Terms of Service

Effective: March 3, 2026·Last updated: March 3, 2026

Welcome to Montaic (“Platform”), operated by Montaic LLC, a Hawaii limited liability company (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Montaic platform, including all features, tools, content generation services, and related services (collectively, the “Services”).

By creating an account, subscribing to a plan, or using any part of the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. By using Montaic, you represent that you meet these requirements.

The Services are designed for licensed real estate professionals and their authorized team members. By creating an account, you represent that you hold an active real estate license in at least one U.S. jurisdiction or are an authorized member of a licensed professional's team operating under their supervision.

If you are using the Services on behalf of a brokerage, team, or other entity, you represent that you have the authority to bind that entity to these Terms.

1.2 Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account. We are not liable for losses arising from unauthorized account access that is not caused by our negligence.

1.3 Subscription Plans & Billing

Montaic offers tiered subscription plans with varying feature access. Plan details, pricing, and feature availability are described on our pricing page and may be updated from time to time.

Subscriptions are billed on a recurring monthly or annual basis through Stripe, our third-party payment processor. By subscribing, you authorize recurring charges to your designated payment method.

Pricing changes will be communicated at least 30 days in advance via email to your registered address. Continued use after a price change constitutes acceptance. For clarity, pricing changes do not require a revision to these Terms and are communicated separately.

1.4 Feature Access & Tier Gating

Certain features, including but not limited to commercial listing generation, advanced fact sheet formatting, and premium content tools, are available only on higher-tier subscription plans. Feature availability is determined by your active subscription tier and may change as the platform evolves.

1.5 License Grant

Subject to these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes as a real estate professional.

You may not sublicense, resell, white-label, or redistribute access to the Services, the platform's underlying technology, or its content generation capabilities. For clarity, this restriction does not apply to your use and distribution of AI-generated outputs for your real estate marketing purposes as contemplated by these Terms.

1.6 Ownership of Generated Content

(a) Your Inputs. You retain all rights to original content you provide to the platform, including property data, descriptions, photographs, financial information, and any other materials you input for content generation.

(b) AI-Generated Outputs. Content generated by the platform using your inputs is provided to you for your unrestricted use in connection with your real estate marketing activities. You may use, publish, distribute, modify, and create derivative works from AI-generated outputs. To the extent you contribute sufficient original creative expression through editing or modification, any resulting copyright belongs to you.

(c) No Montaic Claim. Montaic does not claim ownership of AI-generated outputs delivered to you and will not use your specific listing content, generated outputs, or fact sheets for any purpose other than delivering the Services to you, except as described in the anonymized data provisions below.

(d) Copyright Limitations. You acknowledge that AI-generated content may not qualify for copyright protection under current U.S. law without sufficient human creative contribution. Montaic makes no representation that unedited AI-generated outputs are eligible for copyright registration.

(e) Anonymized, Aggregated Data. We may use “Anonymized, Aggregated Data” to improve the Services, develop new features, conduct internal analytics, and publish general industry insights. “Anonymized, Aggregated Data” means data that has been (i) stripped of all personally identifiable information, (ii) stripped of all property-identifying information, and (iii) combined with data from multiple subscribers such that no individual subscriber's usage patterns can be identified. Anonymized, Aggregated Data expressly excludes your specific listing descriptions, generated outputs, fact sheets, tone profile, and style preferences. Montaic will not sell or license Anonymized, Aggregated Data to third parties. You may opt out of contributing Anonymized, Aggregated Data through your account settings; opt-out takes effect within 7 days and applies to future data contributions only.

1.7 Prohibited Uses

You agree not to:

(a) use the Services for any unlawful purpose or in violation of any applicable laws, including fair housing laws and real estate advertising regulations;

(b) misrepresent AI-generated content as exclusively human-written in contexts where such disclosure is legally required;

(d) attempt to reverse-engineer, decompile, or extract our proprietary prompts, models, or algorithms;

(e) share account credentials or allow unauthorized third parties to access your account;

(f) use automated scripts, bots, or scrapers to access the Services;

(g) interfere with or disrupt the Services or servers;

(h) use the Services to compete with Montaic or build a competing product.

1.8 Limitation of Liability

To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, lost profits, loss of business, or loss of data, arising out of or related to the Services or these Terms.

Neither party's total aggregate liability for any claims arising from or related to the Services or these Terms shall exceed the greater of (a) the total fees paid by the subscriber to Montaic in the twelve (12) months preceding the claim, or (b) five thousand dollars ($5,000).

The foregoing limitations do not apply to: (i) either party's indemnification obligations under Section 1.10; (ii) either party's breach of its data protection obligations; (iii) either party's willful misconduct or fraud; or (iv) claims of intellectual property infringement by either party. Liability for these carve-out items shall not exceed three (3) times the standard liability cap described above.

The Services provide AI-assisted marketing content generation. We do not guarantee that generated content will be accurate, complete, error-free, or suitable for any particular purpose. You are solely responsible for reviewing, editing, and verifying all generated content before publication or distribution.

The limitations in this section shall apply even if any limited remedy is found to have failed of its essential purpose.

1.9 Disclaimer of Warranties

We warrant that the Services will perform materially in accordance with the documentation made available through the platform. Your sole remedy for breach of this warranty is re-performance of the affected Services.

Except for the express warranty above, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure. We do not warrant that AI-generated content will comply with local, state, or federal real estate advertising regulations. Compliance with applicable laws, including fair housing regulations, MLS rules, and state-specific advertising requirements, is your responsibility.

No representations or warranties made outside of these Terms — including in marketing materials, sales communications, or platform documentation — shall be binding unless expressly incorporated by written amendment signed by both parties.

1.10 Indemnification

1.10.1 Subscriber Indemnification

You agree to indemnify, defend, and hold harmless Montaic LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) your use of the Services in a manner that violates these Terms or applicable law;

(b) your violation of any third party's rights;

(d) any content you publish using outputs from the Services, provided that you have had a reasonable opportunity to review and modify such content prior to publication.

1.10.2 Montaic Indemnification

Montaic will indemnify, defend, and hold harmless the subscriber from claims arising from:

(a) Montaic's breach of its data protection obligations under these Terms or applicable law; and

(b) claims that the Services (excluding subscriber inputs and subscriber-generated or subscriber-modified content) infringe a third party's intellectual property rights.

Montaic shall have no obligation under this subsection to the extent the claim arises from the subscriber's inputs, modifications, combinations with third-party materials, or use of the Services in violation of these Terms.

1.10.3 Indemnification Cap

Each party's total indemnification obligations under this Section 1.10 shall not exceed three (3) times the total fees paid or payable by the subscriber in the twelve (12) months preceding the claim giving rise to the indemnification obligation.

1.10.4 Indemnification Procedures

The indemnified party shall:

(a) provide prompt written notice of any claim to the indemnifying party (provided that failure to provide prompt notice shall not relieve the indemnifying party of its obligations except to the extent materially prejudiced by the delay);

(b) grant the indemnifying party sole control of the defense and settlement of the claim; and

The indemnifying party shall not settle any claim in a manner that imposes obligations on the indemnified party or admits fault on behalf of the indemnified party without the indemnified party's prior written consent.

1.11 Termination

Either party may terminate your account at any time. We may suspend or terminate your access immediately if you violate these Terms or engage in prohibited conduct.

Upon termination:

(a) your license to use the Services immediately ends;

(b) you may request export of your data within 30 days of termination in commonly used, machine-readable formats (CSV for structured data, PDF for generated documents, JSON for account and listing metadata);

(c) after the 30-day export window, your data will enter a 90-day soft-delete period during which account recovery is possible upon request;

(d) after the 90-day soft-delete period, your data will be permanently deleted in accordance with our data retention policy, except where retention is required by applicable law.

Your rights to use, publish, and modify AI-generated outputs delivered to you during your active subscription survive termination of your account.

No refund will be issued for partial billing periods unless required by applicable law.

1.12 Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Hawaii, without regard to conflict of law principles.

Any disputes arising under these Terms shall first be subject to good-faith negotiation for a period of 30 days. If unresolved, disputes shall be resolved through binding arbitration in Honolulu, Hawaii, under the rules of the American Arbitration Association. Each party shall bear its own costs of arbitration.

You and Montaic agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

You may opt out of the arbitration agreement by sending written notice to legal@montaic.com within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts located in Honolulu, Hawaii.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

1.13 Modifications to Terms

We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree with the changes, you may cancel your subscription before the changes become effective.

1.14 Force Majeure

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions or orders, third-party service provider outages (including AI model provider outages, cloud infrastructure failures, and payment processor disruptions), internet service disruptions, power failures, labor disputes, and cyberattacks. The affected party shall provide prompt notice of the force majeure event and use commercially reasonable efforts to resume performance. If a force majeure event continues for more than 60 days, either party may terminate the affected Services without liability.

1.15 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

1.16 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Montaic may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without your consent. Any attempted assignment in violation of this section is void.

1.17 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

By creating an account, you consent to receive electronic communications from Montaic, including account notifications, billing receipts, service updates, policy changes, and marketing communications (from which you may opt out). Electronic communications satisfy any legal requirement that such communications be in writing.

1.19 Notice

Legal notices to Montaic must be sent to legal@montaic.com. Notices to you will be sent to the email address associated with your account. Notices are deemed received when sent to the applicable email address.

1.20 Beta and Preview Features

We may offer beta or preview features that are not yet generally available. Beta features are provided “as is” without any warranty, may be changed or discontinued at any time without notice, and may not be covered by our standard support or service level commitments. Your use of beta features is at your own risk.

1.21 Export Compliance

You represent that you are not located in, or a resident or national of, any country subject to U.S. trade sanctions, and that you are not listed on any U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws in your use of the Services.

1.22 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any applicable subscription agreement, constitute the entire agreement between you and Montaic LLC regarding the Services.