Terms and Conditions

Terms and Conditions for Development Horizons

1. Introduction and Acceptance

Welcome to Development Horizons. These Terms and Conditions (“Terms”) govern your access to and use of our website, services, and AI-powered solutions (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

Development Horizons reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or by email. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.

2. Services Description

Development Horizons provides AI-powered solutions tailored for real estate businesses throughout the United States. Our Services include, but are not limited to:

Automated lead management and qualification
AI-powered chatbot assistance for customer engagement
Automated content creation for marketing materials
Data-driven insights and analytics
Predictive market analysis
Virtual property tour enhancements
Automated document processing and management
Custom AI solutions for real estate operations

We may offer similar services to businesses in other industries upon request and at our discretion.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. User Responsibilities and Conduct

4.1 Lawful Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services in any way that violates any applicable federal, state, local, or international law or regulation.

4.2 Prohibited Activities

You agree not to:

Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services
Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material
Engage in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation
Use the Services to transmit or facilitate the transmission of unsolicited commercial communications (“spam”)
Use the Services for any purpose that is unlawful or prohibited by these Terms

4.3 Data Accuracy

You are responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data and information you provide to us. You represent and warrant that you have all necessary rights, permissions, and consents to share such data with us.

5. Fees and Payment

5.1 Service Fees

Fees for our Services will be as specified in your service agreement or subscription plan. We reserve the right to change our fees upon reasonable notice.

5.2 Payment Terms

Payment is due according to the terms specified in your service agreement or subscription plan. All payments are non-refundable unless otherwise specified in writing.

5.3 Late Payments

Late payments may result in suspension or termination of Services. We reserve the right to charge late fees and interest on overdue amounts at the maximum rate permitted by law.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by Development Horizons, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your internal business purposes in accordance with these Terms.

6.3 User Content

You retain all rights to any content you submit, post, or display on or through our Services (“User Content”). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing our Services to you.

6.4 AI-Generated Content

For content generated by our AI systems based on your inputs (“AI-Generated Content”):

a) You own all rights to AI-Generated Content that is created specifically for you using your proprietary data and information.

b) You acknowledge that our AI systems may generate similar content for different users based on similar inputs, and such similarity does not constitute a violation of your intellectual property rights.

c) You are responsible for reviewing all AI-Generated Content before use to ensure it meets your requirements and does not infringe on third-party rights.

6.5 Feedback

If you provide us with ideas, suggestions, or recommendations regarding our Services (“Feedback”), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation to you.

7. Data Privacy and Security

7.1 Privacy Policy

Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information from our users. By using our Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

7.2 Data Processing

We will process your data only in accordance with these Terms, our Privacy Policy, and any data processing agreement we may enter into with you. We will implement appropriate technical and organizational measures to protect your data.

7.3 Data Security

We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.

7.4 AI Training Data

Unless you explicitly opt out in writing, you agree that we may use anonymized and aggregated data derived from your use of our Services to improve and train our AI systems. Such use will not include any personally identifiable information or confidential business information.

8. Confidentiality

8.1 Confidential Information

Each party may disclose to the other certain Confidential Information. “Confidential Information” means any information disclosed by one party to the other that is marked as confidential or would reasonably be considered confidential under the circumstances.

8.2 Protection of Confidential Information

Each party agrees to: (a) use the Confidential Information only for the purposes of these Terms; (b) protect the Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; and (c) not disclose the Confidential Information to any third party except with the prior written consent of the disclosing party or as required by law.

8.3 Exclusions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is rightfully obtained by the receiving party from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our Services will perform substantially in accordance with the documentation and specifications provided to you. Your exclusive remedy for breach of this warranty shall be the correction of the non-conforming Services or, if we cannot correct the breach within a reasonable time, a refund of the fees paid for the non-conforming Services.

9.2 AI-Specific Disclaimers

You acknowledge and agree that:

a) AI systems, including ours, may produce outputs that contain inaccuracies, errors, or “hallucinations” (content that appears plausible but is factually incorrect).

b) You are responsible for reviewing and validating all AI-Generated Content before use or implementation.

c) We do not guarantee that our AI systems will produce specific results or outcomes.

d) Our AI systems may evolve and change over time, which may affect the consistency of outputs.

9.3 General Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

10.1 Exclusion of Certain Damages

IN NO EVENT SHALL DEVELOPMENT HORIZONS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10.3 Essential Purpose

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEVELOPMENT HORIZONS AND YOU. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Development Horizons, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect while you use the Services.

12.2 Termination by You

You may terminate your account at any time by contacting us and requesting termination.

12.3 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule.

13.2 Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the city of Indianapolis and County of Marion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.3 Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.

14. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15. General Provisions

15.1 Entire Agreement

These Terms, our Privacy Policy, and any service agreements or other terms specific to services you use, constitute the sole and entire agreement between you and Development Horizons regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

15.2 Waiver

No waiver by Development Horizons of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Development Horizons to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

15.5 Relationship of the Parties

Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.