Unreal CRM Inc.
Subscription Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. BY CHECKING THE BOX OR CLICKING “I AGREE,” CREATING AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. THESE TERMS INCLUDE AN AUTOMATIC RENEWAL, A BINDING ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER (SECTION 19). Unless you opt out within thirty (30) days as described in Section 19.6, disputes between you and Unreal will be resolved by individual arbitration, not in court.
Key Terms at a Glance
| Topic | Summary |
|---|---|
| Plan types | Month-to-Month, Annual Prepaid, and 12-Month Commitment (paid monthly). See Section 11.1. |
| Automatic renewal | Month-to-Month Plans renew monthly. Annual and 12-Month Commitment Plans renew for another 12 months unless you cancel at least 30 days before the end of the term. See Section 11.3. |
| Non-refundable | Fees are non-refundable once charged. A 12-Month Commitment Plan obligates you to pay all 12 installments, even if you cancel renewal. See Section 12. |
| Cancel online | You can cancel automatic renewal online at any time in Settings > Billing. See Section 12.2. |
| Your outreach | You are the caller and sender of every call, voicemail, and email you make through Unreal, and you are responsible for consent, Do Not Call, and other telemarketing laws. See Section 6. |
| Property and contact data | Our data is licensed for permitted property-related and business prospecting purposes only, and a phone number in our data is not consent to call. See Section 5. |
These Subscription Terms and Conditions (these “Terms”) are a legally binding agreement between you, whether personally or on behalf of the business or entity you represent (“you,” “your,” or “Customer”), and Unreal CRM Inc., a Delaware corporation (“Unreal,” “we,” “us,” or “our”), and govern your access to and use of Unreal’s property intelligence, prospecting, and customer relationship management platform, including the web application at app.unrealcrm.com, any mobile application, and all related features, data, and support (the “Services”).
1. The Agreement
1.1 Agreement
These Terms, together with each Order (including any signed Annual Subscription Agreement or 12-Month Subscription Agreement, each a “Subscription Agreement”), the Data Processing Addendum available at www.unrealcrm.com/dpa (the “DPA”), and any policies expressly incorporated by reference (collectively, the “Agreement”), govern your use of the Services. Our Privacy Policy, available at www.unrealcrm.com/privacy, explains how we handle personal information. Use of our marketing website is governed by our Website Terms of Use.
1.2 Business Use Only
The Services are designed for real estate professionals, investors, and other businesses, and are offered only for business and professional purposes, not for personal, family, or household use. You represent that you are at least eighteen (18) years old, that you are using the Services for your business (including as a sole proprietor or licensed agent), and that you are not located in, or a resident or national of, any country or region subject to comprehensive U.S. sanctions, and not on any U.S. government restricted-party list. The Services are intended for use in the United States.
1.3 Authority
If you accept these Terms on behalf of a company, brokerage, team, or other entity, you represent that you have authority to bind that entity, and “you” and “Customer” refer to that entity. If you are an individual agent working under a brokerage, you are accepting these Terms for yourself unless your brokerage has entered into a separate agreement with Unreal that covers your account.
1.4 Enterprise Agreements
If Customer has signed a Master Subscription Agreement or other written agreement with Unreal that covers the Services, that signed agreement governs instead of these Terms, except to the extent it expressly incorporates these Terms.
2. Definitions
Capitalized terms have the meanings below or where defined in context.
“Authorized User” means an individual employee, agent, or contractor of Customer whom Customer permits to access the Services under Customer’s account and who has been issued unique login credentials.
“Customer Data” means data, content, and information that Customer or its Authorized Users submit to or create in the Services, including Customer’s contacts, leads, notes, uploaded lists, deal records and documents, email templates, attachments, and messages that Customer creates in or schedules through the Services, imported contacts, call recordings, transcripts, and Output, but excluding Unreal Data and Usage Data.
“Fees” means the subscription fees, usage-based fees, and other charges for the Services stated in an Order or on Unreal’s pricing page.
“Law” means all applicable federal, state, and local laws, regulations, rules, orders, and binding regulatory guidance.
“Order” means the online checkout, in-app purchase flow, or ordering document through which Customer purchases a Plan, add-ons, or Usage Allotments.
“Plan” means the subscription tier Customer purchases (for example, Pro Individual), including its features, Usage Allotments, and Plan type described in Section 11.1.
“Subscription Term” means the period for which Customer has paid or is obligated to pay for a Plan, including any Commitment Term and all renewals.
“Unreal Data” means property, parcel, ownership, transaction, lien, valuation, map-layer, and contact information, and any enrichment, inference, score, or other data derived from it, that Unreal makes available through the Services, excluding Customer Data.
“Usage Allotment” means a quantity-based entitlement included in a Plan or purchased separately, such as AI enrichment credits, email sends, dialer minutes, telephone numbers, or storage.
“Usage Data” means technical and usage information about the operation and use of the Services, such as logs, performance metrics, feature usage, and device and browser information.
3. Accounts and Authorized Users
3.1 Registration
You must provide accurate and complete registration and billing information and keep it current. Each Authorized User must have his or her own login; credentials may not be shared, and a single seat may not be used by more than one individual.
3.2 Responsibility for Your Account
You are responsible for all activity under your account and for your Authorized Users’ compliance with the Agreement, and you will enable multi-factor authentication where offered. Notify us promptly at support@unrealcrm.com if you suspect unauthorized access. We may suspend credentials that appear compromised.
4. The Services and Usage Allotments
4.1 Access
Subject to the Agreement and payment of Fees, Unreal grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term for its Authorized Users to access and use the Services for Customer’s internal business purposes.
4.2 Plans and Features
Plan features and Usage Allotments are described on our pricing page or in your Order as of your purchase. We continually improve the Services and may add, modify, or retire features. If we permanently discontinue the Services, or voluntarily remove functionality in a way that materially reduces the core functionality of your Plan taken as a whole, we will give you reasonable advance notice and, if you cancel as a result within thirty (30) days after that notice, refund any prepaid Fees for the remainder of your current Subscription Term.
Changes outside our control. The availability, coverage, and content of Unreal Data and integrations depend on public records, data providers, and third-party platforms. If we remove, modify, or restrict any functionality, Unreal Data, data source, or integration because it is required by applicable Law, regulation, court order, or government action, or because of a restriction, modification, or discontinuation imposed by a third-party provider, or any other cause outside our reasonable control (each, an “Excluded Change”), we will give you notice when reasonably practicable. An Excluded Change will not constitute a breach of the Agreement (including any warranty) and will not give you a right to terminate, cancel, or receive a refund, credit, or reduction of Fees. You may still turn off automatic renewal at any time as described in Section 12.
4.3 Usage Allotments
Unless your Order states otherwise: (a) Usage Allotments included in a Plan reset at the start of each billing period and unused amounts do not roll over; (b) separately purchased credit packs expire twelve (12) months after purchase or when your subscription ends, whichever is earlier; (c) Usage Allotments have no cash value and are not refundable except as stated in Section 12; and (d) if you exceed an allotment, we may pause the affected feature or, where you have opted in, charge overage at the rates shown in the Services.
4.4 Fair Use
Features described as “unlimited” (such as data exports) are subject to reasonable use consistent with a single Authorized User’s ordinary prospecting activity and to the “Unreal Data” Section of these Terms. We may apply rate limits or temporary caps to protect the Services, our data sources, and other customers, and will tell you if a cap affects your account.
5. Unreal Data
5.1 Unreal Data License
Subject to Customer’s compliance with the Agreement and payment of all applicable Fees, Unreal grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the Subscription Term to access, search, view, and export Unreal Data through the Services, and to use Unreal Data (including Unreal Data exported during the Subscription Term) solely for the Permitted Purpose and solely for Customer’s own internal business. Unreal Data is licensed, not sold. Unreal and its data sources retain all right, title, and interest in the Unreal Data, including in Unreal’s selection, compilation, normalization, enrichment, and arrangement of it. Neither party claims ownership of the underlying public records, which remain available from their offices of record.
5.2 Permitted Purpose
“Permitted Purpose” means (a) identifying, researching, analyzing, and evaluating real property, property owners, and property-related opportunities and risks; (b) identifying and contacting property owners and other individuals and businesses to offer, market, or provide lawful products or services relating to real property or to the business being contacted, including in connection with real estate brokerage, investment, acquisition, lending, development, property management, insurance, construction, home and property services, energy, and similar businesses; (c) managing Customer’s own contacts, communications, and sales pipeline using the Services; and (d) any other legitimate business purpose that Unreal approves in writing, including in an Order Form or the Services’ documentation; in each case in compliance with applicable Law and the Agreement.
5.3 Prohibited Data Uses
Customer will not, and will not permit any Authorized User or third party to, use the Services or any Unreal Data:
(a) as a factor in establishing any individual’s eligibility for credit, insurance, employment, housing or tenancy (including tenant screening), a government license or benefit, or for any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or any similar state law. Unreal is not a consumer reporting agency, and the Unreal Data is not a “consumer report”;
(b) to locate, track, stalk, harass, intimidate, or threaten any person, or to locate any person who does not wish to be found, including any person protected by a domestic violence, address-confidentiality, or similar program;
(c) to discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, disability, source of income, or any other characteristic protected by the Fair Housing Act or other applicable Law, including by selecting, filtering, or excluding prospects on the basis of any protected characteristic or any proxy for it;
(d) for debt collection, repossession, skip tracing of debtors, or process service, except to the extent expressly permitted in an Order Form;
(e) in violation of the Driver’s Privacy Protection Act, the Gramm-Leach-Bliley Act, or any restriction that Unreal identifies to Customer as applying to a particular data source or data element;
(f) to sell, resell, license, sublicense, rent, publish, or otherwise make Unreal Data available to any third party, or to include Unreal Data in any product or service offered to third parties, except that Customer may share limited Unreal Data with its own clients, co-brokers, lenders, and professional advisors to the extent incidental to a specific transaction and not as a standalone data product;
(g) to build, supplement, or train any database, list, data product, or artificial intelligence or machine learning model that is offered to third parties or that competes with the Services;
(h) to contact any person Unreal has identified to Customer as having opted out, requested deletion, or requested suppression, or any person on Customer’s own internal do-not-contact list; or
(i) to contact any person in violation of the “Outreach Compliance” Section of the Agreement.
5.4 Suppression and Deletion Requests
Individuals may ask Unreal to delete or suppress information about them, and Unreal may be legally required to honor those requests (including under the California Delete Act and other state data broker and privacy laws). Unreal may remove, suppress, or correct Unreal Data at any time without liability. If Unreal notifies Customer (including through suppression flags in the Services) that an individual has opted out or requested deletion, Customer will, within ten (10) business days, stop contacting that individual using Unreal Data and delete or suppress the affected Unreal Data in Customer’s systems, except to the extent retention is required by Law or relates to an existing, documented business relationship between Customer and that individual that does not depend on the Unreal Data.
5.5 Data Accuracy
Unreal Data is compiled from public records, licensed third-party sources, publicly available information, and automated processes, including artificial intelligence. Unreal Data may be incomplete, outdated, or inaccurate, and a contact point identified as “verified” or “matched” reflects Unreal’s or its sources’ matching process at a point in time and is not a guarantee of ownership, identity, current assignment of a telephone number, or consent to be contacted. Customer is solely responsible for independently verifying Unreal Data before relying on it for any transaction, valuation, legal, or contact decision.
5.6 Certification of Permitted Use
Customer represents and warrants that it will use the Services and Unreal Data only for the Permitted Purpose. Unreal may require Customer to confirm its Permitted Purpose, business identity, or licensure (for example, a real estate or other professional license number) as a condition of access to certain data elements or features, and may ask Customer from time to time to confirm in writing its compliance with this Section. Unreal may audit Customer’s use of the Services through usage logs and, upon reasonable notice, reasonable written inquiries.
5.7 Required Privacy Terms for Unreal Data
To the extent Unreal Data includes personal information, Unreal makes it available to Customer only for the limited and specified purposes described in the “Permitted Purpose” Section. Customer will: (a) use that personal information only for those purposes; (b) comply with all obligations that apply to it under the California Consumer Privacy Act and other applicable privacy Laws, and provide the same level of privacy protection those Laws require of Unreal; (c) notify Unreal promptly if it determines it can no longer meet these obligations; and (d) permit Unreal, on reasonable notice, to take reasonable and appropriate steps to confirm that Customer uses that personal information consistently with Unreal’s legal obligations, and to stop and remediate any unauthorized use. With respect to Unreal Data that Customer exports and uses for its own purposes, Customer acts as an independent business or controller and is responsible for providing any notices and honoring any rights requests that apply to its own use.
6. Outreach Compliance
6.1 Customer Is the Sender
The Services include, or may in the future include, tools that allow Customer to place, record, transcribe, and summarize calls, use a dialer, and send email and other messages (collectively, “Outreach Features”). Customer, and not Unreal, determines whom to contact, when, how, how often, and with what content. Customer is the sender, caller, and initiator of every communication made through the Outreach Features, and Customer is solely responsible for that communication and its compliance with Law. Unreal acts only as a technology provider.
6.2 Human-Initiated Calling
Unless Unreal expressly makes a different feature available in writing, each call placed through the Services’ dialer must be individually initiated by a human user and handled by a live person when answered. Customer will not configure, modify, or use the Services, or combine them with any other tool, to place calls automatically, to dial numbers randomly or sequentially, or to deliver prerecorded or artificial voice messages.
6.3 Communications Laws
Customer will comply with all Laws that apply to its outreach, including, as applicable: the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the FCC’s implementing rules (the “TCPA”); the Telemarketing Sales Rule, 16 C.F.R. Part 310; the National Do Not Call Registry rules; state telemarketing, “mini-TCPA,” do-not-call, call-time, caller-identification, and telemarketer-registration laws; the CAN-SPAM Act and state commercial email laws; laws governing the recording and monitoring of calls, including laws that require the consent of all parties to a call (such as California Penal Code §§ 632 and 632.7); and applicable professional licensing and advertising rules.
6.4 Specific Customer Obligations
Without limiting the “Communications Laws” Section above, Customer will:
(a) obtain and document every consent required by Law before contacting a person, including any prior express written consent required for telemarketing calls or messages;
(b) not use Unreal Data as evidence of, or a substitute for, consent. A telephone number or email address appearing in the Unreal Data does not mean that its owner has consented to be contacted by Customer or anyone else;
(c) scrub every telephone number against the National Do Not Call Registry, applicable state do-not-call lists, and Customer’s internal do-not-call list before calling, maintain an internal do-not-call list and written do-not-call policy, and maintain a current subscription to the National Do Not Call Registry for each area code Customer calls;
(d) honor every request to stop calls, messages, or emails, made by any reasonable means, promptly and in any event within the time required by Law, and record those requests in the Services so they can be applied across all Outreach Features;
(e) place calls only within the hours permitted by federal law and the law of the called party’s state, and transmit accurate caller identification information;
(f) at the start of every call, provide the identity of the business responsible for the call and any other disclosure required by Law;
(g) notify all parties, and obtain any consent required, before recording or transcribing a call or generating an AI summary of a call; and
(h) keep records sufficient to demonstrate compliance with this Section for at least five (5) years, and provide them to Unreal promptly on request if Unreal receives a complaint, demand, or inquiry concerning Customer’s outreach.
6.5 Compliance Tools Are Not Legal Advice
Unreal may offer features designed to help Customer comply with Law, such as do-not-call flags, litigator and reassigned-number indicators, calling-hour windows, disclosure prompts, consent-capture fields, and suppression lists. These tools are provided as a convenience, depend on third-party data, and may not identify every restricted number or requirement. They do not relieve Customer of any obligation, and Unreal does not provide legal advice. Unreal may require that certain tools be enabled, and may require Customer to attest that it has obtained required consents, before Customer may use certain Outreach Features.
6.6 Unreal’s Right to Act
Unreal may, without liability, immediately limit, pause, or suspend any Outreach Feature, campaign, telephone number, or account if Unreal reasonably believes that Customer’s outreach violates Law or the Agreement, has generated complaints, carrier blocking, or spam labeling, or exposes Unreal, its telecommunications carriers, or its other customers to legal or reputational risk. Unreal may also comply with carrier, messaging-industry, and regulator requirements, and may share information about Customer’s outreach with carriers, regulators, and law enforcement as required or permitted by Law.
6.7 Telecommunications Charges
Calling minutes, telephone numbers, carrier registration fees, and similar charges may be billed separately at the rates stated in the Order or on Unreal’s pricing page. Telephone numbers provided through the Services are assigned to Customer for use with the Services only and do not transfer to Customer on termination unless Unreal agrees otherwise in writing.
7. AI Features
7.1 AI Features
The Services include features that use artificial intelligence, including AI-assisted owner and contact enrichment, call summaries and transcripts, drafted emails and messages, reply classification, and lead prioritization (“AI Features”). Content generated by AI Features for Customer (“Output”) is generated automatically, may be inaccurate, incomplete, or inappropriate, and may be similar to output generated for others. Customer is responsible for reviewing Output before using, sending, or relying on it, and Output sent by Customer is Customer’s communication. As between the parties, and subject to Unreal’s rights in the Services and Unreal Data, Customer owns the Output it generates.
7.2 No Training on Customer Data
Unreal will not use Customer Data or Output to train, fine-tune, or improve any generalized or non-personalized artificial intelligence or machine learning model that is made available to anyone other than Customer. Unreal may use third-party model providers (“AI Subprocessors”) to operate AI Features, but only under terms that prohibit those providers from using Customer Data to train their models. Unreal may use Usage Data and de-identified, aggregated data that does not identify Customer or any individual to operate, secure, and improve the Services.
8. Acceptable Use
You will not, and will not permit anyone to: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or attempt to discover the source code, models, data structures, or matching logic of the Services, except to the extent this restriction is prohibited by Law; (c) scrape, crawl, or use bots or other automated means to access the Services or extract Unreal Data, other than through export and API features we provide; (d) circumvent any usage limit, access control, or security measure, or probe or test the vulnerability of the Services; (e) resell, sublicense, or provide the Services to any third party, or use the Services to operate a service bureau; (f) upload or transmit malware, or unlawful, infringing, defamatory, or harassing content; (g) upload any list or data that you do not have the right to use, or any protected health information, payment card data, Social Security numbers, or government identification numbers except in fields we designate for that purpose; (h) use the Services to build or benchmark a competing product; (i) impersonate any person or misrepresent your identity, licensure, or affiliation; or (j) use the Services in violation of Law or the rights of others.
9. Customer Data and Privacy
9.1 Ownership of Customer Data
As between the parties, Customer owns Customer Data. Customer grants Unreal a non-exclusive, worldwide, royalty-free license during the Subscription Term to host, copy, process, transmit, and display Customer Data as needed to provide, secure, and support the Services, to comply with Law, and as otherwise instructed by Customer. Unreal will not sell Customer Data or use it for advertising.
9.2 Data Processing Addendum
When Unreal processes personal information contained in Customer Data on Customer’s behalf, Unreal acts as Customer’s service provider or processor, and the DPA applies and is incorporated into these Terms.
9.3 Customer Responsibilities
You are responsible for the accuracy, quality, and legality of Customer Data and for having all rights, notices, and consents needed for Unreal to process it, including consents to record calls and to contact the people in your lists.
9.4 Security
Unreal maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, and will notify you without undue delay after becoming aware of a security incident that results in unauthorized access to your Customer Data, as described in the DPA.
9.5 Export and Deletion
During the Subscription Term, you may export Customer Data using the Services’ export features. For thirty (30) days after your subscription ends, you may request an export of Customer Data by contacting support. After that period, Unreal may delete Customer Data in accordance with its retention practices, except as required by Law, and except for copies in backups, which are deleted in the ordinary course.
9.6 Usage Data
Unreal may collect and use Usage Data to operate, secure, and improve the Services and for analytics, and may use data that has been de-identified and aggregated so that it does not identify Customer or any individual for any lawful purpose.
10. Third-Party Services and Integrations
10.1 Integrations
The Services may interoperate with third-party services you choose to connect, such as Google Workspace, Microsoft 365, email providers, calendars, and telephony carriers (“Third-Party Services”). Your use of a Third-Party Service is governed by its own terms, and Unreal is not responsible for Third-Party Services. By connecting a Third-Party Service, you authorize Unreal to access and exchange data with it as needed to provide the features you enable, and you may disconnect it at any time.
10.2 Connected Email Accounts
Customer’s Authorized Users may connect Google or Microsoft email, calendar, and contact accounts to the Services (“Connected Accounts”). For Connected Accounts:
(a) Authorization. Connected Accounts are connected only through the provider’s OAuth 2.0 authorization. Unreal never receives or stores mailbox passwords. Access is limited to the permissions the user approves, and Unreal rejects any permission outside its approved set.
(b) Token security. Unreal encrypts OAuth refresh tokens at rest using AES-256-GCM with a unique key for each user, each protected by a cloud provider’s key management service and bound to that user. Short-lived access tokens are held only in memory and never written to storage. Unreal keeps an audit record of every decryption of a stored token, and that record never contains the token.
(c) Disconnection. A user may disconnect a Connected Account at any time. When a user disconnects, Unreal sends a revocation request to the provider and deletes its copy of the token.
(d) Sending limits and delivery timing. Unreal may impose sending limits, throttling, rate limits, daily or hourly caps, warm-up schedules, and other reasonable restrictions on outbound email sent through the Services, including through a Google, Microsoft, or other Connected Account, and may queue messages or distribute their delivery over time rather than sending them simultaneously. Unreal may take these measures to maintain deliverability and sender reputation, protect the stability and security of the Services, and comply with applicable Law and the requirements, sending limits, and anti-abuse policies of email providers. Scheduled delivery times are estimates. These measures, and any resulting delay, deferral, or non-delivery (or any caused by an email provider’s actions), will not constitute a breach of the Agreement or entitle Customer to a refund or credit.
(e) Provider requirements. Customer is responsible for complying with the terms, sending limits, and bulk-sender requirements of its email providers, including sender authentication, unsubscribe, and complaint-rate requirements. Unreal may pause sending from a Connected Account that is approaching or exceeding a provider’s limits or that a provider has flagged for abuse.
10.3 How Unreal Handles Connected Account Content
(a) No mailbox storage. Unreal does not copy or store the contents of a Connected Account. Messages, calendar events, and contacts are read from the provider only when needed to display them to the user or to perform the functions described in this Section, and are not saved, except contacts a user chooses to import into the Services, which become Customer Data.
(b) Campaign and sequence email. For email sent through the Services as part of a campaign or sequence, Unreal retains delivery records only: recipient, message identifiers, delivery status, and open and click counts. Templates and attachments a user creates for campaigns and sequences are stored as Customer Data.
(c) Bounces and replies. To detect bounces and replies, Unreal reads the content of only provider bounce notices and replies to email sent through the Services. For each reply, Unreal keeps its identifier, time received, and classification, and never its subject or body.
(d) Reply classification. To classify a reply, Unreal sends an excerpt of the reply and its subject, with quoted history, email addresses, telephone numbers, and links masked, to an AI Subprocessor solely for that purpose, subject to the “No Training on Customer Data” Section.
(e) Scheduled email. Email a user schedules for later delivery is stored until it is sent or cancelled, at which point its body and attachments are deleted and its subject, recipients, and delivery status are kept. A message whose delivery fails is kept in full so the failure can be reviewed.
10.4 Google API Data
Unreal’s use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Unreal uses Google user data only to provide and improve user-facing features that are prominent in the Services, does not use it for advertising, does not sell it, does not allow humans to read it except with your affirmative consent for specific messages, for security purposes, to comply with Law, or where the data has been aggregated and anonymized for internal operations, and does not use it to train generalized artificial intelligence or machine learning models. Microsoft account data is handled under the same restrictions.
11. Plans, Fees, Billing, and Automatic Renewal
11.1 Plan Types
Unreal offers the following billing structures. The structure you select at checkout, or in a signed Subscription Agreement, is part of your Order.
| Plan Type | Term and Commitment | Payment | Refunds |
|---|---|---|---|
| Month-to-Month Plan | One-month billing periods; no long-term commitment | Monthly, in advance | Non-refundable, except for the 30-Day Money-Back Guarantee in Section 12.4 |
| Annual Prepaid Plan | Twelve (12) month Commitment Term | Full annual Fee in advance | Non-refundable |
| 12-Month Commitment Plan | Twelve (12) month Commitment Term | Twelve (12) monthly installments, in advance | Non-refundable; you owe all twelve (12) installments |
“Commitment Term” means, for an Annual Prepaid Plan or 12-Month Commitment Plan, the initial twelve (12) month term beginning on the subscription start date shown in your Order, and each twelve (12) month renewal term.
11.2 Fees and Payment Authorization
You agree to pay all Fees for your Plan, add-ons, and usage. By providing a payment method, you authorize Unreal and its payment processor to charge that payment method, without further authorization from you: (a) all subscription Fees when due, including each monthly installment of a 12-Month Commitment Plan and each renewal; (b) usage-based charges as incurred; and (c) any amount that becomes due under Section 12.6 or 12.10. This authorization continues until all amounts owed under your Order have been paid. If your payment method is replaced or updated (including through your card issuer’s account-updater service), this authorization applies to the updated payment method. Subscription Fees are billed in advance. You will receive a receipt by email for every charge.
11.3 Automatic Renewal
YOUR SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL:
(a) MONTH-TO-MONTH PLAN: RENEWS AT THE END OF EACH MONTHLY BILLING PERIOD FOR ANOTHER MONTH, AND WE WILL CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT MONTHLY FEE, UNTIL YOU CANCEL.
(b) ANNUAL PREPAID PLAN AND 12-MONTH COMMITMENT PLAN: RENEW AT THE END OF EACH COMMITMENT TERM FOR A NEW TWELVE (12) MONTH COMMITMENT TERM ON THE SAME PLAN TYPE, AND WE WILL CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT FEES (IN FULL FOR AN ANNUAL PREPAID PLAN, OR IN MONTHLY INSTALLMENTS FOR A 12-MONTH COMMITMENT PLAN), UNLESS YOU CANCEL AT LEAST THIRTY (30) DAYS BEFORE THE END OF THE THEN-CURRENT COMMITMENT TERM (THE “CANCELLATION DEADLINE”).
After purchase, we will send you an email acknowledgment describing your Plan type, price, Commitment Term (if any), automatic renewal terms, Cancellation Deadline, and how to cancel. For Annual Prepaid Plans and 12-Month Commitment Plans, we will send you a renewal reminder by email forty-five (45) days before the end of each Commitment Term, stating the renewal date, the renewal price, and the Cancellation Deadline.
11.4 Price Changes
We may change prices for future terms. For a Month-to-Month Plan, we will notify you by email of any price increase at least seven (7) days before it takes effect. For an Annual Prepaid Plan or 12-Month Commitment Plan, prices are fixed for the current Commitment Term, and any increase for a renewal term will be stated in your renewal reminder. You may cancel before an increase applies to you. We may, in our discretion, renew you at your existing pricing (including by describing your pricing as “grandfathered”), but that is our pricing practice at the time only and does not limit our or our successors’ right to change prices for any future term.
11.5 Free Trials and Promotions
If you start a free trial or promotional period, the offer terms presented at signup will state whether, when, at what price, and on which Plan type it converts to a paid subscription. Unless you cancel before the trial ends, your paid subscription will begin and your payment method will be charged at the end of the trial. For any trial longer than thirty-one (31) days, we will remind you at least three (3) and no more than twenty-one (21) days before it ends. Free trials are limited to one per person and business.
11.6 Failed Payments
If a charge fails, we may retry the charge and ask you to update your payment method. If payment is not received within seven (7) days after we notify you, we may suspend the Services until payment is received. Suspension for non-payment does not reduce the Fees you owe.
11.7 Taxes
Fees do not include sales, use, value-added, or similar taxes. You are responsible for all such taxes associated with your purchases (other than taxes on Unreal’s net income), and we will charge tax where we are required to collect it.
12. Refund and Cancellation Policy
12.1 All Payments Are Non-Refundable
EXCEPT AS EXPRESSLY STATED IN SECTION 12.7 AND, FOR MONTH-TO-MONTH PLANS ONLY, SECTION 12.4, ALL FEES ARE NON-REFUNDABLE ONCE CHARGED, AND WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIAL BILLING PERIODS, UNUSED TIME, UNUSED SEATS OR USAGE ALLOTMENTS, DOWNGRADES, NON-USE OF THE SERVICES, OR DISSATISFACTION WITH RESULTS. Your access to the Services, including our property and contact data, begins immediately upon purchase, and you acknowledge that this is why Fees are non-refundable.
12.2 How to Cancel
You may cancel automatic renewal at any time, online, by going to Settings > Billing > Cancel Subscription in the Services, or by emailing support@unrealcrm.com from the email address on your account. You do not need to call us to cancel. We will confirm your cancellation by email, and that confirmation will state the date your access ends and whether any amounts remain owed. If we offer you an incentive to stay, you may decline it and complete your cancellation in the same session.
12.3 Month-to-Month Plans
You may cancel a Month-to-Month Plan at any time. Cancellation takes effect at the end of your current monthly billing period; you will keep access until then and will not be charged again. Amounts already paid are non-refundable, except as provided in Section 12.4.
12.4 30-Day Money-Back Guarantee (Month-to-Month Plans Only)
If you are a new Customer subscribing to a Month-to-Month Plan for the first time, you may cancel and request a refund of your first monthly subscription Fee by using the in-app cancellation flow or contacting support@unrealcrm.com within thirty (30) days after your first paid charge (the “Guarantee Period”). This guarantee does not apply to Annual Prepaid Plans, 12-Month Commitment Plans, renewals, reactivations, upgrades, or plan changes, and is subject to these conditions:
(a) One per Customer. The guarantee is available once per person and per business, including accounts of the same brokerage, team, household, or payment method.
(b) What is covered. The guarantee covers the subscription Fee for your first billing period only, not usage-based charges, add-on credit packs, telephone numbers, onboarding or professional services, or third-party charges.
(c) Usage limit. You are not eligible for a refund under this guarantee if, before you request it, you have used more than fifty percent (50%) of the AI enrichment credits included in your first billing period, or exported more than 1,500 property or contact records, or both.
(d) Exclusions. The guarantee is not available if we suspended or terminated your account for violating the Agreement.
(e) Effect. When we issue a guarantee refund, your subscription ends immediately, and your license to any Unreal Data exported under it ends; you must delete that data within ten (10) days.
12.5 Annual Prepaid Plans
The annual Fee for each Commitment Term is due in full at the start of that Commitment Term and is non-refundable. Cancelling an Annual Prepaid Plan turns off automatic renewal only: your Plan remains active through the end of the paid Commitment Term, and no portion of the annual Fee will be refunded. To prevent renewal for a further twelve (12) month Commitment Term, you must cancel before the Cancellation Deadline. A cancellation received after the Cancellation Deadline takes effect at the end of the renewed Commitment Term.
12.6 12-Month Commitment Plans
(a) Full-term commitment. When you select a 12-Month Commitment Plan, you agree to purchase the Services for the entire twelve (12) month Commitment Term and to pay the total Fees for that Commitment Term (the “Commitment Amount”). Monthly billing is an installment payment accommodation for the Commitment Amount, not a month-to-month subscription, and it does not give you a right to end your payment obligation early.
(b) Cancellation. Cancelling a 12-Month Commitment Plan turns off automatic renewal only. It does not end the current Commitment Term or your obligation to pay the remaining installments, which will continue to be charged monthly as scheduled. To prevent renewal for a further Commitment Term, you must cancel before the Cancellation Deadline.
(c) Acceleration upon default. If (i) any installment remains unpaid for fifteen (15) days after its due date and after we notify you by email, (ii) you initiate a chargeback or payment dispute for an installment that was authorized under the Agreement, (iii) you remove or disable your payment method with the intent of stopping installments, or (iv) we terminate your subscription for your uncured breach, then the entire unpaid balance of the Commitment Amount for the current Commitment Term (the “Remaining Balance”) becomes immediately due and payable without further notice, and you authorize us to charge the Remaining Balance to your payment method on file, in one or more charges. We may instead, at our option, continue charging the remaining installments as scheduled.
(d) Nature of the Remaining Balance. The Remaining Balance is the purchase price you agreed to pay for the full Commitment Term, and not a penalty. Because the Services are made available to you for the full Commitment Term and our costs of providing them do not meaningfully decrease if you stop using them, you agree that the Remaining Balance is a reasonable measure of Unreal’s loss if you fail to pay.
(e) Collection. Past-due amounts accrue interest at the lesser of one percent (1.0%) per month and the maximum rate permitted by Law. You agree to reimburse Unreal’s reasonable costs of collecting past-due amounts, including collection agency fees, reasonable attorneys’ fees, and court or arbitration costs. We may suspend your access to the Services while any amount is past due, and suspension does not reduce the Remaining Balance.
12.7 Exceptions
We will refund: (a) any duplicate or erroneous charge; (b) prepaid Fees for the unused portion of your term, prorated from the effective date, if we terminate your subscription for convenience, discontinue the Services, or make a voluntary change that entitles you to a refund under Section 4.2 and you cancel as described there; (c) prepaid Fees for the unused portion of your term, and release you from any Remaining Balance, if you terminate because of our material breach that we fail to cure within thirty (30) days after your written notice; and (d) any amount we are required to refund by Law.
12.8 Downgrades and Changes
You may reduce seats or downgrade a Month-to-Month Plan effective at the start of your next billing period. Seats and Plan level for an Annual Prepaid Plan or 12-Month Commitment Plan may be reduced only effective at the start of a renewal term, by notice before the Cancellation Deadline. Upgrades and added seats take effect immediately and are charged on a prorated basis for the remainder of the current billing period or Commitment Term.
12.9 How Refunds Are Issued
Approved refunds are issued to the original payment method within ten (10) business days after approval, including a proportional refund of any taxes collected.
12.10 Billing Disputes and Chargebacks
(a) Contact us first. If you believe a charge is incorrect, you agree to contact support@unrealcrm.com and give us at least ten (10) business days to investigate and resolve it before initiating a chargeback or payment dispute with your bank or card issuer. Most billing questions can be resolved quickly this way.
(b) Authorized charges. You acknowledge that charges made in accordance with your Order and the Agreement, including renewal charges when you did not cancel before the Cancellation Deadline and installments of a 12-Month Commitment Plan after cancellation of automatic renewal, are authorized charges and are not billing errors, unrecognized charges, or fraudulent transactions.
(c) Evidence. If you dispute a charge, you authorize Unreal to provide your payment processor, card issuer, and card network with information reasonably necessary to respond to the dispute, including your Order, these Terms and any Subscription Agreement, records of your acceptance (including time stamps, IP address, and the version accepted), receipts, renewal reminders, cancellation records, account login and usage records, data export records, and communications with you.
(d) Consequences. Initiating a chargeback or dispute for an authorized charge is a breach of the Agreement. In that event, we may suspend your account, the Remaining Balance for any 12-Month Commitment Plan becomes due under Section 12.6, and you agree to reimburse the chargeback and dispute fees we incur. If a dispute is resolved in your favor by your card issuer, that resolution does not relieve you of amounts owed under the Agreement.
12.11 Record of Your Acceptance
You agree that the electronic records we keep of your Plan selection, acceptance of these Terms and any Subscription Agreement, receipts, reminders, and cancellation activity are accurate and may be used as evidence of your agreement and authorization, and that your electronic acceptance has the same effect as a handwritten signature.
13. Suspension and Termination
13.1 Suspension
We may suspend your access to all or part of the Services if (a) you fail to pay Fees when due, (b) we reasonably believe your use violates the Agreement or Law or threatens the security, integrity, or availability of the Services or our data sources, or (c) suspension is required by Law, a court, a regulator, or a telecommunications carrier. Where practicable, we will give notice and limit the suspension to what is reasonably necessary, and we will restore access once the issue is resolved.
13.2 Termination
You may cancel automatic renewal as described in Section 12, and may terminate for our uncured material breach as described in Section 12.7. We may terminate your subscription (a) for your material breach that is not cured within ten (10) days after notice, or immediately for a breach of the “Unreal Data,” “Outreach Compliance,” “AI Features,” or “Acceptable Use” Sections that we reasonably determine cannot be cured; or (b) for convenience on thirty (30) days’ notice, in which case we will refund prepaid Fees for the unused portion of your Subscription Term.
13.3 Effect of Termination
When your subscription ends, your right to access the Services ends, and Sections 5.1 (as to exported Unreal Data), 5.3, 5.4, 5.5, 6.4(h), 11, 12, and Sections 14 through 21 survive, together with any payment obligations accrued before termination. Your continued use of Unreal Data exported before termination remains subject to the Agreement.
14. Intellectual Property and Feedback
14.1 Unreal’s Rights
Unreal and its licensors own all right, title, and interest in the Services, Unreal Data, documentation, and all related intellectual property. No rights are granted except as expressly stated in the Agreement.
14.2 Feedback
If you provide suggestions or feedback, Unreal may use them without restriction or compensation to you, provided that feedback does not include your Customer Data.
14.3 Publicity
Unreal may identify you as a customer by name and logo in its marketing materials unless you ask us not to by emailing support@unrealcrm.com. We will not publish testimonials or case studies about you without your consent.
15. Confidentiality
Each party will protect the other’s non-public information that is marked or reasonably understood to be confidential, including the Services’ non-public features and pricing and Customer Data, using at least reasonable care, and will use it only to perform under the Agreement. This obligation does not apply to information that is or becomes public through no fault of the recipient, was already known to or is independently developed by the recipient, or is rightfully received from a third party without restriction. A party may disclose confidential information when required by Law, after giving the other party reasonable notice where legally permitted.
16. Warranties and Disclaimers
16.1 Limited Warranty
Unreal warrants that the Services will perform materially in accordance with their published descriptions during the Subscription Term. If they do not, and you notify us within thirty (30) days, we will use commercially reasonable efforts to correct the nonconformity, and if we cannot do so within a reasonable time, you may cancel and receive a refund of prepaid Fees for the unused portion of your Subscription Term. This is your exclusive remedy for breach of this warranty. An Excluded Change described in Section 4.2 is not a breach of this warranty.
16.2 Disclaimer
EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICES, UNREAL DATA, AI FEATURES, OUTPUT, AND COMPLIANCE TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNREAL AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS. UNREAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UNREAL DATA IS ACCURATE OR CURRENT, THAT ANY CONTACT INFORMATION BELONGS TO THE PERSON IDENTIFIED OR MAY LAWFULLY BE CONTACTED, OR THAT USE OF THE SERVICES WILL RESULT IN ANY LEAD, LISTING, TRANSACTION, OR REVENUE. UNREAL DOES NOT PROVIDE LEGAL, TAX, APPRAISAL, OR INVESTMENT ADVICE.
17. Limitation of Liability
17.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATING TO THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID AND PAYABLE BY CUSTOMER TO UNREAL IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
17.3 Exceptions
The limitations in this Section 17 do not apply to: (a) Customer’s payment obligations; (b) Customer’s obligations under Section 18; (c) Customer’s breach of the “Unreal Data,” “Outreach Compliance,” “AI Features,” or “Acceptable Use” Sections; (d) a party’s fraud, gross negligence, or willful misconduct; or (e) liability that cannot be limited under Law.
18. Indemnification
18.1 By Customer
Customer will defend Unreal and its affiliates, officers, directors, employees, and agents against any third-party claim, demand, investigation, or proceeding (including by a regulator, carrier, or class of plaintiffs), and will indemnify them for resulting damages, fines, penalties, settlements, and reasonable attorneys’ fees, to the extent arising out of or relating to: (a) any call, voicemail, message, or email made or sent by or for Customer through the Services, including any alleged violation of the TCPA, the Telemarketing Sales Rule, do-not-call rules, CAN-SPAM, or call-recording laws; (b) Customer Data; (c) Customer’s use of Unreal Data or Output; or (d) Customer’s breach of the Agreement or violation of Law.
18.2 By Unreal
Unreal will defend Customer against any third-party claim alleging that the Services, as provided by Unreal and used in accordance with the Agreement, infringe a U.S. patent, copyright, or trademark or misappropriate a trade secret, and will indemnify Customer for resulting damages and costs finally awarded or agreed in settlement. This obligation does not apply to claims arising from Unreal Data, Customer Data, Output, Third-Party Services, combinations with items not provided by Unreal, or modifications not made by Unreal. If the Services are, or are likely to be, subject to such a claim, Unreal may procure the right for Customer to continue using them, modify them to be non-infringing, or terminate the affected Services and refund prepaid Fees for the unused portion of the Subscription Term. This Section states Unreal’s entire liability for infringement claims.
18.3 Procedure
The party seeking defense will give prompt written notice of the claim, reasonable cooperation at the defending party’s expense, and sole control of the defense and settlement, except that no settlement may impose any non-monetary obligation or admission on the indemnified party without its consent.
19. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.
19.1 Informal Resolution First
Before starting an arbitration or small claims case, the party raising a dispute must send the other a written notice describing the dispute and the relief requested (to Unreal at legal@unrealcrm.com and 5703 Oberlin Drive, Suite 203, San Diego, California 92121; to you at your account email). The parties will attempt in good faith to resolve the dispute informally, including by an individual videoconference if either party requests one, for sixty (60) days after the notice is received. Statutes of limitations are tolled during this period. This informal resolution requirement does not apply to actions by Unreal to collect unpaid Fees.
19.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to the Agreement or the Services, including the formation, scope, or enforceability of this Section (a “Dispute”), will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (for Disputes of $250,000 or less) or Comprehensive Arbitration Rules (for all others), before a single arbitrator. The arbitration will take place by videoconference unless the arbitrator determines an in-person hearing is necessary, in which case it will take place in the county of Customer’s principal place of business or another location the parties agree. The Federal Arbitration Act governs this Section. Fees will be allocated as provided in the applicable JAMS rules, except that Unreal will pay any fees that JAMS or applicable Law requires a business to pay. Judgment on the award may be entered in any court of competent jurisdiction.
19.3 Exceptions
Either party may bring an individual claim in small claims court if it qualifies; Unreal may bring an action to collect unpaid Fees (including any Remaining Balance) in small claims court or any court of competent jurisdiction; and either party may seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or data, or to stop unauthorized use of the Services.
19.4 Class Action and Jury Trial Waiver
YOU AND UNREAL EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator may award relief only to the individual party seeking it and only to the extent needed to resolve that party’s individual claim. If a court finally determines that this waiver is unenforceable as to a particular claim or remedy (such as public injunctive relief), that claim or remedy will be severed and decided by a court described in Section 19.7, after the arbitration of all other claims, and the remainder of this Section will remain in effect.
19.5 Mass Arbitration
If twenty-five (25) or more substantially similar demands are filed against Unreal by or with the assistance of the same law firm or coordinated group of firms, the demands will be administered in batches of no more than twenty-five (25), with one arbitrator and one set of fees per batch, and the parties will cooperate in good faith with JAMS to implement this process. Statutes of limitations are tolled for demands awaiting a batch.
19.6 Right to Opt Out
You may opt out of this arbitration agreement by sending written notice to legal@unrealcrm.com within thirty (30) days after you first accept these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of the Agreement.
19.7 Governing Law and Venue
The Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and the Federal Arbitration Act governs this Section 19. Subject to this Section, any action permitted to proceed in court will be brought exclusively in the state or federal courts located in New Castle County, Delaware (except that small claims actions and actions to collect unpaid Fees may also be brought where Customer is located), and each party consents to their jurisdiction. Nothing in this Section deprives Customer of the protection of any law of its home jurisdiction that cannot be waived by contract.
20. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will notify you by email or in the Services at least thirty (30) days before the change takes effect, and may ask you to accept the updated Terms. Changes will not apply retroactively or to a Dispute of which we had notice before the change. If you do not agree to a change, you may cancel before it takes effect, and if a material change adversely affects you and you cancel as a result within that period, we will refund prepaid Fees for the unused portion of your Subscription Term. If we make a material change to Section 19, you may reject it by notice to legal@unrealcrm.com within thirty (30) days, in which case the prior version will continue to apply to you.
21. General
21.1 Notices and Electronic Communications
We may send notices to the email address on your account or through the Services, and those notices are effective when sent. You consent to receive communications from us electronically and agree that electronic communications satisfy any requirement that they be in writing. Legal notices to Unreal must be sent to legal@unrealcrm.com with a copy to the address in Section 22.
21.2 Assignment
You may not assign the Agreement without our prior written consent, except to a successor to all or substantially all of your business that assumes the Agreement in writing. We may assign the Agreement to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
21.3 Force Majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of hosting, telecommunications, or data-source providers, but this does not excuse payment obligations.
21.4 Entire Agreement; Order of Precedence
The Agreement is the entire agreement between the parties about the Services and supersedes all prior agreements on that subject. If there is a conflict, the following order applies: (a) the DPA (as to personal information); (b) an Order (as to its commercial terms); and (c) these Terms. Terms in any purchase order or other Customer document do not apply.
21.5 Other Terms
The parties are independent contractors. There are no third-party beneficiaries. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest of the Agreement will remain in effect. A waiver must be in writing. Headings are for convenience only, and “including” means “including without limitation.” You will comply with all applicable export control and sanctions Laws.
22. Contact Us
Unreal CRM Inc.
5703 Oberlin Drive, Suite 203, San Diego, California 92121
Support: support@unrealcrm.com | Legal notices: legal@unrealcrm.com
Acceptance
By checking the box or clicking “I Agree,” you confirm that you have read and agree to these Terms, including the automatic renewal terms in Section 11.3, the Refund and Cancellation Policy in Section 12, the “Outreach Compliance” Section, and the arbitration agreement and class action waiver in Section 19, and that you are accepting them for business purposes and with authority to bind the Customer.