Terms of Use

1. AvailableMax Platform

AvailableMax is a U.S.-based real estate technology platform that may provide property listing visibility, professional profiles, dashboards, lead and communication tools, marketing products, contract and document workflows, market content, valuation or research tools, verification workflows, and related real estate technology services.

Unless we expressly state otherwise in a separate written agreement, AvailableMax is not a real estate broker, mortgage lender, title company, escrow company, insurer, appraiser, property inspector, financial advisor, tax advisor, or provider of professional advice. Information on the platform is provided for general informational and workflow purposes. You are responsible for making your own decisions and for obtaining appropriate professional guidance where needed.

2. Eligibility and Account Roles

You must be at least 18 years old and legally able to enter into these Terms to use AvailableMax. You must provide accurate account information, keep it current, and protect your login credentials. You are responsible for activity under your account.

AvailableMax may support several account types, including:

• Consumer or Subscriber Accounts: users who browse, save, inquire, communicate, access free tools, or use non-professional features.
• Agent Accounts: individual real estate professionals who create or manage a professional profile, listings, leads, and dashboard tools.
• Agency or Brokerage Accounts: companies, teams, brokerages, or agencies that manage professional profiles, listings, team access, advertising, or business workflows.
• Developer or Builder Accounts: companies or representatives that present projects, communities, new construction inventory, or development-related content.
• Landlord, Property Manager, Vendor, Advertiser, or Partner Accounts: users or businesses that use specific operational, advertising, lead, or service workflows.
• API or Integration Users: approved users who access AvailableMax data, tools, or workflows through technical integrations.

We may require identity, license, company, ownership, authorization, payment, or verification information before allowing access to professional, agency, developer, advertising, API, or paid features. We may approve, reject, downgrade, suspend, or remove accounts, profiles, badges, or listings when information is incomplete, inaccurate, expired, unpaid, unauthorized, violates these Terms, or creates risk for AvailableMax, users, or third parties.

3. Acceptance, Version Tracking, and Electronic Agreement

When you register, submit a professional application, create a listing, use a dashboard, purchase a plan, or otherwise use AvailableMax, we may record your acceptance of these Terms, including the Terms version, acceptance date and time, acceptance source, IP address, and browser or device information. This record may be used to administer accounts, enforce these Terms, resolve disputes, and comply with platform obligations.

You consent to transact electronically with AvailableMax. Electronic signatures, checkbox acceptances, click-through acceptances, dashboard confirmations, and electronic records may satisfy any signature or written-record requirement where permitted by law.

4. Account Security and Responsibility

You must not share credentials, allow unauthorized users to access your account, impersonate another person or company, or create accounts using false information. If you believe your account has been compromised, contact us promptly at support@availablemax.com.

Organizations are responsible for their owners, employees, contractors, agents, team members, and other authorized users. Removing a team member from your business does not automatically remove all data, obligations, payment responsibilities, or prior activity associated with that person unless AvailableMax confirms the change.

5. Acceptable Use

You agree not to misuse AvailableMax. Prohibited activity includes:

• posting false, misleading, stale, discriminatory, infringing, unlawful, or unauthorized content;
• misrepresenting licensing status, company authority, property ownership, listing rights, availability, prices, fees, incentives, or transaction terms;
• scraping, harvesting, crawling, copying, bulk downloading, reverse engineering, or using automated systems without written permission;
• circumventing paywalls, account limits, verification, rate limits, security tools, subscription controls, or access restrictions;
• uploading malware, spam, phishing content, code, or files that interfere with the platform;
• using AvailableMax to send unlawful calls, texts, emails, spam, or marketing messages;
• collecting personal information without proper notice, consent, or authority;
• using the platform to discriminate, steer, harass, threaten, defame, or violate fair housing or consumer protection laws;
• creating fake accounts, fake leads, fake reviews, fake engagement, or artificial traffic;
• reselling, sublicensing, or redistributing AvailableMax data or services without written permission.

6. User Content and License to AvailableMax

“User Content” means information, listings, descriptions, photos, videos, floor plans, documents, reviews, messages, profile details, company data, logos, project data, pricing, availability, comments, and other materials you submit or make available through AvailableMax.

You retain ownership of your User Content, subject to any rights owned by others. You grant AvailableMax a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, distribute, index, modify for formatting or technical purposes, translate, promote, analyze, and otherwise use your User Content to operate, improve, secure, market, and provide the platform and related services.

You represent that you have all rights, permissions, licenses, and consents needed to submit User Content and grant this license. You are responsible for your User Content and for any claims arising from it. AvailableMax may remove, edit for formatting, restrict, disable, or refuse User Content at any time, including when we believe it violates these Terms, third-party rights, platform policies, MLS or data-provider rules, applicable law, or user trust.

7. Listings, Projects, and Real Estate Content

If you submit or manage property listings, projects, communities, rental listings, sales listings, or real estate content, you represent that:

• you have authority to advertise, publish, syndicate, or manage the content;
• the content is accurate, current, and not misleading;
• prices, availability, incentives, fees, deposits, commissions, concessions, square footage, property facts, project status, and material limitations are presented accurately;
• you will promptly update or remove unavailable, sold, leased, expired, withdrawn, duplicate, or materially changed listings;
• photos, videos, logos, floor plans, maps, and media are owned by you or properly licensed for use on AvailableMax;
• the content complies with fair housing, advertising, licensing, MLS, brokerage, consumer protection, privacy, intellectual property, and other applicable rules.

AvailableMax does not guarantee that listing information is complete, current, verified, or error-free. We may display content from users, public sources, partners, MLS or IDX feeds, vendors, advertisers, or third-party providers. We may add labels, badges, disclaimers, estimates, rankings, data overlays, or other context, but these do not guarantee accuracy, availability, quality, licensing, or transaction outcome.

8. Professional, Agency, Developer, and Advertiser Accounts

Professional and business users are responsible for maintaining required licenses, registrations, broker supervision, authorizations, insurance, disclosures, advertising approvals, and compliance obligations. Agencies, brokerages, developers, builders, property managers, vendors, and advertisers are responsible for their teams, representatives, listings, campaigns, communications, and claims made through AvailableMax.

Verification badges, profile labels, rankings, paid placements, sponsored content, or marketplace visibility features do not guarantee licensing status, quality, availability, transaction success, lead volume, consumer interest, search position, or revenue. We may change, pause, remove, or revoke such features when needed to protect users, comply with platform rules, resolve payment issues, or maintain service integrity.

9. Payments, Subscriptions, Free Accounts, and Defaulting Accounts

Some AvailableMax features may be free. Other features may require payment, subscription, usage fees, advertising fees, premium plans, verification fees, lead products, API fees, or other charges. Prices, included features, limits, renewal terms, taxes, and cancellation options are shown at checkout, in an order form, in the dashboard, or in a separate agreement.

If a plan renews automatically, you authorize AvailableMax and its payment processors to charge the payment method on file until you cancel according to the applicable cancellation process. Unless a separate refund policy or written agreement says otherwise, fees are non-refundable to the maximum extent permitted by law, and partial periods, unused credits, unused features, and unused subscription time may not be refunded.

• pause, hide, downgrade, or remove listings, profiles, badges, campaigns, leads, dashboards, API access, or paid features;
• limit publishing, editing, export, messaging, advertising, or verification access;
• apply late fees, collection costs, or reactivation requirements where disclosed and permitted;
• offset credits, reject new orders, require prepaid billing, or terminate the account;
• retain records needed for billing, disputes, security, compliance, or enforcement.

Free accounts may be limited, changed, suspended, or discontinued. Free access does not create a right to paid features, ongoing availability, data export, search ranking, lead delivery, or continued publication.

10. Communications, Leads, Email, Calls, and Text Messages

AvailableMax may provide inquiry forms, lead routing, messaging, calls, email, SMS, verification notices, support messages, and other communication tools. You are responsible for the content and lawfulness of communications you send or cause to be sent through AvailableMax.

By providing contact information, you authorize AvailableMax to send account, security, transactional, verification, support, billing, listing, and service-related communications. Marketing texts, calls, or similar promotional messages will be handled according to applicable consent requirements. Consent to receive marketing messages is not required as a condition of buying property, selling property, renting property, or purchasing AvailableMax services unless expressly permitted by law.

For SMS, message frequency may vary. Message and data rates may apply. You may reply STOP to opt out of supported text-message programs and HELP for help, where available. Opting out of marketing communications may not stop transactional or account-related messages.

Professional users, agencies, advertisers, developers, and partners must comply with TCPA, CAN-SPAM, state telemarketing rules, do-not-call requirements, privacy laws, platform rules, and all other applicable communication laws.

11. Reviews, Ratings, Testimonials, and Endorsements

Reviews, ratings, testimonials, endorsements, comments, badges, and user feedback must be truthful, based on a genuine experience, and not misleading. You must not submit, request, buy, sell, trade, generate, publish, suppress, or manipulate fake reviews or fake engagement.

• Do not post reviews for yourself, your company, competitors, employees, relatives, or related parties without clear disclosure of the relationship.
• Do not use bots, AI-generated personas, fake accounts, scripts, review farms, or undisclosed incentives to create or influence reviews.
• Do not condition compensation, discounts, rewards, refunds, or benefits on positive or negative review sentiment unless clearly disclosed and lawful.
• Do not threaten, pressure, or retaliate against users for honest reviews.
• Do not review-gate by selectively soliciting positive reviews while discouraging, blocking, or hiding negative but lawful reviews.
• Do not misrepresent that a review is independent, verified, recent, or representative when it is not.

AvailableMax may remove, label, rank, moderate, or restrict reviews and testimonials to enforce these Terms, prevent fraud, protect users, or comply with law. We do not promise to display every review, and we do not guarantee the accuracy of user reviews.

12. Fair Housing, Anti-Discrimination, and Accessibility

AvailableMax supports equal housing opportunity. You may not use the platform to discriminate, steer, exclude, harass, or make unavailable housing or services based on protected characteristics under federal, state, or local law, including race, color, religion, sex, disability, familial status, national origin, or other protected classes where applicable.

Listings, ads, filters, descriptions, communications, screening criteria, professional profiles, and user behavior must comply with fair housing, accessibility, and anti-discrimination requirements. AvailableMax may remove content, restrict tools, suspend accounts, or cooperate with appropriate processes when we believe the platform is being misused.

13. Valuation, Research, AI, Market Content, and Tools

AvailableMax may provide estimates, valuations, analytics, AI-assisted content, market insights, search tools, property intelligence, comparable-property information, forms, contract workflows, or educational content. These tools may rely on user inputs, public records, third-party data, algorithms, machine learning, data-provider feeds, and assumptions that may be incomplete, delayed, inaccurate, or unavailable.

AI-assisted or automated outputs may be inaccurate, incomplete, outdated, or unsuitable for your situation. You are responsible for reviewing and approving content before publishing, sending, signing, or relying on it.

14. Contracts, Documents, E-Signatures, and Forms

AvailableMax may offer document, contract, form, workflow, or e-signature features. Templates, clauses, prompts, forms, document previews, and workflow tools are provided for convenience and platform workflow only. AvailableMax does not guarantee that any document is complete, enforceable, valid, suitable, compliant, or sufficient for a specific transaction or jurisdiction.

You are responsible for reviewing documents, confirming authority to sign, obtaining required disclosures, preserving records, complying with ESIGN, UETA, state laws, brokerage rules, consumer protection requirements, and all transaction-specific obligations. We may store signatures, timestamps, IP addresses, audit trails, document versions, and related records to support the workflow.

15. Tenant Screening, Applications, and Consumer Reports

If AvailableMax offers rental applications, tenant screening, background checks, credit reports, identity verification, income verification, or similar services, those services may be provided by third-party vendors and may be subject to additional terms. Users who request, use, or rely on screening information must comply with the Fair Credit Reporting Act, state consumer-reporting laws, privacy laws, adverse-action notice requirements, and fair housing laws.

You may not request or use consumer reports without permissible purpose, proper authorization, required disclosures, and lawful handling of sensitive information.

16. MLS, IDX, VOW, Data Feeds, and Third-Party Data

Some listing or property data may come from MLS, IDX, VOW, public records, government sources, data licensors, partners, brokers, agents, advertisers, or other third parties. Such data may be subject to additional terms, display rules, attribution requirements, usage restrictions, geographic limits, retention limits, and correction or removal obligations.

You must not scrape, copy, redistribute, sell, use, or display third-party data except as allowed by AvailableMax and the applicable data provider. AvailableMax may change, delay, remove, suppress, or restrict data at any time based on provider rules, data quality, rights, law, or platform needs.

17. APIs, Integrations, and Developer Use

API keys, webhooks, integrations, embeds, data exports, or technical access are provided only as authorized by AvailableMax. You must protect credentials, follow documentation, respect rate limits, keep integrations secure, and use data only for the approved purpose.

You may not build a competing service, replicate AvailableMax listings or databases, bypass the user interface, identify users without permission, combine data in a way that violates privacy or data-provider rules, or continue API access after termination or revocation.

18. Third-Party Services, Links, Referrals, and Partners

AvailableMax may link to or integrate with third-party websites, payment processors, map providers, data providers, listing feeds, analytics services, e-signature tools, communication providers, screening vendors, lenders, brokers, advertisers, partners, and other services. We are not responsible for third-party services, content, fees, downtime, data practices, decisions, or performance.

Any referrals, introductions, sponsored placements, advertising, or partner relationships must comply with applicable law, including real estate settlement, advertising, disclosure, licensing, and consumer protection rules. Unless expressly stated, AvailableMax does not guarantee or endorse any third-party provider or transaction result.

19. Privacy, Cookies, Security, and Data Handling

Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy and related notices. By using AvailableMax, you agree that we may process information as described in those notices and as needed to provide, secure, improve, administer, bill, and enforce the services.

You must not submit personal information, sensitive information, consumer reports, documents, photos, or contact data unless you have the right to do so. Professional and business users are responsible for providing notices, obtaining consents, honoring opt-outs, and protecting personal information they collect or receive through the platform.

No system is perfectly secure. You must use reasonable security practices and promptly notify us of suspected unauthorized access, data exposure, or platform misuse.

20. Intellectual Property

AvailableMax, the AvailableMax name, logos, designs, software, platform interfaces, workflows, text, graphics, data compilations, ranking systems, badges, icons, and other materials are owned by AvailableMax or its licensors and are protected by intellectual property laws. Except as expressly allowed by these Terms, you may not copy, modify, distribute, display, reverse engineer, frame, scrape, create derivative works from, or exploit AvailableMax materials without written permission.

If you believe content on AvailableMax infringes your copyright, send a notice to dmca@availablemax.com with the information required by the Digital Millennium Copyright Act. We may remove or disable access to allegedly infringing content and may terminate repeat infringers where appropriate.

21. Availability, Changes, and Beta Features

We may modify, pause, discontinue, limit, or replace any feature, plan, workflow, dashboard, listing tool, API, data source, algorithm, badge, ranking, communication channel, or content display at any time. Features may be unavailable because of maintenance, security issues, third-party outages, data-provider changes, legal requirements, abuse prevention, or technical problems.

Beta, pilot, experimental, or preview features may be changed or discontinued without notice and may not be error-free.

22. Suspension, Termination, and Enforcement

We may suspend, restrict, downgrade, disable, terminate, or delete accounts, content, listings, profiles, dashboards, API access, badges, campaigns, subscriptions, or other features if we believe you violated these Terms, created legal or platform risk, failed verification, failed payment, misused communications, infringed rights, submitted misleading content, violated law, harmed users, or threatened service integrity.

You may stop using AvailableMax at any time. Termination does not relieve you of payment obligations, outstanding disputes, indemnity obligations, confidentiality or data restrictions, or obligations that by their nature should survive. We may retain records as needed for billing, security, compliance, dispute resolution, fraud prevention, and legitimate business purposes.

23. Disclaimers

To the maximum extent permitted by law, AvailableMax disclaims all warranties, express or implied, including warranties of accuracy, availability, merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, data accuracy, transaction success, lead volume, listing performance, ranking, revenue, property condition, or suitability.

We do not guarantee that users, agents, agencies, developers, advertisers, vendors, listings, properties, leads, documents, messages, reviews, or third-party services are accurate, licensed, trustworthy, available, lawful, suitable, or error-free.

24. Limitation of Liability

To the maximum extent permitted by law, AvailableMax and its officers, directors, employees, contractors, affiliates, licensors, partners, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of data, business, goodwill, revenue, leads, rankings, transactions, or opportunities.

To the maximum extent permitted by law, AvailableMax’s total liability for all claims relating to the services will not exceed the greater of (a) the amount you paid to AvailableMax for the service giving rise to the claim during the 12 months before the event, or (b) US $100. Some jurisdictions do not allow certain limits, so some limits may not apply to you.

25. Indemnification

You agree to defend, indemnify, and hold harmless AvailableMax and its officers, directors, employees, contractors, affiliates, licensors, partners, and service providers from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees and enforcement costs, arising from or related to your use of AvailableMax, User Content, listings, communications, reviews, payments, subscriptions, professional activity, data use, API use, violation of these Terms, violation of law, infringement of rights, or dispute with another user or third party.

26. Dispute Resolution, Arbitration, and Class Waiver

Please contact support@availablemax.com first so we can try to resolve concerns informally. If a dispute cannot be resolved informally, you and AvailableMax agree that, to the maximum extent permitted by law, disputes arising from or relating to these Terms or the services will be resolved by binding individual arbitration rather than in court, except for small claims matters, intellectual property enforcement, account misuse, unauthorized access, or requests for injunctive relief.

Arbitration will be conducted on an individual basis. Class actions, class arbitrations, collective actions, and representative proceedings are not permitted to the maximum extent allowed by law. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim.

You may opt out of arbitration within 30 days after first accepting these Terms by emailing support@availablemax.com with the subject “Arbitration Opt-Out” and your name, account email, and a clear statement that you opt out of arbitration.

Nothing in this section limits non-waivable rights you may have under applicable law.

27. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except where federal law applies or applicable law requires otherwise. Subject to the arbitration section above, the state and federal courts located in Delaware will have exclusive jurisdiction for disputes that may be filed in court, and you consent to personal jurisdiction and venue there.

28. International Use

AvailableMax is primarily intended for use in connection with U.S. real estate technology workflows. If you access the services from outside the United States, you are responsible for complying with local laws, export controls, sanctions rules, privacy laws, and other requirements that may apply.

29. Changes to These Terms

We may update these Terms from time to time. When we make material updates, we may post the updated Terms, change the “Last Updated” date, notify users by email or dashboard notice, require renewed acceptance, or use other reasonable notice methods. Your continued use of AvailableMax after an update means you accept the updated Terms.

30. Notices

We may send notices by email, dashboard notice, account message, website posting, SMS for supported transactional notices, or other reasonable electronic means. You are responsible for keeping your account contact information current.

31. Miscellaneous

If any part of these Terms is found unenforceable, the remaining parts will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign these Terms as part of a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law. These Terms, together with referenced policies and applicable order forms or written agreements, are the entire agreement between you and AvailableMax regarding the services.