Terms of Use — AvailableMax Inc.

Effective date: September 05, 2025

These Terms of Use (the “Terms”) constitute a legally binding agreement between AvailableMax Inc. (“AvailableMax,” “we,” “our,” or “us”) and each individual or entity who accesses, visits, or uses our websites, mobile applications, APIs, widgets, email or SMS programs, and any other related services that we provide, whether directly or indirectly (collectively, the “Services”). By choosing to access or use the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of the provisions of these Terms, you must not use the Services.

Important Notice: These Terms are intended to serve as a comprehensive set of legal rules for a U.S.-based real estate listings platform. They incorporate obligations under federal and state laws, including consumer-protection, real-estate, privacy, accessibility, anti-discrimination, and electronic-communications statutes. They also contain optional addenda for MLS/IDX data usage, professional/advertiser accounts, messaging compliance, tenant-screening features, and APIs. In certain sections, additional obligations may apply to you depending on your role (e.g., consumer, agent, broker, landlord, lender, or vendor).

1) Who We Are & Scope of Services

1.1 Company.

AvailableMax Inc. is a corporation organized under the laws of the State of Delaware. We are a technology company, not a licensed real estate broker, and our Services consist of providing digital tools and an online platform that allow individuals and businesses to list, search, market, and research properties. For questions relating to these Terms, legal matters, or intellectual property concerns, you may contact us at legal@availablemax.com. Our designated DMCA Agent is identified in §20.

1.2 Services.

Through our Services, we provide users with digital solutions including, but not limited to:

(a) user profiles and account features for consumers and professionals;
(b) the ability to create, manage, and update property listings;
(c) tools that generate data visualizations, automated estimates, and research insights;
(d) forms that allow users to submit inquiries, as well as messaging and notification features;
(e) directories of professionals and paid advertising placements for agents, brokers, landlords, property managers, builders, lenders, or service providers;
(f) optional APIs or SDKs for third-party integrations; and
(g) links or access to third-party services such as mapping, mortgage prequalification, insurance, inspections, appraisals, tenant-screening, title, escrow, or moving services.

1.3 Not a party to transactions.

Unless expressly stated in a separate, written brokerage or agency agreement that you enter directly with AvailableMax Inc., we are not and shall not be considered a party to any real estate, financing, or related transaction. This means we are not your agent, broker, lender, insurer, escrow agent, fiduciary, or representative. We do not guarantee the closing of any real estate transaction, the sale or rental of any property, the accuracy of appraisals, inspections, or title searches, the enforceability of contracts, or compliance with zoning or building regulations. All such matters are the sole responsibility of the parties involved in a given transaction.

1.4 Professional advice disclaimer.

The content provided through our Services is offered strictly for informational purposes. Nothing on the Services constitutes legal, financial, tax, investment, brokerage, or other professional advice. You should not rely on the Services as a substitute for independent advice from qualified professionals. Users are encouraged to consult licensed attorneys, accountants, financial advisors, inspectors, brokers, or other qualified individuals regarding their specific circumstances.

2) Eligibility; Accounts; Verification

2.1 Age & authority.

To use our Services, you must be at least 18 years of age and possess the legal capacity to enter into a binding contract. If you are accessing or using the Services on behalf of a company, organization, brokerage, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.

2.2 Account accuracy.

When creating an account, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you suspect unauthorized access, you must notify us immediately.

2.3 Identity & license checks.

In order to maintain the integrity of the platform, we may request verification of your identity, professional license, association membership, or MLS credentials. For example, real estate agents and brokers may be required to prove their license is active and in good standing. We reserve the right to deny, suspend, or terminate access to the Services if verification fails, if provided information is false or misleading, or if we suspect you are using the Services in violation of law or these Terms.

2.4 Children’s privacy.

Our Services are not directed toward children under 13 years of age. We do not knowingly collect personal information from children under 13, in compliance with the Children’s Online Privacy Protection Act (COPPA). If we learn that we have inadvertently collected such information, we will delete it immediately.

3) Acceptable Use & Prohibited Activities

You agree to comply with all applicable laws and regulations when using the Services. Without limitation, you must not:

(a) use the Services to engage in unlawful, fraudulent, misleading, or harmful conduct;
(b) scrape, crawl, or use automated tools to extract data without prior written consent, except where explicitly permitted by our robots.txt file for search engines;
(c) attempt to circumvent access controls or security features of the Services;
(d) copy, reproduce, or publicly display content except as permitted under these Terms;
(e) reverse engineer or decompile our software;
(f) misrepresent your identity, affiliation, or your authority to list or advertise a property;
(g) upload viruses, malware, spam, or any content that infringes intellectual property rights;
(h) interfere with or disrupt the Services, impose unreasonable loads, or attempt denial-of-service attacks;
(i) use the Services or content to train artificial intelligence, machine learning, or automated systems, unless you have entered into a separate written agreement with us that authorizes such use;
(j) harvest or collect personal data about other users without their consent; or
(k) post or use the Services in ways that discriminate against protected classes in violation of federal, state, or local fair housing and lending laws.

4) User Content; License; Feedback

4.1 Your content.

As part of your use of the Services, you may submit, upload, transmit, or otherwise make available certain content, including but not limited to: text descriptions of properties, property addresses, floor plans, photographs, videos, virtual tours, comments, reviews, business logos, trade names, trademarks, metadata, or other materials (collectively, “User Content”). You retain all rights of ownership in your User Content, subject to the rights and licenses granted to us under these Terms. We do not claim ownership of your User Content; however, by submitting it through the Services, you understand and agree that you are granting us specific rights as described below.

4.2 License to AvailableMax.

By submitting User Content, you grant AvailableMax a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, process, publish, display, perform, distribute, adapt, modify for technical or formatting purposes, index, and otherwise use such User Content in connection with the operation, promotion, improvement, and provision of the Services. This license also extends to our trusted third-party distributors, MLS partners, data providers, email and SMS systems, and social media channels. For example, if you upload a property photo, we may display it on our platform, share it in promotional emails, or allow MLS partners to display it in their IDX feeds, subject to applicable MLS rules.

4.3 Permissions & warranties.

You represent and warrant that: (a) you own the User Content you submit or otherwise have all necessary rights, licenses, consents, and releases to grant us the license described above; (b) your User Content does not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, publicity rights, or contractual rights of others; (c) your User Content complies with all applicable laws and regulations, including housing, advertising, and privacy laws; and (d) where required, you have obtained valid written consent from photographers, videographers, models, tenants, or property owners before uploading or publishing media.

4.4 Removal.

We reserve the right, but not the obligation, to remove, disable, or restrict access to any User Content that we determine, in our sole discretion, to be unlawful, infringing, misleading, or in violation of these Terms or our policies. We also comply with the Digital Millennium Copyright Act (DMCA) (§20) regarding copyright takedown notices. Repeat infringers may have their accounts permanently suspended.

4.5 Feedback.

If you voluntarily submit feedback, suggestions, feature requests, or improvements regarding the Services (“Feedback”), you grant AvailableMax a perpetual, irrevocable, royalty-free license to use, reproduce, and implement such Feedback without obligation to you. You acknowledge that we may already be independently developing similar ideas and that we are free to use your Feedback without restriction or compensation.

5) Platform Content; Data; Attribution

5.1 Our content and third-party content.

The Services contain a mix of content: (a) proprietary content owned by AvailableMax, including logos, trademarks, designs, software code, and databases; (b) licensed data and content from MLSs, associations, brokers, advertisers, vendors, and other third parties; and (c) User Content submitted by platform participants. All such content, whether owned by us or licensed to us, is protected by U.S. and international copyright, trademark, and intellectual property laws. You agree that you will use such content only for your personal, non-commercial purposes directly related to evaluating real estate opportunities. Any republication, scraping, bulk download, resale, or use of content to build or train datasets or artificial intelligence models without prior written authorization is strictly prohibited.

5.2 Estimates and analytics.

From time to time, we may provide automated data outputs such as home value estimates, rent estimates, market trend graphs, heatmaps, scoring systems, or other research tools (“Estimates”). These Estimates are generated by algorithms that rely on available public and licensed data, combined with statistical assumptions. You acknowledge and agree that Estimates are not appraisals, not guaranteed accurate, and should not be relied upon for investment, lending, insurance, or transactional decisions. AvailableMax disclaims all liability for reliance on Estimates and encourages you to consult qualified appraisers, inspectors, and licensed professionals before making decisions.

5.3 Attribution & notices.

Where required by MLSs or data providers, you agree to display attribution notices, disclaimers, copyright symbols, and broker identification alongside content. For example, many MLSs require that each property listing display the listing broker’s name, the source MLS name, and a copyright notice. You agree not to remove, obscure, or alter such notices, watermarks, or proprietary labels.

6) Listings; Authorized Use; Accuracy

6.1 Authority to list.

By posting, publishing, or otherwise submitting a property listing to the Services, you represent and warrant that:

(a) you are the legal owner of the property or have valid written authority from the owner or the listing broker/agent to publish the listing and associated content;
(b) you will comply with all applicable association, MLS, and state laws governing listings, disclosures, and advertising;
(c) you will promptly update, correct, or remove the listing if it becomes inaccurate, is placed under contract, is sold, leased, or otherwise removed from the market; and
(d) you will not list properties in violation of fair housing or anti-discrimination laws.

6.2 Accuracy and updates.

You are solely responsible for ensuring that the property details in your listings — including pricing, status, location, bed/bath counts, square footage, HOA fees, taxes, photographs, and descriptions — are accurate and truthful. If errors or misstatements are discovered, you must promptly correct them. We reserve the right to edit or standardize formatting for consistency, such as abbreviations, capitalization, or field order. However, we do not guarantee that we will review or correct listings for accuracy.

6.3 Open houses & showings.

If you choose to schedule or advertise open houses, private showings, or walkthroughs via the Services, you are fully responsible for all arrangements, property access, compliance with state/local laws, and safety precautions. AvailableMax does not insure, guarantee, or monitor property access and assumes no liability for any injuries, theft, or damages occurring during property viewings.

6.4 For-sale-by-owner (FSBO) and new construction.

If you are listing a property that is for-sale-by-owner or new construction, you are required to comply with all applicable marketing, disclosure, and licensing laws, which may vary by state. For example, some states require that certain seller disclosures (e.g., lead paint, flood risk) be included in FSBO listings. Builders must comply with advertising laws regarding subdivision registration and warranty disclosures.

7) Leads, Messaging, Calls, and SMS

7.1 Consent to communications.

By submitting your phone number, email address, or other contact details to the Services (for example, when you request information on a property, contact an agent, or register for an account), you expressly consent to receive communications from AvailableMax, from our employees or contractors, and from affiliated professionals (including but not limited to real estate agents, brokers, landlords, property managers, builders, lenders, or other service providers to whom your inquiry is routed). Communications may include phone calls, text messages, emails, in-app notifications, and push alerts. Some communications may use automated dialing systems, prerecorded messages, or artificial voice systems, as permitted under the Telephone Consumer Protection Act (TCPA). Message and data rates may apply depending on your mobile carrier.

7.2 Nature of communications.

Communications may include, but are not limited to: responses to property inquiries; follow-ups to listings you have saved or viewed; marketing messages about new listings or offers; appointment confirmations or reminders; tenant-screening or application updates; or legally required notices. By using the Services, you acknowledge that some of these communications are transactional and necessary for the functioning of your account, while others may be promotional and subject to opt-out rights.

7.3 Opt-out and withdrawal of consent.

You may opt out of promotional communications at any time by following the unsubscribe instructions in an email, replying “STOP” to an SMS, or adjusting notification settings in your account. Even if you opt out of promotional communications, you may still receive transactional or legally required messages (e.g., password resets, legal notices).

7.4 Compliance obligations for professional users.

If you are a professional user (agent, broker, landlord, builder, or advertiser) using our messaging, calling, or email tools to communicate with consumers, you represent and warrant that:

(a) you will obtain all legally required consents before contacting consumers;
(b) you will comply with all telemarketing, anti-spam, and consumer-protection laws, including the TCPA, the CAN-SPAM Act, and state do-not-call registries;
(c) you will honor all opt-out requests immediately; and
(d) you will not use the Services to harass, intimidate, or send misleading communications.

8) Professional/Advertiser Accounts (Agents, Brokers, Landlords, Property Managers, Builders, Lenders, Vendors)

8.1 Eligibility and licensing.

Certain features of the Services, including professional profiles, paid advertising, and listing tools, are intended only for licensed real estate professionals or other qualified providers. If you register for a professional or advertiser account, you may be required to submit verification of your license, association membership, brokerage affiliation, MLS authorization, or business registration. You are solely responsible for ensuring that your license remains active, valid, and in good standing. If your license lapses, is suspended, or is revoked, you must immediately update your account and cease representing yourself as licensed.

8.2 Advertising and placements.

AvailableMax may offer professionals the ability to purchase paid placements, such as featured listings, enhanced profile visibility, banner ads, sponsored search results, or lead-generation products. Placement, exposure, and lead volume are not guaranteed and may vary depending on demand, user behavior, algorithms, and market conditions. Where legally required, we will label advertisements or sponsored content as “advertisement,” “sponsored,” or equivalent disclosures, consistent with Federal Trade Commission (FTC) advertising guidelines.

8.3 Payments, billing, and taxes.

All fees for professional accounts, advertising campaigns, subscriptions, or other paid services are disclosed at the time of purchase. Unless otherwise stated, fees may automatically renew on a monthly or annual basis, depending on the plan selected. You authorize AvailableMax to charge your designated payment method for recurring charges until canceled through your account settings. All payments are non-refundable, except where required by law. You are solely responsible for payment of all applicable federal, state, and local taxes associated with your purchases.

8.4 Non-circumvention.

Professionals agree not to circumvent AvailableMax’s lead-routing, tracking, or attribution systems. For example, you may not intentionally redirect consumers away from our platform to avoid paying for leads, nor may you manipulate communication tools in order to underreport or misattribute lead activity.

8.5 No exclusivity.

Unless expressly agreed in a separate written contract, AvailableMax does not grant exclusivity to any professional, advertiser, or brokerage. Competing ads, listings, or professionals may appear alongside or above your paid placements.

9) Third-Party Services & Linked Sites

9.1 Integration of third-party services.

The Services may integrate, link to, or rely on third-party tools, platforms, or providers, including but not limited to: mapping libraries (e.g., Google Maps, Mapbox), mortgage marketplaces, insurance carriers, tenant-screening services, MLS data feeds, inspection companies, closing services, title/escrow providers, moving companies, and payment processors.

9.2 Independence of third parties.

These third-party services are operated independently of AvailableMax. We do not control and are not responsible for their content, accuracy, reliability, business practices, privacy policies, or compliance with law. When you use a third-party service, you are subject to its terms of use and privacy policy. AvailableMax makes no warranties regarding and does not endorse third-party services, even if integrated into our platform.

9.3 Risk allocation.

By using third-party services, you assume all risks associated with such use, including the sharing of personal information. AvailableMax is not responsible for any loss, damage, delay, or liability arising out of third-party services, including but not limited to errors in MLS data feeds, inaccurate mortgage rate quotes, or screening report errors.

10) Equal Housing; Anti-Discrimination; Accessibility

10.1 Fair Housing compliance.

You agree to comply fully with the Fair Housing Act (42 U.S.C. §§ 3601–3619), as well as any applicable state or local fair housing laws. These laws make it illegal to discriminate against individuals in housing-related activities on the basis of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, or disability. Examples of prohibited conduct include:

Publishing listings that exclude or express preferences against protected classes (e.g., “no children,” “Christians only,” “men preferred”).
Steering buyers or renters toward or away from neighborhoods based on protected characteristics.
Targeting or excluding individuals in advertisements based on demographic data that correlates with protected classes.

10.2 Lending and credit compliance.

If you provide lending, credit, or tenant-screening services in connection with the Services, you must comply with the Equal Credit Opportunity Act (ECOA), the Fair Credit Reporting Act (FCRA), and any state analogues. For example, you may not discriminate in loan approvals or tenant screenings based on protected characteristics, and you must provide adverse action notices where required.

10.3 Accessibility.

AvailableMax is committed to making the Services accessible to all users, including those with disabilities. We strive to follow the principles of the Americans with Disabilities Act (ADA) and applicable state accessibility laws. We may implement accessibility features such as screen reader compatibility, alt-text for images, and keyboard navigation. If you encounter any accessibility barriers, please notify us at accessibility@availablemax.com so we may provide reasonable accommodations.

11) Market Estimates and Research Tools

11.1 Informational nature of estimates.

The Services may provide certain automated outputs, models, or tools designed to help users understand real estate market conditions. These may include, but are not limited to, home value estimates, rent estimates, neighborhood trend analysis, heatmaps, demographic breakdowns, school ratings, or affordability calculators (collectively, “Research Tools”). All such tools are provided strictly for general informational purposes only.

11.2 No guarantee of accuracy.

You acknowledge and agree that Research Tools rely on public records, MLS feeds, third-party data, user-submitted data, proprietary algorithms, and assumptions. As a result, outputs are inherently uncertain and may be outdated, incomplete, inaccurate, or inconsistent across markets. They are not appraisals, do not substitute for the services of licensed professionals, and should not be relied upon for financial, lending, investment, insurance, or transactional purposes.

11.3 Responsibility of users.

If you intend to make decisions based on property values, market trends, or investment strategies, you are responsible for engaging qualified professionals, such as appraisers, inspectors, licensed brokers, or attorneys. AvailableMax disclaims liability for actions taken in reliance on Research Tools and encourages independent verification of all information.

12) Intellectual Property; Copyright; Trademarks

12.1 Ownership.

The Services, including but not limited to: software code, databases, designs, user interface elements, text, images, video, audio, logos, branding, trade dress, and compilations of data, are the sole property of AvailableMax or its licensors. They are protected by U.S. and international intellectual property laws, including copyright, trademark, and trade secret law.

12.2 Limited license to you.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services solely for personal, non-commercial purposes related to searching for, evaluating, or advertising real estate. Any other use — including republication, resale, redistribution, scraping, training AI models, or creation of derivative works — requires our prior written consent.

12.3 Trademarks.

“AvailableMax,” our logos, and other branding elements are trademarks or service marks of AvailableMax Inc. Other company and MLS names and logos displayed within the Services may be the property of their respective owners. You may not use any of our trademarks in a way that is likely to cause confusion or imply sponsorship or endorsement without our prior written permission.

12.4 Enforcement.

We actively enforce our intellectual property rights and may take legal action against infringers, including seeking damages, injunctions, and recovery of legal fees.

13) Privacy; Cookies

13.1 Privacy Policy incorporation.

Your use of the Services is subject to our Privacy Policy and Cookie Policy, both of which are incorporated into these Terms by reference. These policies explain how we collect, use, share, and retain personal information, and how you may exercise rights under applicable laws.

13.2 California residents.

If you are a resident of California, you are entitled to additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These rights include:

(a) the right to know what categories of personal information we collect, use, or disclose;
(b) the right to request access to specific pieces of information collected about you;
(c) the right to request deletion of personal information, subject to legal exceptions;
(d) the right to correct inaccurate information;
(e) the right to opt out of the sale or sharing of personal information for targeted advertising; and
(f) the right to limit the use of sensitive personal information.

13.3 Other U.S. states.

If you reside in Virginia, Colorado, Connecticut, or Utah, you may have similar rights under state consumer privacy laws, including the right to opt out of targeted advertising or profiling.

13.5 Cookies and tracking.

The Services use cookies, pixels, and similar technologies for authentication, analytics, personalization, and advertising. You may control cookie preferences through your browser or our cookie banner. For EU/EEA users, consent is obtained at first visit. For California residents, you may exercise opt-out rights via a “Do Not Sell or Share My Personal Information” link.

14) Security; Data Breach Disclosure

14.1 Security practices.

We implement reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, alteration, disclosure, or destruction. These may include encryption, firewalls, intrusion detection, monitoring, access controls, and secure hosting environments.

14.2 No system is infallible.

You acknowledge and agree that no platform, system, or transmission over the internet is 100% secure. We cannot guarantee that unauthorized third parties will never defeat our security measures. By using the Services, you assume the risk that your information may be subject to unauthorized access despite our efforts.

14.3 Breach notifications.

In the event of a data breach involving personal information, we will notify affected users in accordance with applicable U.S. state data breach notification laws (e.g., California Civil Code §1798.82). Such notice may be provided via email, in-product alert, or public posting.

14.4 Responsible disclosure.

We encourage security researchers to report suspected vulnerabilities to us at security@availablemax.com. If you discover a vulnerability, you agree not to exploit it and to give us a reasonable time to remediate before disclosing it publicly.

15) Warranty Disclaimers

15.1 General disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. AVAILABLEMAX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

15.2 No guarantee of uninterrupted service.

We do not warrant that the Services will function without interruption, be error-free, virus-free, or free from other harmful components. We also do not guarantee that any defects will be corrected in a timely manner.

15.3 Third-party content.

We do not warrant or endorse the accuracy, reliability, legality, or safety of third-party content, MLS data, advertisements, or services accessed through the Services.

15.4 Geographic scope.

We make no representations that the Services are appropriate, legal, or available for use in jurisdictions outside the United States. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

15A) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVAILABLEMAX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR AVAILABLEMAX’S WILLFUL MISCONDUCT OR FRAUD, THE TOTAL AGGREGATE LIABILITY OF AVAILABLEMAX FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID TO AVAILABLEMAX FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such laws apply, the limitations and exclusions in this §15A shall apply to the fullest extent permitted by law.

16) Indemnification

16.1 Your obligations.

You agree to defend, indemnify, and hold harmless AvailableMax, its affiliates, officers, directors, employees, contractors, licensors, service providers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, costs, expenses, or attorneys’ fees (collectively, “Claims”) arising out of or relating to:

(a) your access to or use of the Services;
(b) your User Content, including allegations that such content infringes or violates the rights of others;
(c) your violation of these Terms, our policies, or any applicable law, regulation, or industry rule;
(d) your interactions, communications, or transactions with other users, third-party providers, or professionals;
(e) your listings, advertisements, products, or services, including misrepresentations or violations of fair housing, lending, or disclosure laws.

16.2 Defense and settlement.

AvailableMax reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us. You may not settle any claim without our prior written consent if the settlement requires any admission of liability, imposes obligations on us, or affects our rights.

17) Term; Termination; Suspension

17.1 Term of agreement.

These Terms remain in effect from the moment you first access or use the Services until terminated by either you or us in accordance with this section.

17.2 Suspension or termination by AvailableMax.

We may suspend or terminate your access to the Services, remove or disable content, deactivate your account, or terminate these Terms altogether at any time, for any reason, with or without notice. Grounds for termination may include, but are not limited to: violation of these Terms; suspected fraudulent or unlawful conduct; failure to maintain required licenses; or harm to the Services, our users, or third parties.

17.3 Termination by you.

You may terminate these Terms by ceasing all use of the Services and, if you have an account, by deleting it.

17.4 Effect of termination.

Upon termination, your rights to use the Services immediately cease. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to: §§4 (User Content), 5 (Platform Content), 11 (Market Estimates), 12 (Intellectual Property), 13 (Privacy), 14 (Security), 15 (Warranty Disclaimers), 15A (Limitation of Liability), 16 (Indemnification), 19 (Communications), 20 (DMCA), 23 (Payments), 25 (Dispute Resolution), 26 (Governing Law), and 30 (Miscellaneous).

18) Tenant-Screening Addendum

18.1 Applicability.

This section applies only if you use or offer tenant-screening, background check, eviction check, or credit check services through or in connection with the Services.

18.2 Fair Credit Reporting Act (FCRA).

If you obtain or use consumer reports for tenant screening, you represent and warrant that you are a “permissible user” under the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) and that you will comply with all obligations thereunder. This includes obtaining the applicant’s written consent before ordering a report, using the report only for lawful purposes, and providing legally required notices if adverse action is taken (such as denying a rental application).

18.3 Data minimization and security.

You agree to collect only the minimum information reasonably necessary for tenant-screening purposes, and to store such information securely using appropriate technical and organizational measures. Sensitive data (such as Social Security numbers) must not be disclosed improperly and must be destroyed or anonymized when no longer required by law.

18.4 Adverse action and disputes.

If you take any adverse action based in whole or in part on a consumer report (e.g., denying a rental application, requiring a higher deposit), you must provide the applicant with a notice of adverse action that includes the name of the consumer reporting agency, a statement that the agency did not make the decision, and information on how to dispute the accuracy of the report.

18.5 Third-party providers.

Some tenant-screening features may be provided by third parties under their own terms and policies. You must review and accept those terms before using such features.

19) Communications; Email/SMS Marketing

19.1 Email marketing.

If you send marketing emails through or in connection with the Services, you must comply with the CAN-SPAM Act (15 U.S.C. §7701 et seq.) and any applicable state anti-spam laws. This means that all emails must include accurate header information, a truthful subject line, a valid physical mailing address, and a clear and conspicuous opt-out mechanism. You must promptly honor all opt-out requests.

19.2 SMS/MMS marketing.

If you send SMS or MMS marketing messages through the Services, you must comply with the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) rules, and industry best practices. You must obtain express written consent from recipients before sending marketing texts, clearly disclose message frequency and potential fees, and provide opt-out instructions (e.g., “Reply STOP to cancel”). You must maintain records of consent and immediately cease sending messages when consent is revoked.

19.3 Professional obligations.

Professional users are solely responsible for ensuring compliance with all applicable marketing laws when contacting consumers, including but not limited to respecting quiet hours, honoring national and state do-not-call registries, and avoiding deceptive or misleading advertising claims.

20) DMCA Copyright Policy

20.1 Designated agent.

In compliance with the Digital Millennium Copyright Act (DMCA), AvailableMax designates the following agent to receive notices of claimed copyright infringement:

DMCA Agent: Legal Department, AvailableMax Inc.
Email: dmca@availablemax.com

20.2 Notice and takedown procedure.

If you believe that content accessible via the Services infringes your copyright, you may submit a written notice to our DMCA Agent containing the following information, as required by 17 U.S.C. §512(c)(3):

(a) a physical or electronic signature of the copyright owner or authorized agent;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the allegedly infringing material and information sufficient to locate it;
(d) your name, address, telephone number, and email address;
(e) a statement of good-faith belief that use of the material is not authorized by the copyright owner, agent, or law;
(f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

20.3 Counter-notice.

If your content was removed in error or misidentification, you may file a counter-notification pursuant to 17 U.S.C. §512(g). This must include: your signature, identification of the removed material, a statement of good-faith belief that the removal was a mistake, and consent to jurisdiction of federal courts in your district.

20.4 Repeat infringers.

It is our policy to terminate, in appropriate circumstances, accounts of users who are repeat infringers.

21) MLS/IDX/VOW Addendum

21.1 MLS licenses & rules.

If you access or display property listings obtained from a Multiple Listing Service (“MLS”), Internet Data Exchange (“IDX”), or Virtual Office Website (“VOW”), you acknowledge that such data is licensed and governed by contractual agreements with the MLS or association. You agree to comply fully with all applicable MLS/IDX/VOW licenses, rules, regulations, and policies, which may include requirements regarding: display of listing broker attribution; refresh and update rates; retention periods; consumer-use restrictions; and data security obligations. MLSs reserve the right to audit your use of their data, and failure to comply may result in suspension or revocation of data access.

21.2 Required disclosures.

Certain MLSs require that specific disclaimers and attribution statements appear on every listing display. You agree that, where required, each listing will display:

(a) the name of the listing broker or agent;
(b) the source MLS name and copyright notice;
(c) the date and time the listing data was last updated; and
(d) a consumer-use disclaimer, substantially in the following form:

“Listing data provided for consumer personal, non-commercial use only. Information is deemed reliable but not guaranteed. All information should be independently verified. Listings may be subject to prior sale, change, or withdrawal.”

21.3 Use limitations.

MLS/IDX/VOW data may only be used for personal, non-commercial purposes of identifying prospective properties for purchase, sale, or lease. Prohibited uses include, but are not limited to: scraping or bulk downloading listing data (except where expressly permitted by license); redistributing MLS content without authorization; selling or reselling MLS data; or using MLS data to train, test, or enhance artificial intelligence models or datasets without the prior written consent of both the MLS and AvailableMax.

21.4 Data corrections and conflicts.

We reserve the right to suppress, edit, or remove MLS data at any time to comply with license requirements or MLS rules. In the event of a conflict between user-submitted content and MLS data, the MLS data and MLS rules will control.

21.5 Audit & suspension.

MLSs and AvailableMax reserve the right to audit your use of MLS data. If you are found to be in violation of MLS rules, your access to MLS data (and possibly to the Services) may be suspended or terminated.

22) API Terms

22.1 Applicability.

If you access AvailableMax application programming interfaces (“APIs”), software development kits (“SDKs”), or data feeds, this section applies in addition to the general Terms.

22.2 License.

Subject to compliance with these Terms and any separate API agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use our APIs solely to build applications or integrations that interact with the Services.

22.3 Restrictions.

You agree not to:

(a) exceed rate limits or make abusive calls to the API;
(b) cache or store personal information longer than necessary to provide your application’s functionality;
(c) re-identify or attempt to re-identify de-identified or anonymized data;
(d) sublicense, sell, or otherwise transfer API access keys to unauthorized parties; or
(e) use APIs in ways that violate user privacy, applicable laws, or our security requirements.

22.4 Revocation.

We may monitor your use of APIs and may revoke or suspend your access at any time, with or without cause, including for suspected abuse or security risks.

23) Payments; Subscriptions; Refunds

23.1 Subscriptions.

Certain features of the Services may require payment, such as professional accounts, advertising campaigns, or premium listing features. If you purchase a subscription, you agree that it will automatically renew at the end of each billing cycle (monthly or annually, as applicable), unless you cancel through your account settings before renewal.

23.2 Refunds.

All fees paid are final and non-refundable, except where: (a) required by applicable law; or (b) expressly stated in specific product terms. For example, if a state law provides consumers with a statutory cooling-off period, such rights will apply. If we suspend or terminate your account due to your violation of these Terms, you will not be entitled to a refund or credit.

23.3 Chargebacks.

You agree not to initiate chargebacks with your financial institution without first contacting us to attempt to resolve the issue. Accounts subject to chargebacks may be suspended until the matter is resolved.

23.4 Taxes.

All fees are exclusive of applicable taxes, duties, levies, or government charges. You are solely responsible for the payment of all such amounts.

24) Referral Fees; Affiliated Business Disclosures

24.1 RESPA compliance.

If AvailableMax or its affiliates refer you to third-party service providers such as lenders, insurers, title companies, inspectors, or moving companies, we will comply with the Real Estate Settlement Procedures Act (RESPA, 12 U.S.C. §2601 et seq.), which prohibits unlawful kickbacks, fee-splitting, or unearned fees.

24.2 Disclosure of relationships.

We will disclose any material relationships or financial interests we may have with providers to whom we refer you. For example, if we have an affiliated business arrangement with a mortgage lender, we will provide a written disclosure of that affiliation and you will remain free to shop around for other providers.

24.3 Your choice.

You are under no obligation to use providers to whom you are referred by the Services. You are free to select providers of your own choosing.

25) Dispute Resolution; Arbitration; Class-Action Waiver

25.1 Informal resolution.

Before commencing formal dispute resolution, you agree to first contact us at legal@availablemax.com and attempt to resolve the dispute informally. Many disputes can be resolved quickly and to mutual satisfaction without formal proceedings.

25.2 Arbitration agreement.

If a dispute cannot be resolved informally within thirty (30) days, you and AvailableMax agree to resolve all disputes through binding arbitration on an individual basis. Arbitration shall be administered by a nationally recognized arbitration provider (such as AAA or JAMS) pursuant to its applicable rules. The language of arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction.

This arbitration agreement does not apply to: (a) small claims court actions; or (b) claims seeking injunctive relief to protect intellectual property or prevent unauthorized access to the Services.

25.3 Class-action waiver.

You and AvailableMax agree that any proceedings shall be conducted only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. You waive your right to participate in a class action against AvailableMax.

25.4 Opt-out.

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to arbitration-optout@availablemax.com. Your opt-out must include your full name, account email, and a statement that you decline arbitration. If you opt out, you retain the right to pursue disputes in court, subject to §26.

26) Governing Law; Venue

26.1 Choice of law.

These Terms and any disputes arising out of or relating to the Services, your use of the Services, or your relationship with AvailableMax, are governed by and shall be construed under the laws of the State of Delaware, without regard to its conflict-of-laws principles. This ensures uniformity and predictability, as Delaware law is the law of our state of incorporation.

26.2 Venue for disputes.

For claims not subject to arbitration under §25, the exclusive jurisdiction and venue shall be the state and federal courts located within the State of Delaware. You consent to the personal jurisdiction of these courts and waive any objection based on forum non conveniens or lack of jurisdiction.

26.3 Application of U.S. law.

Regardless of where you access the Services, you agree that U.S. federal and Delaware state law shall apply. If you are a user outside the United States, you are solely responsible for compliance with your local laws and regulations.

27) International Use

27.1 U.S.-based platform.

The Services are controlled and operated from within the United States and are primarily intended for users located within the U.S. AvailableMax makes no representation that the Services, or the content available through the Services, are appropriate or available for use in other jurisdictions.

27.2 Compliance with foreign laws.

If you access or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws, including data protection, housing, advertising, and consumer-protection laws. You acknowledge that certain features (e.g., tenant-screening, MLS data, or mortgage calculators) may not be legally permitted or functional outside the United States.

27.3 Export control.

You agree not to export, re-export, or transfer the Services or related technology in violation of U.S. export control laws, including the Export Administration Regulations (EAR) or other applicable restrictions.

28) Changes to the Services or Terms

28.1 Right to modify.

We reserve the right, in our sole discretion, to modify, update, or discontinue the Services, or to amend these Terms, at any time. This includes the right to introduce new features, impose limits, or change fees.

28.2 Effective date of changes.

Unless otherwise stated, changes to these Terms become effective immediately upon posting to the Services. We may also provide notice by email or in-app notification.

28.3 Continued use.

Your continued access to or use of the Services after changes take effect constitutes acceptance of those changes. If you do not agree with updated Terms, your sole remedy is to stop using the Services and close your account.

29) Notices; Electronic Communications

29.1 Consent to electronic communications.

By using the Services, you consent to receive communications from us electronically. We may provide required notices and other communications by email, through the Services, or by posting to our website.

29.2 Legal effect.

Electronic notices shall satisfy any legal requirement that such communications be in writing. You agree to maintain accurate and current contact information in your account settings so that we may send notices reliably.

29.3 Methods of notice.

Notices will be deemed given: (a) when sent by email to the email address associated with your account; (b) when posted within your account dashboard; or (c) when posted publicly on our website. It is your responsibility to review communications promptly.

29A) Electronic Records & Signatures (ESIGN/UETA)

By accessing and using the Services, you consent to the use of electronic records and electronic signatures in connection with your relationship with AvailableMax, consistent with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and applicable state Uniform Electronic Transactions Acts (UETA). This means that:

(a) agreements and disclosures we present to you electronically have the same legal effect as if provided in paper form and signed with a handwritten signature;
(b) your clicking of buttons, checking of boxes, or other electronic actions indicating agreement or consent may be deemed your electronic signature; and
(c) you may receive certain records (including legal notices, disclosures, and contracts) electronically instead of in paper form.

You may withdraw your consent to receive electronic records at any time by contacting legal@availablemax.com. However, withdrawal of consent may limit or prevent your use of some or all of the Services. We recommend that you save or print copies of important electronic records for your own files. To access and retain electronic records, you must have a device with internet access, a current web browser, and the ability to open PDF documents.

30) Miscellaneous

30.1 Entire agreement.

These Terms, together with any referenced policies (including but not limited to the Privacy Policy, Cookie Policy, API Agreement, Professional/Advertiser Terms, MLS addenda, and security policies), constitute the entire agreement between you and AvailableMax regarding the Services. They supersede all prior or contemporaneous oral or written agreements relating to the Services.

30.2 Assignment.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this clause shall be null and void. We may assign these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or corporate reorganization.

30.3 Severability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified only to the extent necessary to render it enforceable, while preserving as closely as possible the original intent.

30.4 No waiver.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it limit our ability to enforce the same at a later date.

30.5 Force majeure.

We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, labor disputes, supply chain disruptions, governmental actions, telecommunications failures, cyberattacks, or acts of war or terrorism.

Policy Appendices

Appendix A — Listing Quality & Content Standards

A1. Accuracy of information.

All property listings submitted through the Services must be accurate, complete, and not misleading. This includes, but is not limited to, information regarding: listing price, rental price, property status (active, pending, sold, leased), physical address, geographic location, square footage, number of bedrooms and bathrooms, year built, HOA fees, property taxes, and any other material facts. Misstating, exaggerating, or omitting material information that a reasonable consumer would consider important may violate both these Terms and applicable consumer-protection or fair housing laws. You are solely responsible for promptly correcting errors or updating a listing once circumstances change (e.g., a property is sold or rented).

A2. Disclosure of defects and risks.

To the extent required by state or federal law, you must disclose known material defects, hazards, or conditions affecting a property. Examples include, but are not limited to: lead-based paint hazards (required under federal law for homes built before 1978), flood risk disclosures, mold infestations, structural issues, and zoning or code violations. Failure to disclose such issues may subject you, and not AvailableMax, to legal liability.

A3. Media rights and authenticity.

You must ensure that all photos, videos, floor plans, 3D tours, renderings, or other media uploaded to a listing are either owned by you or licensed to you with sufficient rights to use them for listing purposes. You may not upload copyrighted material without authorization, nor may you include watermarks, logos, or branding that violate MLS rules or third-party rights. Any use of “stock images” or AI-generated imagery must be clearly identified where required by law or policy, and such content must not misrepresent the property being advertised.

A4. Prohibited content.

Listings and related media must not contain:

Discriminatory statements in violation of the Fair Housing Act or state equivalents (e.g., “no families,” “Christian tenants only,” “men only”).
False, misleading, or deceptive claims about the property, neighborhood, or transaction terms.
Offensive, harassing, defamatory, obscene, or sexually explicit material.
Doxxing or unauthorized disclosure of personal information (e.g., publishing a current resident’s phone number or personal photos without consent).

A5. Reviews and comments.

If reviews, testimonials, or comments are permitted, they must be based on genuine experiences and not fabricated or manipulated. You may not “gate” reviews (only allowing positive ones), intimidate reviewers, or offer incentives for favorable reviews unless permitted by law and disclosed as required by Federal Trade Commission (FTC) endorsement guidelines.

A6. AI-generated content.

If you use AI tools to generate listing descriptions, images, or other materials, you remain responsible for the accuracy and lawfulness of such content. AI-generated text or images must not mislead users into believing that a property feature exists when it does not, nor may they be used to fabricate properties, distort conditions, or impersonate real individuals. In jurisdictions requiring disclosure of AI use, you must comply with such disclosure requirements.

Appendix B — Broker/Agent Branding & Advertising Rules

B1. Required disclosures in advertising.

If you are a licensed real estate professional (agent, broker, or brokerage team) using the Services to advertise, you must comply with all state real estate commission regulations, association rules, and MLS requirements governing advertising. These laws often mandate the inclusion of specific disclosures in advertising materials. At a minimum, you must:

Include your legal name as licensed, not just a nickname or team name.
Identify the brokerage firm with which you are affiliated, using the brokerage’s legal or trade name.
Display your license number if required by your state.
Ensure that disclosures are conspicuous, legible, and not hidden in fine print or disclaimers.

For example, some states (such as Texas, California, and New York) require that brokerage names appear in advertising at least as prominently as the agent’s name. Failure to provide these disclosures may result in disciplinary action from your state licensing board, separate from enforcement under these Terms.

B2. Placement and size requirements.

State laws and MLS policies may dictate how brokerage information must be displayed in relation to your name or team name. For example, in certain states:

Brokerage names must be in equal or greater font size compared to team names.
The word “team” or “group” must be used appropriately and not in a way that misleads consumers into thinking you are a licensed brokerage if you are not.
Franchise marks or trade names must be properly displayed alongside local brokerage names.

It is your responsibility to understand and comply with the advertising rules of your state. AvailableMax may, but is not obligated to, provide prompts or templates to help ensure compliance.

B3. Lead routing and representation.

You agree not to misrepresent your relationship with consumers or properties. You must not:

Claim to be the “exclusive” representative of a buyer or seller unless you have a valid written agreement with that client.
Hold yourself out as the listing agent on a property if you are not officially designated as such in the MLS or by written authorization from the property owner.
Intercept or redirect leads intended for another agent or brokerage in violation of agency rules, MLS policies, or consumer expectations.

You must honor existing agency relationships and cannot interfere with another agent’s contract with a client.

B4. Comparative and performance claims.

If you make claims such as “#1 agent in the city,” “top producer,” or “most homes sold,” you must substantiate those claims with current, verifiable data. All comparative advertising must include appropriate qualifiers (e.g., “based on 2024 MLS sales volume in [County]”) and must not mislead consumers. The Federal Trade Commission (FTC) prohibits false or unsubstantiated advertising claims, and violations may expose you to liability.

B5. Prohibited advertising practices.

In addition to the general prohibitions in §3 of these Terms, professional accounts may not:

Use false, misleading, or deceptive advertising to attract leads.
Imply endorsement by AvailableMax unless we have given prior written consent.
Use spam, auto-dialers, or deceptive caller ID information to solicit leads.
Misrepresent the nature of paid placements (e.g., failing to label “sponsored” or “featured” listings).

B6. Broker supervision.

In states where brokers are legally responsible for supervising their agents, the broker is responsible for ensuring that all advertising conducted through the Services complies with state law. By allowing your agents to use the Services, you, as the broker, agree to monitor their compliance and take corrective action where necessary.

Appendix C — Messaging Compliance Playbook

C1. Consent capture.

Before sending any marketing or promotional messages (via email, SMS, MMS, automated calls, or in-app messaging), you must obtain proper consent from the recipient. Consent must be:

Express and informed: The recipient must clearly understand what type of messages they will receive (e.g., property alerts, promotional offers, reminders).
Documented: You must maintain accurate records of when, how, and where consent was obtained. Acceptable records include digital opt-in forms, timestamped logs, IP addresses, or signed written consents.
Separate from other agreements: Consent to receive marketing messages must not be bundled with unrelated terms (such as acceptance of Terms of Use).

For text messaging in particular, express written consent is required under the Telephone Consumer Protection Act (TCPA) if messages are promotional.

C2. Required content in messages.

Every marketing message must include:

(a) the legal name of the sender (e.g., your name and brokerage if you are an agent, or “AvailableMax Inc.” if the platform is the sender);
(b) a clear opt-out mechanism, such as “Reply STOP to cancel” for text messages or an unsubscribe link for emails;
(c) instructions for how to obtain help (e.g., “Reply HELP for assistance”); and
(d) any disclosures required by state law, industry standards, or carrier guidelines.

Emails must also comply with the CAN-SPAM Act, meaning they must not use deceptive subject lines and must include a valid physical mailing address for the sender.

C3. Contact list integrity.

You may only send messages to individuals who have provided valid consent. Purchased, rented, or scraped lists are prohibited unless you can verify that each recipient has lawfully opted in to receive marketing messages from you. Sending unsolicited communications to consumers without consent may subject you (and not AvailableMax) to liability under TCPA, CAN-SPAM, state consumer-protection laws, and carrier enforcement policies.

C4. Frequency limits.

You must clearly disclose the expected frequency of marketing communications at the time of consent (e.g., “You will receive up to 4 property alerts per month”). You must not exceed disclosed limits without obtaining renewed consent. Excessive or harassing messaging is prohibited and may result in suspension of your account.

C5. Quiet hours & do-not-contact rules.

All professional users must respect national and state do-not-call registries, as well as any applicable “quiet hours” restrictions (e.g., no marketing calls or texts before 8:00 a.m. or after 9:00 p.m. local time of the recipient, per TCPA regulations). If a consumer requests not to be contacted, you must immediately honor that request and update your internal do-not-contact list.

C6. Record retention.

You are responsible for retaining records of consents, opt-outs, and communications for a minimum of four (4) years or as required by applicable law. These records must be available for review in the event of a legal dispute, audit, or regulatory inquiry.

C7. Liability disclaimer.

While AvailableMax may provide tools for sending communications, you acknowledge that you are solely responsible for ensuring your compliance with all applicable laws. Misuse of the Services’ messaging features may result in suspension, termination, and legal liability.

Appendix D — MLS/IDX Display Checklist

D1. Attribution and broker identification.

Every property listing that is sourced from an MLS (Multiple Listing Service) or IDX (Internet Data Exchange) feed must display the name of the listing broker or agent as provided by the MLS. This attribution must be clear, conspicuous, and placed directly alongside or immediately below the listing details. You may not obscure or alter the attribution in a way that diminishes its visibility. Some MLSs may also require display of office contact information or additional identifiers, which must be honored without modification.

D2. MLS source disclosure.

In addition to broker attribution, listings must include the name of the source MLS (e.g., “Data provided by XYZ MLS, ©2025 XYZ MLS”). Where required, MLS copyright notices must be displayed exactly as provided by the MLS and cannot be abbreviated or reformatted without permission. Failure to display correct attribution or copyright statements may result in MLS enforcement action, including fines or revocation of access.

D3. Timestamp accuracy.

MLS rules typically require that listings display the date and/or time of the last update. You agree to include “last updated” timestamps in a visible location on each listing page and in any exported or shared data feeds. Timestamps must reflect the actual refresh time of the MLS feed as provided by the MLS. Misleading or outdated timestamps may constitute a violation of MLS rules and misrepresentation to consumers.

D4. Consumer use limitations.

MLS data is licensed for personal, non-commercial use only, and only for the purpose of identifying prospective properties for purchase, sale, or lease. You must clearly display the consumer-use limitation notice required by the MLS, substantially in the following form:

“Information is provided exclusively for consumer personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data is deemed reliable but not guaranteed.”

You may not allow consumers to scrape, bulk-download, resell, or use MLS data for unauthorized commercial purposes (e.g., compiling a marketing database).

D5. Suppression of listings.

MLSs and sellers may require that certain listings be suppressed, removed, or have specific fields hidden (such as property address for certain property types). You agree to implement suppression requirements promptly and without modification. If MLS rules conflict with user-submitted data, the MLS rules take priority.

D6. Display consistency.

You must not alter MLS data in a way that misrepresents the property. For example, you may reformat field names for clarity (e.g., “BR” to “Bedrooms”), but you may not change property status from “pending” to “active,” or alter square footage or price fields. Automated formatting must not distort MLS data.

D7. Audit and compliance.

MLSs and AvailableMax reserve the right to audit your display of MLS/IDX data at any time. You agree to cooperate fully with audit requests, including providing screenshots, access logs, or other evidence of compliance. Failure to cooperate with audits may result in suspension of your MLS data access and/or termination of your account.

Appendix E — Tenant-Screening Compliance Toolkit

E1. Permissible purpose and applicant consent.

If you use the Services to obtain consumer reports, credit checks, eviction history, criminal background checks, or other tenant-screening information (collectively, “Screening Reports”), you must ensure that you have a permissible purpose as defined under the Fair Credit Reporting Act (FCRA, 15 U.S.C. §1681 et seq.). Acceptable purposes include evaluating a rental applicant’s eligibility for housing. Before ordering any Screening Report, you must:

Obtain the applicant’s express written consent, signed or electronically recorded, authorizing you to obtain such a report.
Clearly disclose to the applicant, in a standalone written notice, that a consumer report may be obtained for housing purposes. This disclosure must not be combined with other notices.
Retain proof of the applicant’s consent for your records for at least five (5) years or longer if required by state law.

E2. Adverse action obligations.

If you take any “adverse action” based in whole or in part on information contained in a Screening Report (for example, denying a rental application, requiring a higher deposit, or adding a guarantor requirement), you are legally required to provide the applicant with an Adverse Action Notice. This notice must include:

(a) the name, address, and phone number of the consumer reporting agency that provided the report;
(b) a statement that the agency did not make the adverse decision and cannot explain the reason for it;
(c) notice of the applicant’s right to obtain a free copy of the report within 60 days; and
(d) notice of the applicant’s right to dispute the accuracy or completeness of the report with the agency.

Failure to provide proper adverse action notices can expose you to liability under the FCRA, including statutory damages, actual damages, punitive damages, and attorneys’ fees.

E3. Dispute process.

If an applicant disputes the accuracy of information in a Screening Report, you must:

Provide the applicant with clear instructions for contacting the consumer reporting agency directly.
Refrain from making final housing decisions until the dispute has been reasonably investigated and resolved, if feasible.
Cooperate in good faith with the consumer reporting agency’s reinvestigation, as required by FCRA §611.

E4. Data minimization and sensitive information.

You agree to collect, use, and store only the minimum personal information necessary to evaluate rental applications. Sensitive data such as Social Security numbers, driver’s license numbers, or financial account information must be handled with the highest security measures, including encryption at rest and in transit. Sensitive information must never be disclosed publicly or stored in unprotected formats.

E5. Data retention and deletion.

You may retain Screening Reports only as long as reasonably necessary to fulfill the purpose for which they were obtained, or as otherwise required by law. Once retention is no longer necessary, you must securely delete or anonymize Screening Reports. Secure deletion includes permanent removal from all systems, backups, and devices, using industry-standard deletion protocols. You must not retain Screening Reports indefinitely or for unrelated purposes (e.g., future marketing).

E6. State-specific requirements.

Several states impose additional restrictions on tenant screening:

California: Limits use of certain criminal records and caps screening fees.
New York: Prohibits charging tenants certain application fees and restricts rejection based on prior landlord-tenant cases.
Colorado, Washington, and others: Require landlords to provide specific disclosures regarding tenant-screening practices.

You are solely responsible for complying with state and local tenant-screening laws in addition to federal FCRA obligations.

E7. Third-party providers.

If tenant-screening features are provided through third-party consumer reporting agencies, you must review and accept their terms of use. You acknowledge that AvailableMax is not a consumer reporting agency and does not make decisions regarding rental eligibility. We only facilitate access to third-party reports where available.

Appendix F — Security & Responsible Disclosure

F1. Security commitments.

AvailableMax implements reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of the Services and any information stored therein. These measures include, but are not limited to:

encryption of data in transit using SSL/TLS protocols;
encryption of sensitive data at rest using industry-standard cryptographic algorithms;
access controls and authentication mechanisms to limit internal and external access;
firewalls, intrusion detection, and prevention systems;
regular system monitoring, logging, and patching; and
staff training on data privacy and cybersecurity practices.

While we maintain a robust security program, you acknowledge and agree that no system is completely secure. Cyberattacks, data breaches, or system outages may occur despite our safeguards. You assume the risk of using the Services subject to these limitations.

F2. User security obligations.

You are responsible for maintaining the confidentiality of your account credentials (username, password, API keys, etc.) and for implementing appropriate security measures on your own systems and devices. You agree to:

use strong, unique passwords and update them regularly;
enable multifactor authentication where available;
install antivirus and security patches on your devices;
promptly notify us if you suspect unauthorized access to your account; and
not share credentials with unauthorized parties.

If you fail to follow these obligations and such failure contributes to unauthorized access or a security incident, you may be held responsible for resulting damages.

F3. Vulnerability reporting.

We encourage independent security researchers, ethical hackers, and users to responsibly disclose any suspected vulnerabilities in our systems. If you discover a vulnerability, you must:

immediately notify us at security@availablemax.com with sufficient detail to reproduce the issue;
avoid exploiting the vulnerability for malicious purposes;
not access or exfiltrate sensitive data beyond what is necessary to demonstrate the issue; and
give us a reasonable opportunity to remediate before making any public disclosure.

We will acknowledge receipt of your report, investigate the issue in good faith, and, where appropriate, provide recognition for your contribution.

F4. Bug bounty program.

From time to time, AvailableMax may operate a bug bounty program to reward individuals who discover and responsibly disclose vulnerabilities. Participation is subject to program-specific rules, which will define eligible vulnerabilities, in-scope and out-of-scope systems, reward amounts, and legal safe harbor protections. Unauthorized or malicious activity outside the program scope may result in legal action.

F5. Data breach notifications.

In the event of a confirmed security breach involving your personal information, we will provide notice in accordance with applicable U.S. state data breach notification laws. Notices may be delivered via email, in-app alerts, or public posting, depending on the severity and scope of the breach. You may also be entitled to additional remedies under certain state laws (e.g., California, New York, Massachusetts).

F6. Limitation of liability.

While we strive to implement and maintain strong cybersecurity practices, you acknowledge that AvailableMax cannot guarantee absolute security. To the maximum extent permitted by law, we disclaim liability for any damages arising from security incidents not caused by our gross negligence or willful misconduct.

Contact

AvailableMax Inc.
Support: support@availablemax.com
Legal: legal@availablemax.com
DMCA: dmca@availablemax.com
Accessibility: accessibility@availablemax.com
Security: security@availablemax.com