Terms of Service

    TERMS OF USE & SERVICE AGREEMENT

    Last Updated: August 20, 2025

    Effective Date: August 20, 2025

    1. ACCEPTANCE OF TERMS

    By accessing, using, or subscribing to DigiLuna's AI-powered communication system and SMS services (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use our Service.

    These Terms constitute a legally binding agreement between you ("Client," "User," or "you") and DigiLuna, a Florida limited liability company located in Orlando, Florida ("Company," "we," "us," or "our").

    2. SERVICE DESCRIPTION

    2.1 Core Services

    Our Service provides AI-powered communication tools specifically designed for real estate professionals, including:

    • Automated SMS messaging and follow-up sequences
    • AI-generated personalized communications
    • Lead management and nurturing automation
    • Voice message generation and delivery
    • Email automation and management
    • Contact database management and integration

    2.2 Service Scope

    • Target Users: Licensed real estate professionals and their teams
    • Geographic Coverage: United States only
    • Service Type: Business-to-business communication platform
    • Integration: Compatible with existing CRM systems and contact databases

    2.3 What We Do NOT Provide

    • Direct real estate advice or consultation
    • Property listings or MLS access
    • Real estate transaction services
    • Direct client-to-realtor matching services
    • Property valuation or market analysis
    • Legal or financial advice

    3. SMS MESSAGING TERMS

    3.1 SMS Service Agreement

    By using our SMS features, you acknowledge and agree that:

    • SMS messaging is included in your monthly subscription fee
    • Standard message and data rates from your carrier may apply
    • You are responsible for obtaining proper consent from your leads/clients
    • You must comply with all applicable telecommunications laws

    3.2 Message Types and Frequency

    Transactional Messages:

    • Lead confirmation and acknowledgment
    • Appointment reminders and confirmations
    • System notifications and updates
    • Service-related communications

    Marketing Messages:

    • Follow-up sequences for leads
    • Nurturing campaigns
    • Promotional content for your real estate services
    • Market updates and property alerts

    Frequency: Up to 10 messages per recipient per month, with variations based on campaign settings and engagement levels.

    3.3 Compliance Requirements

    You agree to:

    • Obtain express written consent before sending marketing messages
    • Provide clear opt-out instructions (STOP/UNSUBSCRIBE)
    • Honor opt-out requests within 24 hours
    • Not send messages to numbers on Do Not Call registries
    • Comply with TCPA, CAN-SPAM, and state privacy laws
    • Maintain proper consent records for audit purposes

    3.4 Prohibited SMS Uses

    You may not use our SMS service to:

    • Send spam or unsolicited messages
    • Transmit illegal, harmful, or offensive content
    • Violate any telecommunications regulations
    • Send messages outside normal business hours (8 AM - 9 PM Eastern Time)
    • Exceed reasonable message frequency limits
    • Send messages to numbers without proper consent

    4. AI SYSTEM TERMS

    4.1 AI-Powered Features

    Our Service utilizes artificial intelligence for:

    • Automated message generation and personalization
    • Voice synthesis and audio message creation
    • Communication timing optimization
    • Lead scoring and engagement analysis
    • Response suggestion and automation

    4.2 AI Data Processing

    • AI systems may process your communications to improve service quality
    • Voice recordings may be temporarily processed for audio message generation
    • AI learning is currently limited to system optimization (not personalized learning)
    • Future updates may include enhanced AI learning capabilities

    4.3 AI Limitations

    You acknowledge that:

    • AI-generated content should be reviewed before sending
    • AI responses may not always be perfect or contextually appropriate
    • You remain responsible for all communications sent through our platform
    • AI suggestions are tools to assist, not replace, professional judgment

    5. USER OBLIGATIONS & RESPONSIBILITIES

    5.1 Account Security

    You are responsible for:

    • Maintaining confidentiality of account credentials
    • All activities under your account
    • Notifying us immediately of unauthorized access
    • Using strong passwords and security practices

    5.2 Compliance Responsibilities

    You must:

    • Comply with all applicable real estate licensing laws
    • Obtain proper consent for all communications
    • Maintain accurate contact information
    • Follow professional real estate standards and ethics
    • Ensure all content is truthful and not misleading

    5.3 Content Responsibility

    You are solely responsible for:

    • All content transmitted through our Service
    • Accuracy of information provided to leads/clients
    • Compliance with real estate advertising regulations
    • Professional licensing and regulatory compliance
    • Any claims or representations made in communications

    6. THIRD-PARTY SERVICES & INTEGRATIONS

    6.1 Service Providers

    Our Service integrates with third-party providers including:

    • Airtable: Contact database management
    • SendGrid: Email delivery services
    • ElevenLabs: Voice synthesis and audio generation
    • SlyBroadcast: Voicemail delivery services
    • AWS: Cloud storage and infrastructure
    • SMS Gateway Providers: Text message delivery
    • Google Analytics: Service usage analytics

    6.2 Third-Party Terms

    Use of integrated services is subject to their respective terms of service and privacy policies. We are not responsible for third-party service availability, performance, or compliance.

    6.3 Data Sharing with Third Parties

    We only share data with third-party providers as necessary to deliver our Service:

    • Contact information for message delivery
    • Analytics data for service improvement
    • Technical data for system operation and maintenance
    • No sale or sharing of data for marketing purposes by third parties

    7. SUBSCRIPTION & PAYMENT TERMS

    7.1 Subscription Model

    • Service provided on monthly subscription basis
    • SMS messaging included in subscription fee
    • No additional per-message charges from our company
    • Carrier charges may apply and are your responsibility

    7.2 Payment Terms

    • Monthly fees billed in advance
    • Automatic renewal unless cancelled
    • Payment due by subscription anniversary date
    • Late fees may apply for overdue payments

    7.3 Cancellation & Refunds

    • You may cancel at any time with 30-day notice
    • No refunds for partial months of service
    • Service continues until end of billing period
    • Data export available upon request before termination

    8. PRIVACY & DATA PROTECTION

    8.1 Data Collection

    We collect and process:

    • Your business and contact information
    • Communication content and metadata
    • Usage analytics and system performance data
    • Contact information for your leads/clients

    8.2 Data Use

    Data is used solely for:

    • Providing and improving our Service
    • System analytics and optimization
    • Customer support and technical assistance
    • Legal compliance and security

    8.3 Data Security

    We implement industry-standard security measures:

    • Encrypted data transmission and storage
    • Access controls and authentication
    • Regular security audits and monitoring
    • Compliance with applicable privacy laws

    9. INTELLECTUAL PROPERTY

    9.1 Our Rights

    We retain all rights to:

    • Service software and technology
    • AI algorithms and models
    • Proprietary methodologies and processes
    • Trademarks, logos, and brand materials

    9.2 Your Rights

    You retain ownership of:

    • Your business contact information
    • Content you create and transmit
    • Your client/lead database
    • Your business communications and data

    9.3 License Grant

    We grant you a limited, non-exclusive license to use our Service during your subscription period, subject to these Terms.

    10. DISCLAIMERS & LIMITATIONS

    10.1 Service Disclaimers

    • Service provided "as is" without warranties
    • No guarantee of message delivery or system uptime
    • AI-generated content may contain errors or inaccuracies
    • Third-party service availability not guaranteed

    10.2 Real Estate Disclaimers

    • We provide communication tools only, not real estate advice
    • You are responsible for all professional licensing and compliance
    • Property information accuracy is your responsibility
    • We do not provide legal, financial, or real estate consultation

    10.3 Limitation of Liability

    Our liability is limited to:

    • Maximum of one month's subscription fee
    • Direct damages only (no consequential damages)
    • No liability for third-party service failures
    • No liability for regulatory violations by users

    11. TERMINATION

    11.1 Termination by You

    • Cancel with 30-day written notice
    • Service continues through current billing period
    • Data export available upon request
    • No refunds for unused time

    11.2 Termination by Us

    We may terminate for:

    • Non-payment of fees
    • Violation of these Terms
    • Misuse of Service or illegal activity
    • Regulatory compliance issues

    11.3 Effect of Termination

    Upon termination:

    • Access to Service immediately ceases
    • Data retention per our privacy policy
    • Outstanding fees remain due
    • License to use Service terminates

    12. REGULATORY COMPLIANCE

    12.1 Telecommunications Compliance

    Service designed to comply with:

    • Telephone Consumer Protection Act (TCPA)
    • CAN-SPAM Act
    • Federal Communications Commission (FCC) regulations
    • State telecommunications laws

    12.2 Real Estate Compliance

    Users must independently comply with:

    • State real estate licensing requirements
    • National Association of Realtors (NAR) guidelines
    • Fair Housing Act regulations
    • Truth in Advertising standards

    12.3 Privacy Law Compliance

    Service complies with applicable privacy laws including:

    • California Consumer Privacy Act (CCPA)
    • Virginia Consumer Data Protection Act (VCDPA)
    • Other state privacy regulations

    13. DISPUTE RESOLUTION

    13.1 Governing Law

    These Terms are governed by Florida state law, without regard to conflict of law principles.

    13.2 Jurisdiction

    Any disputes shall be resolved in the state or federal courts located in Orange County, Florida.

    13.3 Arbitration

    Disputes under $10,000 may be subject to binding arbitration at either party's option.

    14. MISCELLANEOUS

    14.1 Entire Agreement

    These Terms constitute the entire agreement between parties and supersede all prior agreements.

    14.2 Modifications

    We may update these Terms with 30-day notice. Continued use constitutes acceptance of changes.

    14.3 Severability

    If any provision is deemed invalid, the remaining Terms remain in full force and effect.

    14.4 Force Majeure

    We are not liable for service interruptions due to circumstances beyond our reasonable control.

    15. CONTACT INFORMATION

    For Terms of Service Questions:

    • Email: contact@digiluna.ai
    • Phone: (520) 369-2777
    • Address: DigiLuna
      6100 Lake Ellenor Drive, Suite #151 #1166
      Orlando, FL 32809
      United States

    For Technical Support:

    • Email: contact@digiluna.ai
    • Phone: (520) 369-2777

    For Privacy/Data Questions:

    • Email: contact@digiluna.ai

    By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.