Acceptable Use Policy
This Acceptable Use Policy (“AUP”) governs your conduct when using Montaic and applies to all subscribers and authorized users.
4.1 Permitted Uses
Montaic is designed for use by licensed real estate professionals and their authorized team members for the purpose of generating, managing, and distributing real estate marketing content.
4.2 Prohibited Conduct
You agree not to use the Services to:
(a) Generate content that violates the Fair Housing Act or applicable state and local fair housing laws, including discriminatory language based on race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, disability, and any additional classes protected under applicable state or local fair housing laws.
(b) Create deceptive or materially misleading property listings or marketing materials.
(c) Misrepresent property characteristics, pricing, availability, or condition in generated content.
(d) Generate content for properties you are not authorized to market.
(e) Produce spam, bulk unsolicited communications, or content intended to deceive consumers.
(f) Attempt to extract, reverse-engineer, or replicate our proprietary prompts, templates, or AI configurations.
(g) Use the platform to harass, defame, or infringe on the rights of any individual or entity.
(h) Share, resell, or redistribute your account access or generated content as a competing service.
(i) Upload malicious content, viruses, or code intended to disrupt the Services.
(j) Use the platform for any purpose unrelated to real estate marketing without prior written consent.
4.3 Fair Housing Compliance
Montaic is committed to fair housing principles. Our content generation systems include safeguards intended to reduce the risk of discriminatory language in generated outputs, including prompt-level instructions designed to avoid language indicating preference for or against protected classes and to focus on property characteristics rather than describing ideal occupants.
However, these safeguards are not guaranteed to be effective in all cases. AI models trained on historical data may reproduce language patterns that could have disparate impact effects, even absent discriminatory intent. Montaic commits to ongoing monitoring and improvement of its fair housing safeguards, including periodic review of generated outputs for patterns that could indicate discriminatory effects.
You remain solely responsible for reviewing all generated content for compliance with the Fair Housing Act, state fair housing laws, and local regulations before publication. This shared responsibility framework means Montaic maintains the technical safeguards and you perform the human review. Content that violates fair housing principles must not be published.
If you identify any generated content that may violate fair housing standards, please report it to compliance@montaic.com.
4.4 MLS & Regulatory Compliance
You are responsible for ensuring that all generated content complies with your local MLS rules, state real estate commission regulations, and any applicable advertising guidelines. Montaic does not guarantee compliance with any specific MLS or regulatory body's requirements.
Certain MLS boards and regulatory bodies have adopted or are developing rules regarding AI-generated listing content. You are responsible for understanding and complying with any AI-specific disclosure or review requirements imposed by your MLS, state real estate commission, or local board.
4.5 Electronic Communications Compliance
You are solely responsible for ensuring that any content generated by the Services and distributed via email, text message, or social media complies with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and applicable state anti-spam and electronic communications laws. This sole responsibility includes any message you send through Montaic's built-in messaging features, including SMS and MMS sent through the assistant known as Benjamin and email sent through the platform (collectively, the “Messaging Features”).
You represent, warrant, and covenant that, before sending any message through the Messaging Features, and on a continuing basis, you comply with all laws, rules, and industry standards applicable to that message, including the TCPA, 47 U.S.C. Section 227, and its implementing regulations; the CAN-SPAM Act, 15 U.S.C. Section 7701 et seq., and the FTC's CAN-SPAM Rule; applicable state telemarketing, calling-time, and consumer-protection laws; and the CTIA Messaging Principles and Best Practices and applicable wireless carrier requirements. Specifically:
(a) Consent for texts and calls. You have obtained from each Recipient the level of consent required by the TCPA for the message in question. For any text message or call that constitutes telemarketing or advertising, you have obtained that Recipient's prior express written consent as defined in 47 C.F.R. Section 64.1200(f), meaning a written agreement, signed by the Recipient (including by a compliant electronic signature under the E-SIGN Act), that (1) clearly authorizes you to deliver advertisements or telemarketing messages to a designated telephone number, whether using an automatic telephone dialing system, an artificial or prerecorded voice, or otherwise as required for the message in question; (2) identifies the telephone number to which messages may be sent; and (3) clearly and conspicuously discloses that the Recipient is not required to provide consent as a condition of purchasing any goods or services. For informational, transactional, or relationship-based messages, you have obtained at least the prior express consent required for such messages. You will not send any message outside the calling or messaging hours permitted by federal or applicable state law. Obtaining and documenting consent is your exclusive obligation. Montaic does not obtain consent on your behalf, and Montaic's provision of the Messaging Features does not constitute consent from, or any representation about consent by, any Recipient.
(b) Email content and opt-out. For each commercial email message, you (1) do not use false or misleading header information or deceptive subject lines; (2) identify the message as an advertisement to the extent required; (3) include a valid physical postal address; (4) include a clear and conspicuous means by which the Recipient may opt out of future commercial email; and (5) honor each opt-out request within ten (10) business days and keep any opt-out mechanism operable for at least thirty (30) days after the message is sent.
(c) Opt-outs and revocation. You will honor every Recipient request to stop messaging promptly and through any reasonable means by which it is communicated, including replies such as “STOP,” “CANCEL,” or “UNSUBSCRIBE” and equivalent words, and including requests made by other reasonable methods, in each case within the time limits required by applicable law and in no event later than ten (10) business days. You will not message any Recipient who has revoked consent, except a single confirmation of the opt-out where permitted. This obligation is in addition to, and does not replace, the Text Messaging (SMS) section of the Privacy Policy, which governs the messages Montaic sends to you about your own account.
(d) Recordkeeping. You will create and retain records sufficient to demonstrate the consent obtained from each Recipient and the date, method, and scope of that consent, for at least four (4) years after the last message sent to that Recipient, and will provide those records to Montaic promptly on request. Montaic has no obligation to obtain or store those records on your behalf.
You acknowledge that the requirement that consent not be a condition of purchase, and the other consent rules above, remain in effect notwithstanding that the FCC's “one-to-one consent” amendment to 47 C.F.R. Section 64.1200(f) was vacated in Insurance Marketing Coalition Ltd. v. FCC (11th Cir. 2025); the prior express written consent baseline and applicable CTIA and carrier requirements continue to apply in full.
You acknowledge that the Messaging Features are not represented or offered as, and you will not use them as, an automatic telephone dialing system. Montaic may suspend or terminate your access to the Messaging Features at any time, with or without notice, if Montaic reasonably suspects that your use does not comply with this Section.
4.5.1 Agent-to-Lead Sends; You Control the Send
When you use the Messaging Features in workflows that send messages to your clients or leads, including features that draft, schedule, template, or assist in composing a message and present it to you for approval before sending, you alone decide whether, when, to whom, and with what content each message is sent, and the message is sent only on your instruction and at your direction. Montaic's drafting or “approve and send” functionality, including any content suggested by the assistant known as Benjamin, does not send any message to a Recipient unless and until you direct it to be sent. You remain solely responsible for the consent, content, and compliance of every such message under Section 4.5, regardless of whether any part of the message was drafted or suggested by the Services. You will not configure or use the Messaging Features in any manner that represents to a Recipient that Montaic is the sender or is acting on your behalf.
4.6 Enforcement
We reserve the right to investigate and take appropriate action in response to violations of this AUP, including warning, suspension, or termination of your account. Repeated or egregious violations may result in immediate termination without prior notice.