Thank you for choosing Airestate, a leading SaaS platform designed to empower real estate professionals by delivering high-quality, fully managed websites. Airestate’s Success Team handles all aspects of your website’s setup, management, and updates through our innovative platform, so you can focus on your business while we take care of the technology.
These Terms of Service (“Terms”) govern your access to and use of Airestate’s services (collectively, the “Platform”). By engaging Airestate’s services, accessing or using the Platform (including requesting services via the Success Team), you confirm your acceptance of these Terms and any additional agreements, policies, or guidelines incorporated herein by reference. Please review them carefully, and if you have any questions, contact us at team@airestate.io.
If you have executed a separate agreement or order form (the “Order Form”) with Airestate, that agreement will take precedence over these Terms in case of a conflict.
The governing jurisdiction for any legal disputes arising under these Terms is the state of Delaware, USA.
1.2 Managed Service Model
Unlike traditional platforms, Airestate clients do not require direct access to the platform. Instead, our dedicated Airestate Success Team manages your website on your behalf, including:
* Designing and maintaining your website.
* Managing property listings and content updates.
* Integrating tools like MLS and IDX for enhanced functionality.
1.3 Who is Who
In these Terms:
* “Airestate”, “we,” “our,” or “us” refers to MYHELLO LLC, a Delaware corporation, including any affiliates and subsidiaries.
* “You” or “Client” refers to the individual or entity using Airestate’s services.
* “End Users” refers to individuals interacting with websites powered by Airestate on your behalf.
2. Access and Use of the Platform
2.1 Eligibility and Access
Eligibility requires you to be at least 18 years old and able to form a legally binding contract. Airestate provides a managed website service for real estate professionals. While clients (“You” or “Client”) do not have direct access to the Airestate platform, Airestate’s Success Team will configure, manage, and maintain your website on your behalf using the Platform. This includes but is not limited to:
* Creating and updating property listings.
* Implementing design or functionality updates.
* Integrating third-party services (e.g., IDX, MLS).
Your use of Airestate’s services constitutes agreement to these Terms.
2.2 Service Scope
Airestate Success Team’s role includes:
1. Customizing Your Website: Setting up and maintaining your website based on the agreed package and features.
2. Platform Updates: Ensuring your website benefits from the latest features and improvements available on the Airestate platform.
3. Support Services: Providing assistance for changes, questions, or additional service requests.
However, Airestate retains discretion over how the Platform is managed and reserves the right to determine its functionality and limitations. Services may change, be suspended, or terminated without notice or liability.
2.3 Ownership of Website Content
You retain ownership of all materials you provide for your website, including images, text, and other proprietary information (“Client Content”). By providing this content, you grant Airestate a non-exclusive, royalty-free license to use, modify, and display the content solely for the purpose of delivering and managing the services.
2.4 Disclaimer of Direct Access
Airestate clients do not have direct access to the platform. All changes and updates must be requested through Airestate’s Success Team. Unauthorized access to the Platform is strictly prohibited.
2.5 Acceptable Use
You agree to use the Platform in compliance with these Terms and applicable laws. Prohibited activities include, but are not limited to:
- Engaging in illegal, fraudulent, or harmful activities, including hosting or transmitting content that violates laws (e.g., real estate advertising standards, fair housing regulations).
- Distributing spam, unsolicited communications, malware, viruses, or any code designed to interfere with the Platform or third-party systems.
- Infringing on intellectual property rights, including unauthorized use of copyrights, trademarks, or trade secrets.
- Overloading, abusing, or disrupting the Platform, such as excessive API calls, resource-intensive operations, or attempts to bypass limitations (e.g., bandwidth caps at 100GB/month).
- Uploading offensive, defamatory, obscene, or discriminatory content.
- Impersonating others, misrepresenting affiliations, or engaging in deceptive practices.
- Harvesting data from End Users without consent or in violation of privacy laws (e.g., CCPA).
- Using the Platform for high-risk activities like gambling, adult content, or weapons sales.
Airestate may monitor usage to enforce this policy. Violations may result in suspension, termination, content removal, or legal action, at our discretion. We reserve the right to report violations to authorities.
3. Responsibilities
3.1 Client Responsibilities
To ensure Airestate can provide the best service, you agree to:
1. Provide Accurate and Timely Information:
* Submit necessary business details, property listings, images, and other relevant materials required for your website.
* Ensure all content provided is accurate, lawful, and free of third-party infringements.
* You warrant that you have all necessary rights to Client Content and that its use complies with applicable laws.
2. Cooperate with Airestate:
* Respond promptly to requests for feedback or approval of website updates, changes, or design modifications.
3. Adhere to Legal Compliance:
* Ensure that all content, property listings, and other materials comply with applicable laws, including real estate advertising standards and data protection regulations (e.g., CCPA).
* Clients must ensure they have appropriate rights to any MLS data they share with Airestate.
3.2 Airestate Responsibilities
As part of our commitment to providing high-quality service, Airestate Success Team will:
1. Manage and Maintain Your Website:
* Handle website design, development, and ongoing management based on your selected service plan.
2. Implement Requested Updates:
* Respond to and execute your approved requests for content updates, feature additions, or design adjustments.
3. Ensure Platform Stability:
* Continuously maintain and improve the Airestate platform to provide reliable, high-performance service.
* We implement industry-standard security measures to protect Client Content, including encryption and access controls, and recommend enabling two-factor authentication (2FA) where applicable.
3.3 Content Ownership
Your content:
* You retain ownership of all content, data, and materials you provide for your website.
* By submitting content, you grant Airestate a limited, non-exclusive, royalty-free license to use, edit, and host it solely for the purposes of building and managing your website.
Legal Rights: Clients must ensure they have the legal rights and licenses required for any third-party services or data they request Airestate to integrate, such as MLS or IDX.
Disclaimer: Airestate is not liable for any disruptions or issues arising from third-party services or integrations requested by the client, or for data loss; maintain your own backups.
3.4 Client Indemnification
You agree to indemnify, defend, and hold harmless Airestate, its affiliates, and employees from any claims, damages, or liabilities arising from:
1. Client Content: Content provided by you that infringes third-party rights or violates laws.
2. Unauthorized Use: Any misuse of the platform by you or your representatives.
3. Breach of Terms: Your failure to comply with these Terms or applicable laws.
3.5 Unauthorized Access
Clients do not have direct access to the Airestate platform. Any attempt to gain unauthorized access will be considered a breach of these Terms and may result in the termination of services.
4. Payment Terms
4.1 Fees and Billing
Airestate services are offered on a subscription basis starting at $188 per month for the base plan, which includes personalized design setup, all features unlocked, connection to your MLS (sync up to 5,000 properties), connection to your domain (registration not included), 100GB monthly bandwidth, email & phone support 24/7, and cancel anytime. Additional fees may apply depending on your MLS; contact our team to learn more.
Setup Fee: Airestate charges a one-time, non-refundable setup fee to configure and launch your website. This fee will be billed upon signing up for Airestate services and is separate from your subscription fees.
Subscription Fees: You agree to pay all applicable fees for your selected plan, as detailed during the subscription process. Subscriptions auto-renew unless canceled.
Add-Ons and Custom Development: Clients may request add-ons or custom features beyond the scope of their chosen subscription plan, such as over-the-top design ($1,999 - $4,999 one-time fee), additional MLS connection (+$88/month per MLS), or extra listing sync and bandwidth (contact our team for pricing). Custom work will incur additional fees as agreed in writing between Airestate and the client before development begins.
Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan, with payments automated via a Payment Method using Stripe (bound by Stripe’s Services Agreement at https://stripe.com/us/legal).
Payment Method: You must provide accurate and up-to-date billing information, including a valid payment method. Airestate will charge your payment method automatically at the start of each billing cycle.
4.2 Taxes
All fees are exclusive of applicable taxes, including sales, use, or other transaction taxes. You are responsible for paying any taxes associated with your use of Airestate services unless you provide a valid tax exemption certificate.
4.3 Late Payments
If payment cannot be processed or is not received by the due date:
* Airestate reserves the right to suspend or terminate your services.
* Late payments may incur a service charge of 1.5% per month (or the maximum rate permitted by law) on the outstanding balance.
4.4 Refund Policy
All fees, including the setup fee and subscription fees, are non-refundable. No refunds will be provided for partial months or unused services within an active subscription period.
4.5 Cancellation Policy
You may cancel your subscription at any time by contacting Airestate. Cancellation will take effect at the end of your current billing period, and no further charges will be incurred.
4.6 Plan Changes
If you choose to upgrade or downgrade your subscription plan:
* Upgrades: The new subscription fee will be prorated based on the remaining billing cycle.
* Downgrades: The change will take effect at the start of the next billing cycle.
4.7 Fee Changes
Airestate is committed to providing transparent and stable pricing to its clients. While we strive to avoid significant changes to our fees, certain factors—such as increases in costs for servers, infrastructure, or external API integrations—may necessitate adjustments.
In such cases, Airestate reserves the right to adapt subscription fees or other charges. You will be notified at least 30 days in advance of any changes to allow you to evaluate your continued use of the services. Your continued use of Airestate services after the fee adjustment takes effect will constitute your acceptance of the new rates.
5. Service Level and Support
5.1 Platform Availability
Airestate aims to provide reliable and uninterrupted access to your website, with Uptime equal to at least 99.9% of the total time in each calendar month, as measured by Airestate (excluding scheduled maintenance, force majeure events, or client-caused issues). However, due to the nature of digital services, Airestate does not guarantee 100% uptime. Scheduled maintenance, technical updates, or unexpected disruptions may occasionally affect availability. Airestate will make reasonable efforts to:
* Notify you in advance of planned maintenance that could impact your website (at least 24 hours notice for non-emergency).
* Minimize downtime and promptly resolve service interruptions.
* Offer prorated credits for downtime exceeding the 99.9% threshold, calculated as a percentage of your monthly subscription fee (e.g., 5% credit for each 0.1% below 99.9%, capped at 100%).
Credits are applied to future invoices upon request and are your sole remedy for downtime.
5.2 Beta Features
Airestate may introduce experimental beta features for clients, such as AgentOS. Beta features are provided “as-is,” may not be fully supported, and may be discontinued at Airestate’s discretion.
5.3 Support Services
Support Channels:
Airestate Success Team is available to assist you with service-related inquiries and updates. Support can be accessed through email at team@airestate.io or phone 24/7.
Scope of Support:
* Website content updates and modifications.
* Troubleshooting issues with functionality or performance.
* Guidance on integrations, features, and general platform use.
Response Times:
Airestate strives to respond to support requests within one (1) business day. Resolution times may vary depending on the complexity of the issue (e.g., critical issues resolved within 4 hours, standard within 48 hours).
5.4 Limitation of Service Responsibility
While Airestate provides a managed service, certain factors may fall outside its control, including but not limited to:
* Issues caused by third-party integrations (e.g., MLS, IDX, or external APIs).
* Content errors or inaccuracies provided by the client.
* Internet connectivity or local technical issues on the client’s end.
Airestate will make reasonable efforts to assist in resolving such issues but assumes no liability for delays or disruptions caused by these external factors.
5.5 Force Majeure
Airestate is not liable for delays or failures in service caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, government actions, or failures of third-party services. In such cases, Airestate will make every reasonable effort to resume service as quickly as possible.
5.6 Continuity Commitment
Airestate is committed to ensuring the stability and longevity of its services. In the unlikely event of a significant disruption—such as bankruptcy, cessation of feature development, or an extended interruption of service—Airestate guarantees the following:
Three-Year Maintenance Plan:
Airestate will implement a three-year maintenance plan to:
* Ensure continued operation of all existing client websites.
* Maintain the underlying infrastructure, including servers, integrations, and essential APIs.
* Provide regular updates to meet evolving security and compliance standards.
Revised Maintenance Costs:
* During this maintenance period, the subscription fees may be revised to reflect the costs of maintaining infrastructure and services without the introduction of new features.
* Any fee adjustments will be communicated at least 60 days in advance, allowing clients to assess their options.
Service Continuity:
* Airestate will take all reasonable steps to minimize disruptions during the transition to a maintenance-only model.
* Clients will retain access to the benefits of a reliable and secure platform throughout the maintenance period.
6. Intellectual Property and Ownership
6.1 Client Content Ownership
1. Ownership of Client Content:
* You retain all rights, title, and ownership of the content you provide to Airestate for your website, including but not limited to text, images, property listings, and other materials (“Client Content”).
* By providing Client Content, you grant Airestate a non-exclusive, royalty-free license to use, modify, and display the content solely for the purpose of delivering and managing the services.
2. Responsibility for Content:
* You are responsible for ensuring that your content complies with applicable laws, does not infringe on third-party intellectual property rights, and is suitable for public display.
6.2 Airestate Platform Ownership
Platform Rights:
* All rights, title, and interest in the Airestate platform, including but not limited to software, design templates, proprietary technology, algorithms, trademarks, and branding (collectively, “Platform IP”), remain the exclusive property of Airestate or its licensors.
* These Terms do not grant you ownership of any part of the Platform IP.
Restrictions:
* You agree not to copy, reverse-engineer, distribute, or create derivative works of the Platform IP without Airestate’s prior written consent.
6.3 Use of Marks and Promotion
Use of Client Marks:
* You grant Airestate a non-exclusive, royalty-free license to display your trade name, trademarks, and logos (“Marks”) for the purpose of showcasing your website in marketing and promotional materials.
* You may revoke this permission at any time by notifying Airestate in writing.
Promotion of Airestate:
* Airestate reserves the right to promote its platform using anonymized examples of websites it has created. This excludes any client-specific confidential information or materials.
6.4 Feedback and Suggestions
If you provide Airestate with feedback, suggestions, or ideas for improving the Platform or its services, you agree that:
• Feedback is non-confidential; Airestate may use it without restriction or obligation to you.
• We own any derivatives or improvements made as a result without compensation.
7. Limitation of Liability and Disclaimers
7.1 Disclaimer of Warranties
Airestate provides its platform and services on an “as-is” and “as-available” basis. To the fullest extent permitted by law:
No Guarantees: Airestate makes no representations or warranties regarding the availability, reliability, or suitability of its platform for any specific purpose.
Third-Party Dependencies: Airestate is not responsible for issues arising from third-party integrations, such as MLS, IDX, or external APIs, nor does it warrant uninterrupted service due to dependencies on external systems.
Content Accuracy: Airestate does not guarantee the accuracy or legality of client-provided content displayed on the website, including merchantability, fitness for purpose, or non-infringement.
7.2 Limitation of Liability
To the maximum extent permitted by applicable law:
Indirect Damages: Airestate shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or data, even if advised of the possibility of such damages.
Direct Damages: Airestate’s total liability for any claim related to the use of its platform or services is limited to the total amount paid by you to Airestate in the twelve (12) months preceding the claim.
Excluded Claims: This limitation does not apply to claims for fraud, gross negligence, or intentional misconduct, or your indemnity obligations.
7.3 External Factors
Airestate is not liable for service interruptions or delays caused by:
* Internet connectivity issues or failures outside its control.
* Acts of God, natural disasters, cyberattacks, or other force majeure events.
* Client errors or delays in providing required materials.
7.4 Compliance with Laws
Clients are responsible for ensuring that data collection and usage on their websites comply with applicable laws (e.g., CCPA).
7.5 MLS Data Responsibility
Clients must ensure they have appropriate rights to any MLS data they share with Airestate.
7.6 Indemnification
See Section 3.4 for client indemnification obligations.
7.7 Service Interruptions
In the event of a prolonged service interruption due to factors within Airestate’s control, Airestate will:
1. Make reasonable efforts to restore service promptly.
2. Offer prorated credits for downtime exceeding 99.9% uptime.
8. Termination and Suspension
8.1 Termination by Client
Voluntary Termination:
You may terminate your subscription at any time by providing written notice to Airestate. Termination will take effect at the end of your current billing cycle, with no refunds unless required by law.
Effect of Termination:
Upon termination, all services will cease, and your website will be taken offline. You are responsible for downloading or transferring any content or data you wish to retain prior to the termination date. Upon request within 30 days, we'll provide Client Content in a standard format (e.g., CSV for listings) at no extra cost, subject to fees for custom exports.
8.2 Termination or Suspension by Airestate
Airestate may suspend or terminate your subscription with prior notice in the following cases:
Non-Payment:
If you fail to pay subscription or other fees when due, Airestate reserves the right to suspend or terminate services until payment is received.
Violation of Terms:
If you breach these Terms or applicable laws, including providing unlawful or infringing content or misuse of services.
Force Majeure:
If unforeseen circumstances, such as acts of God, natural disasters, or legal requirements, make continued service provision impracticable.
Business Discontinuation:
If Airestate ceases operations or discontinues its platform. In such a case, the Continuity Commitment outlined in Section 5.6 will apply.
8.3 Effects of Termination
Upon termination, regardless of the reason:
Access to Services:
Your access to the Airestate platform and related services will immediately cease.
Data and Content:
Airestate will retain your website and data for a period of 30 days after termination to allow for retrieval. After this period, all data will be permanently deleted unless otherwise required by law.
Outstanding Payments:
Any unpaid fees or charges owed to Airestate must be settled immediately.
8.4 Survival of Terms
The following sections of these Terms will survive termination:
• Content Ownership (Section 6)
• Limitation of Liability and Disclaimers (Section 7)
• Indemnification (Section 3.4 and 7.6)
• Governing Law and Dispute Resolution (Section 9)
• Privacy (Section 10)
• Confidentiality (Section 11)
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms, and any disputes arising out of or related to them, shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. This Agreement is governed by the laws of Delaware, USA. International clients are responsible for ensuring compliance with their local laws when using Airestate services. You warrant no violations of U.S. export laws or sanctions.
9.2 Informal Resolution
Before initiating any formal legal proceedings, both parties agree to make a good-faith effort to resolve any dispute informally.
Notice of Dispute:
The party raising the dispute must provide written notice to the other party outlining the nature of the issue and any proposed resolution.
Resolution Period:
Both parties will work to resolve the dispute informally within 30 days of receiving the notice.
9.3 Arbitration
If the dispute cannot be resolved informally, it shall be submitted to binding arbitration as follows:
Arbitration Rules: Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body.
Arbitration Location: The arbitration will take place in Delaware, USA, unless otherwise agreed by both parties.
Costs: Each party shall bear its own legal costs and expenses, with arbitration fees shared equally unless otherwise determined by the arbitrator.
9.4 Exceptions to Arbitration
The following disputes may be brought directly in a court of law without arbitration:
Injunctive Relief: Claims related to intellectual property rights or unauthorized use of the Airestate platform.
Small Claims: Cases eligible for small claims court in Delaware.
9.5 Waiver of Class Actions
To the fullest extent permitted by law, both parties agree to resolve disputes on an individual basis only. This means:
* No claims can be brought as part of a class action, consolidated, or representative proceeding.
* If this waiver is deemed unenforceable, the entire arbitration clause shall be null and void.
9.6 Jurisdiction
For disputes not subject to arbitration, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, USA.
10. Privacy
We collect and use information to provide and improve our services. This section outlines our practices.
10.1 Data Collection Types
- **Account Information**: Name, email, phone, username, password, payment details, company name, job title.
- **Usage Information**: Browsing history, log data, device info, IP addresses, interactions with the Platform.
- **Content**: Property listings, images, text, metadata (e.g., file size, sync volume) uploaded or integrated (e.g., MLS data).
10.2 Use of Information
- Provide and maintain services, including website management, integrations, support.
- Analytics for insights, improvements, security, engagement measurement (aggregated/de-identified where possible).
10.3 Sharing of Information
- With service providers for hosting, payment, analytics, support.
- In business transfers (merger, sale).
- With affiliates, collaborators (e.g., for shared features), or as required by law/protect rights.
10.4 Security
We use industry-standard measures like encryption, access controls, firewalls to protect data. However, no system is infallible; report suspected breaches to team@airestate.io.
10.5 User Rights (CCPA and US States)
California and other US state residents (e.g., Colorado, Virginia) have rights under CCPA and similar laws:
- Right to Know: Request categories/specific info collected, sources, disclosures, purposes (last 12 months).
- Right to Delete/Correct: Request deletion/correction of personal info (subject to exceptions).
- Right to Opt Out: Opt out of sales/sharing for targeted ads (email privacy@airestate.io; we honor Global Privacy Control).
- Non-Discrimination: No penalty for exercising rights.
Submit requests to privacy@airestate.io with "CCPA Rights Request". We respond within 45 days (extendable). Nevada: Opt out of sales at same email.
We do not "sell" personal info as defined under CCPA but may share for ads; opt out to stop.
11. Confidentiality
Each party will protect the other's Confidential Information (non-public business or technical data) with reasonable care, using it only for these Terms. Disclosure is limited to need-to-know personnel bound by confidentiality. Obligations survive 3 years post-termination.
12. AI Features
AI tools (e.g., AgentOS) outputs are your property, but we don't warrant accuracy. No use of your data for training models without consent.
13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and Airestate regarding your use of the platform and services. They supersede all prior agreements, communications, or understandings, whether written or oral.
13.2 Assignment
You may not assign or transfer these Terms, or any rights or obligations under them, without Airestate’s prior written consent. Airestate may assign or transfer these Terms without restriction, including in the event of a merger, acquisition, or sale of assets.
13.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13.4 Waiver
Airestate’s failure to enforce any provision of these Terms shall not be considered a waiver of its rights. Any waiver of rights must be in writing and signed by an authorized representative of Airestate.
13.5 Notices
All notices or other communications required under these Terms must be in writing and sent to the following:
For Airestate:
support@airestate.io
For You:
Notices will be sent to the email address or billing address provided during your subscription registration.
You consent to electronic communications and signatures under the E-SIGN Act.
13.6 Force Majeure
Airestate shall not be held liable for delays or failures to perform caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, government actions, or interruptions in third-party services.
13.7 Changes to Terms
Airestate reserves the right to update or modify these Terms at any time. Changes will take effect 30 days after notification via email or a prominent notice on the platform. Your continued use of the services after the effective date of any updates constitutes your acceptance of the revised Terms.
13.8 Contact Us
For questions or concerns about these Terms, please contact Airestate at:
team@airestate.io