These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Total Agent LLC ("Company," "we," "us," or "our"), governing your access to and use of the Total Agent™ platform, website (bytotalagent.com), mobile applications, and all related services, whether currently available or made available in the future (collectively, the "Platform").
By creating an account, subscribing to a plan, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.
These Terms apply to all versions and components of the Platform, including the web application at app.bytotalagent.com, any current or future mobile applications, API-based integrations, and any new features or modules added over time. Your continued use of the Platform as new features are introduced constitutes acceptance of these Terms as applied to those features.
To use the Platform, you must:
The Platform is intended for licensed real estate professionals, brokerages, and their authorized team members. We reserve the right to verify licensure and terminate accounts that do not meet eligibility requirements. Eligibility requirements may be updated as the Platform expands to additional states or introduces brokerage-level features.
Total Agent™ is an AI-powered real estate operating platform providing licensed agents with a fully integrated suite of tools. The Platform is powered by AGENTA™, our proprietary AI engine. The Platform currently includes the following modules and capabilities, and may be expanded with additional features, modules, and integrations over time:
The Platform is actively developed and will expand over time to include, without limitation: a native mobile application (iOS and Android), additional AI capabilities as the AGENTA™ engine evolves, brokerage-level accounts with multi-agent management, MLS data integrations (subject to vendor agreements), additional social media and third-party platform integrations, additional document and e-signature capabilities, and expansion to additional states with jurisdiction-specific compliance tooling. These Terms apply to all current and future features of the Platform.
Features and availability may vary by subscription tier and may be added, modified, or discontinued at our sole discretion with reasonable notice to subscribers.
The Platform is offered through paid subscription plans. Current pricing tiers, features, and terms are published on our website and may be updated from time to time. By subscribing, you agree to the pricing and terms of your selected plan. All subscriptions are month-to-month with no annual commitment required. There is no free trial.
Founding member pricing is a promotional rate offered to early subscribers. Founding member pricing is locked at the agreed-upon rate for the duration of the subscriber's continuous, uninterrupted subscription. If a founding member cancels and later resubscribes, founding member pricing is forfeited and standard pricing applies.
Subscribers who refer other licensed agents to the Platform may receive recurring monthly account credits as described in the current referral program terms. Credits are applied to your monthly subscription invoice and have no cash value. We reserve the right to modify or discontinue the referral program at any time with 30 days' notice.
We reserve the right to modify pricing for standard and new subscription tiers. We will provide at least 30 days' written notice of any price increase affecting your active subscription. Continued use of the Platform after the effective date constitutes acceptance of the new pricing.
Critical Disclaimer: Total Agent™ uses artificial intelligence extensively throughout the Platform, including for communications sent on your behalf. AI-generated outputs are not guaranteed to be accurate, complete, or error-free. You are solely responsible for reviewing and verifying all AI-generated content before use.
The Platform's AI engine, AGENTA™, powers automated and semi-automated features across every module. AGENTA™ operates using large language models, your AGENTA Brain profile, and real-time platform data. As the Platform evolves, AGENTA™ will power additional capabilities beyond those currently available. You acknowledge and agree that:
The AGENTA Brain is built from your brand questionnaire responses and Voice DNA profile. This data generates a per-agent AI configuration that personalizes all outputs to your communication style and brand. You acknowledge that the quality of personalization depends on the accuracy of information you provide, and that you remain solely responsible for all content generated on your behalf regardless of how closely it reflects your intended voice.
With your explicit authorization, AGENTA™ monitors your connected email account (Gmail or Outlook) to identify real estate events — including executed contracts, showing requests, lead inquiries, and client communications — and drafts responses or triggers automated actions on your behalf. You acknowledge that:
AGENTA™ drafts, schedules, and in configured cases sends SMS messages to your contacts based on showing events, lead activity, deal milestones, and automation rules you set. You are solely responsible for ensuring all SMS recipients have provided appropriate consent, and for the configuration and outputs of all automation.
FeedbackIQ automatically classifies, cleans, and structures showing feedback from buyers' agents for delivery to sellers. AI interpretation of feedback sentiment may not accurately reflect the original intent of the feedback provider. You should review all processed feedback before delivering it to sellers. The identity of the showing agent is not disclosed to the seller as part of this process.
The Smart Contracts module uses AI to extract, analyze, and cross-verify data from real estate contracts and related documents, using multiple AI models simultaneously for consensus verification. You acknowledge that:
AGENTA™ generates social media posts, blog content, listing descriptions, email campaigns, reel scripts, and other marketing materials via ContentSync. All AI-generated marketing content must comply with applicable advertising, fair housing, and real estate regulatory requirements in your jurisdiction. You are responsible for reviewing all content for compliance before publication.
Phone call recordings may be processed by AI to generate transcripts and summaries. Transcriptions are automated and may contain errors, particularly with names, addresses, figures, and technical terminology. Transcripts do not constitute official legal records.
DayBrief synthesizes data from all Platform modules to generate a daily prioritized action briefing. DayBrief outputs are AI-generated recommendations based on available Platform data and do not constitute professional advice. You are responsible for independently verifying all information presented before acting on it.
As AGENTA™ evolves, the Platform may introduce additional AI-powered features including but not limited to: enhanced voice and video analysis, predictive market intelligence, AI-assisted compliance monitoring, brokerage-level oversight tools, and integrations with MLS and public records data. These Terms and their AI disclaimers apply to all current and future AI capabilities of the Platform.
We do not guarantee the accuracy, reliability, completeness, or timeliness of any AI-generated output. We reserve the right to modify, replace, or discontinue AI features or underlying AI providers at any time without notice.
The Platform operates an SMS messaging program called Total Agent Notifications. Message frequency varies based on showing activity and agent communication preferences. Message and data rates may apply. Text STOP to cancel. Text HELP for help. Support: hello@bytotalagent.com.
Mobile opt-in data and consent will not be sold, rented, or shared with third parties for marketing or promotional purposes.
By using the Platform's SMS features, you agree to:
We reserve the right to suspend or terminate SMS capabilities for any account that violates these requirements or generates excessive opt-out rates, carrier complaints, or spam reports. You agree to indemnify the Company for any fines, penalties, or damages arising from your violation of SMS-related laws or carrier policies.
The TCPA imposes significant liability for non-compliant text messaging, including statutory damages of $500–$1,500 per violation. The Platform provides tools to support your compliance but does not guarantee compliance on your behalf. You are solely responsible for obtaining required consent from all SMS recipients, ensuring your consent collection practices satisfy applicable requirements, maintaining documentation of all consents, and ceasing communications to any contact who revokes consent.
The Platform provides dedicated business phone numbers with inbound and outbound calling, call forwarding, and call recording. By using these features, you agree to:
Agents operating in states other than Florida must independently verify and comply with all applicable recording consent laws in those jurisdictions. As the Platform expands nationally, recording consent requirements vary significantly by state and remain the agent's responsibility.
The Platform integrates with Gmail and Outlook via OAuth. By connecting your email account, you grant us permission to read, monitor, draft, and send emails on your behalf through your connected account, and authorize AGENTA™ to monitor your inbox for real estate-related events and trigger automated actions. You remain solely responsible for the content of all emails sent through the Platform and for compliance with CAN-SPAM, GDPR (if applicable), and all other applicable email regulations. You may disconnect your email integration at any time from your account settings.
Our use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. We do not use Gmail data for advertising, market research, or any purpose unrelated to providing Platform services you have authorized. We do not use Gmail data to train AI or machine learning models.
All communications sent through the Platform are your communications — you are the sender of record. You are responsible for ensuring all communications comply with applicable laws including the TCPA, CAN-SPAM, Fair Housing Act, and real estate advertising regulations in your jurisdiction. You will not use the Platform to engage in any deceptive, harassing, or discriminatory communications.
The Platform may add additional communication channels and capabilities over time, including but not limited to push notifications via mobile application, additional messaging platforms, and enhanced voice capabilities. These Terms and their compliance obligations apply to all current and future communication features of the Platform.
The Smart Contracts module supports electronic signature capabilities. Electronic signatures executed through the Platform are intended to be legally binding to the same extent as handwritten signatures under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA). You acknowledge that:
The Platform may provide or support the use of real estate document templates. You acknowledge that templates are provided as workflow tools and do not constitute legal advice. Template accuracy and currency are not guaranteed — forms change and you are responsible for verifying that all documents comply with current requirements. The Company is not responsible for errors, omissions, or non-compliance in any document template or completed document.
AGENTA™ analyzes uploaded real estate contracts using multiple AI models simultaneously for cross-verification. Extracted data may contain errors. You must independently verify all AI-extracted contract data before relying on it for deadlines, compliance, or any business purpose. AI document analysis does not constitute legal review.
Documents stored within the Platform are maintained for your convenience during the term of your subscription. The Platform is not intended as a permanent legal records repository. You are responsible for maintaining your own copies of all executed transaction documents in compliance with applicable record-keeping requirements, including those imposed by your state licensing authority and brokerage.
By connecting your social media accounts to the Platform, you authorize the Platform to publish content on your behalf through those accounts. Published content becomes your content on those platforms, subject to each platform's terms of service. You remain solely responsible for all published content, including compliance with each platform's community standards, advertising policies, and applicable law.
All marketing content generated and published through the Platform must comply with: the Fair Housing Act and applicable state fair housing laws; your state real estate commission's advertising regulations; MLS rules applicable to your market; each social platform's terms of service; and FTC guidelines for endorsements, testimonials, and material disclosures. You are responsible for reviewing all AI-generated content for compliance before publication.
The Platform schedules content in advance per platform-defined frequency limits. Scheduled content is never auto-deleted — it is archived and accessible. You may review, edit, or cancel any scheduled content prior to publication.
ContentSync may expand to additional social platforms and content distribution channels over time. These Terms apply to all current and future social media and content publishing integrations.
The Company intends to release a native mobile application (iOS and Android) as a future feature of the Platform. When available, the mobile application will be subject to these Terms in addition to any supplemental terms presented at the time of download or installation. Use of the mobile application may also be subject to the terms of the applicable app marketplace (Apple App Store, Google Play). These Terms apply to the mobile application in all respects.
The Platform supports and will expand multi-seat team accounts, including brokerage-level features allowing managing brokers or team leaders to manage multiple agent seats. By subscribing to a team or brokerage plan, the account administrator accepts these Terms on behalf of all users under their account and is responsible for ensuring all team members comply with these Terms. Individual agents added to a team account must also agree to these Terms. The Company is not liable for violations by individual team members.
You retain ownership of all data, content, and materials you upload to or create within the Platform ("Your Content"). By using the Platform, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display Your Content solely for the purpose of providing the Platform's services to you. We may also use Your Content in aggregate, anonymized form for analytics purposes, such as analyzing Platform usage patterns and generating aggregate market insights. Your Content is expressly not used for training AI or machine learning models. We will not sell, rent, or share Your Content with third parties for their own marketing or commercial purposes.
You are solely responsible for the lawful collection, handling, and use of data you input about your clients, leads, and contacts. You represent and warrant that you have all necessary rights and permissions to input and process contact data through the Platform, that your use of contact data complies with all applicable privacy laws, and that you will honor all opt-out and deletion requests from your contacts promptly.
Content generated by our AI features on your behalf is provided to you for your use. AI-generated content may not be eligible for copyright protection under current U.S. law. We make no representations regarding the intellectual property status of AI-generated content, and you use such content at your own risk.
You are solely responsible for all content you submit, publish, or transmit through the Platform, including AI-generated content you approve and publish. You represent and warrant that Your Content does not violate any third-party rights or applicable law.
You agree not to use the Platform to:
The Platform, including its design, code, features, documentation, brand elements, and all proprietary technology — including but not limited to the AGENTA™ AI engine, the AGENTA Brain personalization system, the FeedbackIQ feedback processing methodology, the ShowingSync coordination engine, the DayBrief action center architecture, the FlowBuilder automation system, the Smart Contracts document intelligence pipeline, and all current and future automation frameworks — is owned by the Company and protected by intellectual property laws including copyright, trademark, and patent law.
Nothing in these Terms grants you any right, title, or interest in the Platform's intellectual property beyond the limited license to use the Platform as a subscriber.
Certain features of the Platform are the subject of pending provisional patent applications filed with the United States Patent and Trademark Office. Unauthorized reproduction, reverse engineering, or commercial exploitation of any proprietary technology is strictly prohibited.
The following are trademarks or pending trademarks of Total Agent LLC: Total Agent™, AGENTA™. Additional product and feature names used throughout the Platform may be protected as trade dress or common law marks. Unauthorized use of any Company mark is prohibited.
You may cancel your subscription at any time through your account settings or by contacting us at hello@bytotalagent.com. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods. All active automations, scheduled messages, and content publishing will be immediately halted upon cancellation.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms; non-payment of subscription fees; loss of real estate licensure; excessive carrier complaints or SMS opt-out rates; fraudulent, illegal, or abusive use of the Platform; or conduct that harms the Platform, other users, or the Company's reputation.
Upon termination, your access to the Platform will be revoked. Your data will be retained for 90 days following termination, during which time you may request an export. After 90 days, your data may be permanently deleted. Your dedicated phone number will be released and may be reassigned. All active automations, scheduled messages, and content publishing will be immediately halted.
Please read carefully. This section significantly limits our liability to you.
To the maximum extent permitted by applicable law:
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Indemnification obligations under this Section are not subject to the limitation of liability cap set forth in Section 15, but the indemnifying party's obligations are subject to a duty to mitigate damages. The foregoing limitations and carveouts for willful misconduct, breach of confidentiality, and intellectual property infringement set forth in Section 15 apply equally to indemnification claims.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve the dispute informally. The party raising the dispute must send a written notice describing the nature of the claim, the specific relief sought, and relevant supporting facts to the other party (to the Company at hello@bytotalagent.com, or to you at the email address associated with your account). The parties shall engage in good-faith negotiation for a period of thirty (30) days from receipt of such notice before either party may initiate arbitration or other formal proceedings.
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof that is not resolved through the informal dispute resolution process described in Section 17.2 shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Palm Beach County, Florida, or, at the claimant's election, remotely via videoconference or telephone. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
For claims where the amount in controversy is less than $75,000, TotalAgent will pay all AAA filing fees and arbitration fees. For claims of $75,000 or more, the AAA's fee schedules shall apply, and the arbitrator may allocate fees in the final award. Each party shall bear its own attorneys' fees unless the arbitrator determines that a party's claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
Notwithstanding the agreement to arbitrate, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided that the action remains in small claims court and is not removed or transferred to a court of general jurisdiction.
You may opt out of the arbitration and class action waiver provisions of these Terms by sending a written notice to hello@bytotalagent.com within thirty (30) days of first creating your account on the Platform. Your opt-out notice must include your full name, account email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining provisions of these Terms will continue to apply. Opting out will not affect your ability to use the Platform.
Any claim arising out of or relating to these Terms or your use of the Platform must be filed within one (1) year after the date on which the claim arose, regardless of any statute of limitations to the contrary. Failure to file within this period constitutes a permanent waiver of such claim.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the arbitration provision, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including in cases of actual or threatened infringement of intellectual property rights.
In addition to the general Prohibited Uses set forth in Section 12, you agree that you will not use the Platform's AI features to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
We strive to maintain high availability of the Platform but do not guarantee uninterrupted service. The Platform may be temporarily unavailable due to maintenance, updates, third-party outages, or circumstances beyond our control. We are not liable for any loss or damage resulting from Platform downtime or service interruptions.
The Platform relies on third-party services including but not limited to payment processing, SMS and voice communications, AI processing, application hosting, database infrastructure, email connectivity, and social media publishing platforms. The Platform may add new third-party integrations over time, including MLS data providers (subject to formal vendor agreements), additional AI model providers, and additional communication platforms. Changes to third-party services — including pricing changes, API modifications, outages, or discontinuation — may affect Platform functionality. We are not liable for disruptions caused by third-party service providers. Your use of third-party integrations is also subject to each third party's own terms and privacy policy.
The Company makes no warranties, express or implied, regarding the accuracy, reliability, completeness, or availability of any data or functionality provided through third-party integrations. Without limitation:
If you access or use any application programming interfaces (APIs) or developer integrations provided by or through the Platform, the following additional terms apply:
The Company commits to maintaining the confidentiality of all non-public information you provide to or generate within the Platform ("Confidential Information"), including but not limited to: your email content, client lists, contact databases, deal data, transaction details, financial information, commission data, business strategies, AGENTA Brain profile data, and any other proprietary business information.
The Company will use your Confidential Information solely for the purpose of providing, maintaining, and improving the Platform's services to you. The Company will not disclose your Confidential Information to third parties except: (a) to service providers who need access to perform services on our behalf and are bound by confidentiality obligations at least as protective as those herein; (b) as required by law, regulation, or valid legal process; or (c) with your prior written consent.
The Company will implement and maintain reasonable administrative, technical, and physical security measures designed to protect your Confidential Information from unauthorized access, disclosure, alteration, or destruction. These measures will be consistent with industry standards for SaaS platforms handling similar types of data.
The Company's confidentiality obligations under this Section shall survive termination of these Terms for a period of three (3) years following the date of termination.
You have the right to export your data from the Platform at any time during your active subscription. Available export formats include CSV and JSON, as applicable to the type of data being exported.
Data export requests may be submitted through the Platform's settings or by contacting us at hello@bytotalagent.com. The Company will provide the requested data export within thirty (30) days of receiving a valid request.
Following termination of your subscription (whether by you or by us), your data will remain available for export for ninety (90) days. After this 90-day period, your data may be permanently deleted in accordance with our data retention policies.
Standard data exports are provided at no additional charge. If you request custom data formats or specialized exports beyond standard CSV/JSON, we may charge a reasonable processing fee, which will be communicated to you before processing.
If you believe you have been incorrectly billed, you must notify us at hello@bytotalagent.com within sixty (60) days of the billing error. Upon verification of the error, we will issue a full refund of the incorrectly charged amount.
If the Company terminates your subscription for convenience (i.e., for reasons other than your violation of these Terms), you will receive a prorated refund for the unused portion of your current billing period.
No refund will be issued if your account is terminated due to a violation of these Terms, including violations of the Acceptable Use Policy, Prohibited Uses, or applicable law.
If you cancel your subscription voluntarily, no refund will be issued for the remaining portion of your current billing period. Your access will continue until the end of the current billing cycle.
The Platform provides tools to support your real estate business, but does not ensure or guarantee your compliance with applicable real estate regulations. You are solely responsible for:
The Platform provides technology tools and automation capabilities. The Company does not monitor, review, or verify your compliance with real estate regulations. You acknowledge that regulatory requirements vary by state and locality, and that you are solely responsible for understanding and complying with all requirements applicable to your practice.
You must not use the Platform to create, facilitate, or conceal undisclosed dual agency situations. If you represent both the buyer and seller in a transaction managed through the Platform, you must make all disclosures required by applicable state law and obtain all required consents before proceeding. The Platform does not monitor for or prevent dual agency situations.
All commercial email communications sent through the Platform must comply with the CAN-SPAM Act. You acknowledge and agree to the following:
These Terms are intended solely for the benefit of you and the Company. There are no third-party beneficiaries to these Terms. No person or entity other than you and the Company has any right to enforce any provision of these Terms.
The Company acts solely as a technology platform and conduit for communications and services. The Company is not the sender, originator, or co-sender of any messages, emails, or other communications generated through the Platform — you are the sender of record for all communications sent through your account. Recipients of AI-generated messages, emails, or other communications sent through the Platform have no rights under these Terms and no contractual relationship with the Company arising from receipt of such communications.
You agree that your use of the Platform will comply with all applicable anti-corruption, anti-bribery, and export control laws and regulations, including but not limited to:
You represent and warrant that you are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted or denied parties list. You will not use the Platform to facilitate transactions or communications with sanctioned parties or in sanctioned jurisdictions.
The Company is committed to making the Platform accessible to all users. We use commercially reasonable efforts to design and develop the Platform in conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you encounter accessibility barriers while using the Platform, please contact us at hello@bytotalagent.com so that we can work to address the issue. We welcome feedback on how to improve the accessibility of the Platform for all users.
The following sections of these Terms shall survive termination or expiration of these Terms for any reason: Section 5 (Artificial Intelligence — Disclaimers and Limitations), Section 11 (Your Content and Data), Section 13 (Intellectual Property), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Dispute Resolution), Section 22 (Confidentiality, for a period of three years), Section 23 (Data Portability and Export, for the 90-day post-termination window), Section 27 (Third-Party Beneficiaries), and Section 28 (Anti-Corruption and Export Controls). All other rights and obligations of the parties shall cease upon termination.
We reserve the right to modify these Terms at any time, including to address new features, regulatory changes, or operational updates. We will provide notice of material changes via email or through the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms.
For questions about these Terms, please contact us: