Welcome to SiteStakes. These Terms of Service ("Terms") govern your access to and use of the SiteStakes platform, website, and services (collectively, the "Service") operated by SiteStakes ("we," "us," or "our"). By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, do not use our Service.
1. The Service
SiteStakes is a software-as-a-service (SaaS) platform that provides real estate website building, lead management, CRM, email and SMS marketing, analytics, and related tools. We host your website, store your data, and provide the tools you use to run your real estate business online.
2. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to use SiteStakes. By using the Service, you represent that you meet these requirements. If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account and to keep it updated.
You must notify us immediately if you become aware of any unauthorized use of your account. We are not liable for any loss or damage resulting from unauthorized access to your account.
4. Subscription and Billing
SiteStakes operates on a subscription basis. By subscribing to a plan, you agree to pay the applicable fees as described on our pricing page. All fees are billed in advance on a recurring basis (monthly or annually, depending on your plan).
Your subscription renews automatically at the end of each billing cycle unless you cancel before the renewal date. You can cancel your subscription at any time from your account settings.
We may change our pricing with at least 30 days' written notice. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.
All fees are non-refundable except where required by law. If you cancel mid-cycle, you retain access to the Service until the end of your current billing period, but no partial refund is issued.
Payment is processed securely through Stripe. We do not store your full credit card information.
5. Acceptable Use
You agree to use SiteStakes only for lawful purposes and in accordance with these Terms. You may not use the Service to violate any applicable law or regulation, send unsolicited bulk email or SMS (spam), transmit content that is illegal, defamatory, threatening, harassing, obscene, or otherwise objectionable, impersonate any person or entity, interfere with or disrupt the integrity or performance of the Service, attempt to gain unauthorized access to any part of the Service or its related systems, use the Service to distribute malware, viruses, or other harmful code, or use the Service in any way that could harm SiteStakes, its users, or third parties.
We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms.
6. Your Content
You retain ownership of all content you create, upload, or submit through the Service, including but not limited to website pages, blog posts, property listings, images, lead records, and form configurations ("Your Content").
By using the Service, you grant SiteStakes a limited, non-exclusive, worldwide license to host, store, display, and transmit Your Content solely for the purpose of providing the Service to you. This license terminates when you delete Your Content or close your account.
You are solely responsible for Your Content and for ensuring it complies with applicable laws. SiteStakes does not monitor or review Your Content, but we reserve the right to remove content that violates these Terms or applicable law.
7. Intellectual Property
The SiteStakes platform, including its software, design, features, documentation, logos, and trademarks, is owned by SiteStakes and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.
You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service.
8. Data and Privacy
Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you agree to our Privacy Policy.
As a SiteStakes customer, you collect data from your own website visitors and leads. You are the data controller for that data, and SiteStakes acts as a data processor on your behalf. You are responsible for complying with all applicable data protection laws in connection with the data you collect.
9. Third-Party Services
SiteStakes integrates with third-party services including payment processors (Stripe), email providers (Postmark, SendGrid, Mailgun, Brevo, Mailchimp), IDX providers (iHomeFinder, IDX Broker), mapping services (Google Maps, Walk Score), and automation platforms (Zapier, Make).
Your use of these third-party services is subject to their respective terms of service and privacy policies. SiteStakes is not responsible for the availability, accuracy, or practices of any third-party service.
10. Service Availability
We strive to keep SiteStakes available at all times, but we do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to scheduled maintenance (we will provide advance notice when possible), unscheduled downtime caused by technical issues, or events beyond our reasonable control (force majeure).
We are not liable for any loss or damage resulting from downtime or service interruptions.
11. Limitation of Liability
To the maximum extent permitted by law, SiteStakes and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Service.
Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount you paid to SiteStakes in the twelve (12) months immediately preceding the event giving rise to the claim.
12. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be error-free, secure, or uninterrupted, or that defects will be corrected. You use the Service at your own risk.
13. Indemnification
You agree to indemnify, defend, and hold harmless SiteStakes and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
14. Termination
You may cancel your subscription and close your account at any time. Upon cancellation, your access continues until the end of your current billing period.
We may suspend or terminate your account at any time if you violate these Terms, fail to pay applicable fees, or if we are required to do so by law. We will provide reasonable notice when possible.
Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or for legitimate business purposes (such as billing records). Lead data and content are deleted after a reasonable retention period following account closure.
15. Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
16. Changes to These Terms
We may update these Terms from time to time. For material changes, we will notify you by email or by posting a prominent notice on our website at least 30 days before the changes take effect.
Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the updated Terms, you may cancel your subscription before they take effect.
17. General
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
These Terms constitute the entire agreement between you and SiteStakes regarding your use of the Service and supersede any prior agreements.
18. Contact Us
If you have any questions about these Terms, please contact us through our contact page.