Terms of Service

Account Terms

You must be at least 18 years old and use the Services only in connection with real estate activity for which you hold the required license, or for which you work under the supervision of someone who does. You are responsible for keeping your credentials confidential, for every action taken under your account, and for the conduct of every user you add to your organization. Each user must be a real person with their own login; sharing a login is not permitted.

You must give us accurate account and billing information and keep it current. Accounts belong to the organization that pays for them: the organization's administrators control its users, its content and its subscription. We may refuse, suspend or close an account at our discretion, including where we believe it is being used in violation of these Terms or the law.

Acceptable Use and Your Responsibilities

HearthDraft is a drafting and analysis tool for licensed professionals. You — not Brass Ridge — are the licensee, the advertiser, the publisher and the fiduciary in every transaction, and nothing in the Services changes that. You agree that you will:

• Comply with the federal Fair Housing Act, the Equal Credit Opportunity Act, state and local fair-housing and anti-discrimination laws, real estate license law, advertising rules, do-not-call and anti-spam laws, and your brokerage's policies, in everything you send or publish, whether or not HearthDraft drafted it.
• Review every draft, assessment, comparative market analysis, brief and post before you rely on it or send it, and correct anything that is wrong. HearthDraft's compliance screening is an aid to your judgment, not a substitute for it; a screening result is not legal advice and is not a guarantee of compliance.
• Use only data you have the right to use, including MLS and listing data licensed to you, and comply with the terms of every data source you import or connect.
• Collect Client information only with the notices and consents that the law and your brokerage require, and use share pages only to communicate with Clients you are actually working with.
• Not use the Services to make, recommend or steer housing decisions based on race, color, religion, national origin, sex, familial status, disability or any other characteristic protected by law.

You will not: resell, sublicense, rent or provide the Services to third parties; attempt to gain unauthorized access to any system, account or data; probe, scan or test the vulnerability of the Services without our written permission; use automated means to scrape or extract data other than through the API as documented; interfere with any other user's use of the Services; upload malicious code; use the Services or their output to build a competing product or to train a machine-learning model; remove or obscure any proprietary notice; or use the Services in violation of any law. We may suspend an account immediately to stop conduct we believe violates this section.

AI-Generated Content

The Services use large language models and rules-based analysis to draft text and produce assessments from the information you provide. Output can be incomplete, out of date or wrong, and it can reflect limitations in your inputs or in the underlying model. HearthDraft is designed to work only from data you supply or import and never to invent listing facts, market statistics, comparable sales, school information, legal claims or neighborhood characteristics — but you must verify every material statement before you use it.

A comparative market analysis produced by the Services is a pricing aid prepared for a licensed professional. It is not an appraisal, was not prepared by a licensed appraiser, and must not be presented as one. Nothing the Services produce is legal, financial, tax, lending or appraisal advice.

You are the author of anything you choose to send or publish, and you assume full responsibility for it. Brass Ridge has no liability for any decision that you or your Clients make in reliance on output.

Client Data and Share Links

As between you and Brass Ridge, you own and control the Client information and other content you put into the Services ("Customer Content"), and you are the party responsible for it under privacy, consumer-protection and real-estate law. Brass Ridge processes Customer Content on your behalf as described in the Privacy Policy. You represent that you have the rights, notices and consents needed to give Customer Content to us for processing.

Share links contain a random token that is the only credential needed to open them. You are responsible for sending links only to the intended recipient and for revoking a link that has been shared more widely than you intended. If a Client asks you to correct or delete their information, you agree to honor the request in the Services, and we will help you do so.

Payment, Refunds, and Plan Changes

Paid plans are billed in advance on a recurring basis — monthly or annually according to the plan you choose — and renew automatically until cancelled. Payment is processed by Stripe. By subscribing you authorize us and Stripe to charge your payment method for the plan price, applicable taxes and any usage or add-on fees you incur. Prices exclude sales, use, value-added and similar taxes, which are your responsibility.

All fees are non-refundable, including for partial periods, downgrades and unused generation allowances, except where a refund is required by law. If a payment fails we may suspend the account after notice until it is paid, and we may charge interest at the lesser of 1.5% per month or the maximum the law allows on amounts more than 30 days overdue. Upgrades take effect immediately and are prorated; downgrades take effect at the next renewal. Free and trial plans may be limited, changed or withdrawn at any time. We may correct billing errors whenever we discover them, in either direction.

Cancellation and Termination

You may cancel at any time from the billing page or the customer portal. Cancellation stops renewal, the subscription runs to the end of the paid period, and no refund is owed for the remainder. You are responsible for cancelling; a cancellation request sent through any other channel is not effective until we confirm it. After cancellation or expiry, your organization can still sign in to export its content for 30 days, after which we may delete it as described in the Privacy Policy.

We may suspend or terminate your access immediately and without refund if you breach these Terms, if your use creates legal or security risk for us or for others, if your payment is more than 15 days overdue, or if we are required to by law. We may also terminate for convenience with at least 30 days' notice, in which case we will refund any prepaid fees for the period after termination.

Provisions that by their nature should survive — including ownership, payment obligations, disclaimers, limitation of liability, indemnification and dispute resolution — survive termination.

Modifications to the Service and Prices

The Services evolve. We may add, change, limit or remove features, models, integrations, plans and allowances at any time. We will give at least 30 days' notice, by email or in-app notice, before a price increase or the removal of a feature that materially reduces the core functionality of a paid plan; other changes may be made without notice. If you do not accept a price change you may cancel before it takes effect. Continued use after a change takes effect is acceptance of it. We are not liable to you or to anyone else for any modification, suspension or discontinuation of the Services.

Uptime, Security, and Privacy

We work to keep the Services available, but we do not guarantee any particular uptime or response time, or that the Services will be uninterrupted or error-free, and we may take the Services down for maintenance. We protect your data with the measures described in the Privacy Policy, and we will notify you of a security incident that affects your Customer Content without undue delay.

Our Privacy Policy is part of these Terms and describes what we collect, how we use it and who processes it. Where you need a data-processing agreement to satisfy your own obligations, our standard agreement is available on request and, once signed by both of us, is incorporated into these Terms.

Copyright and Content Ownership

You keep every right you have in your Customer Content. You grant Brass Ridge LLC a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display and create derivative works of Customer Content solely to provide, secure and improve the Services, to comply with law, and as otherwise permitted by the Privacy Policy.

To the extent Brass Ridge holds any rights in the text or documents the Services generate for you from your inputs ("Output"), we assign them to you on payment of the fees due, subject to these Terms. Because Output is generated by a shared model, similar or identical Output may be produced for other customers and is not exclusive to you. We do not use Customer Content or Output to train generative models, and our AI provider is contractually prohibited from doing so.

Brass Ridge LLC and its licensors own the Services and everything in them other than Customer Content and Output — the software, prompts, models, templates, screening rules, designs, documentation and trademarks, including the HearthDraft name and mark. You may not copy, modify, distribute or create derivative works from them. We also own aggregated and de-identified data derived from use of the Services and may use it for any lawful purpose. If you give us feedback or suggestions, you grant us a perpetual, irrevocable license to use them without restriction or compensation.

We respect intellectual property. If you believe content in the Services infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to [email protected]. We respond in accordance with the Digital Millennium Copyright Act, including by terminating repeat infringers.

Features and Bugs

We design the Services carefully, but software has bugs and no product suits everyone. We decide which features to build and which bugs to fix, and we do not promise that any particular feature will be added, kept or fixed. Reporting a bug or requesting a feature does not create an obligation on our part. Beta and preview features are provided as-is, may change or disappear without notice, and may be excluded from any support commitment.

Services Adaptations and API Terms

Any access to the Services through the API is subject to these Terms and to the rate limits, authentication requirements and documentation we publish. You may use the API only to access your own organization's data on behalf of your own users. You may not use the API to build a product that substitutes for or competes with the Services, to circumvent plan limits, or to resell access. We may change, throttle or revoke API access at any time.

Integrations with third-party services you connect — listing feeds, mapping, messaging, storage — are governed by those services' terms as well as ours. We are not responsible for a third party's service, data or changes, and you are responsible for maintaining your right to use it.

Indemnification

You will defend, indemnify and hold harmless Brass Ridge LLC and its members, managers, employees and contractors from any claim, demand, loss, liability, damage, penalty and expense, including reasonable attorneys' fees, arising from or relating to: your Customer Content; anything you send, publish or do with Output; your dealings with your Clients; any violation by you or your users of fair-housing, licensing, advertising, privacy, telemarketing or other law; any breach of these Terms; or any use of the Services by anyone through your account. We may elect to control the defense of any claim you indemnify, and you will not settle any claim that imposes an obligation on us without our written consent.

Liability

THE SERVICES, AND ALL OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, BRASS RIDGE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUTPUT WILL BE ACCURATE, COMPLETE, LAWFUL, COMPLIANT WITH FAIR-HOUSING OR ADVERTISING RULES, OR FIT FOR ANY PURPOSE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, BRASS RIDGE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, COMMISSIONS, BUSINESS, GOODWILL OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, BRASS RIDGE LLC IS NOT LIABLE FOR ANY CLAIM ARISING FROM A COMMUNICATION, ADVERTISEMENT, ANALYSIS OR DECISION THAT YOU OR YOUR CLIENTS MAKE, SEND OR RELY ON, WHETHER OR NOT HEARTHDRAFT DRAFTED IT.

BRASS RIDGE LLC'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO BRASS RIDGE LLC FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT THE LAW ALLOWS.

Dispute Resolution, Arbitration and Class Action Waiver

Most concerns can be resolved informally. Email [email protected] with a description of the problem and we will try to resolve it with you within 60 days before either of us starts a formal proceeding.

Any dispute, claim or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator seated in Cook County, Illinois, with hearings held by video unless the arbitrator orders otherwise. The Federal Arbitration Act governs this provision. The arbitrator may award the same relief a court could award to the individual party, and judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.

YOU AND BRASS RIDGE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

You may opt out of this arbitration provision by emailing [email protected] within 30 days of first accepting these Terms, stating that you opt out; opting out does not affect any other part of these Terms. To the extent the law allows, any claim must be filed within one year after it arises or it is permanently barred. If any part of this section is found unenforceable as to a particular claim, that claim will be decided by a court in Cook County, Illinois, and the rest of this section still applies.

General Terms

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, and, subject to the arbitration provision above, the state and federal courts located in Cook County, Illinois have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

These Terms, the Privacy Policy and any order form or data-processing agreement we sign with you are the entire agreement between us about the Services and supersede any prior agreement and any purchase-order terms. We may update these Terms; the effective date at the top of the page is the date of the current version, we will give at least 14 days' notice of a material change by email or in-app notice, and continued use after the effective date is acceptance of the updated Terms.

You may not assign these Terms without our written consent; we may assign them to an affiliate or to a successor. Neither party is liable for delay or failure caused by events beyond its reasonable control. If a provision is unenforceable it will be modified to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver of it. Notices to us go to [email protected]; notices to you go to the email address on your account. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us. You will comply with U.S. export and sanctions laws in using the Services. Questions about these Terms go to [email protected].