Terms and Conditions

Last updated: June 30th, 2025

By continuing to use our Service after this date, you accept the terms of this updated Privacy Policy.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Wyoming, United States
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to WithJoy.AI Inc, 1220 Main St Suite 400, Vancouver, WA 98660.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to WithJoy.AI, accessible from https://withjoy.ai/ andhttps://tools.withjoy.ai and any other subdomain of withjoy.ai. In some areas we operate Doing Business As (DBA) "Joy Homes", available athttps://joy.homes and any subdomain of joy.homes.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Real Estate Brokerage Disclaimer

No Guarantee of Results: The Company acts as a real estate brokerage and provides various tools, software, and services (collectively, the "Real Estate Services"). Any information or services provided are for informational purposes only and do not constitute a guarantee of any particular outcome, transaction completion, or financial result.

Not Legal or Financial Advice: The Real Estate Services are not a substitute for professional legal, tax, or financial advice. Any guidance or content delivered by Us is provided solely for Your convenience and should be independently verified. We recommend consulting with an attorney, accountant, or other professional as necessary.

Transaction Liability: While We strive to provide accurate and up-to-date information, We do not assume any liability for the success or failure of any real estate transaction in which You participate. You are solely responsible for performing due diligence, including verifying property details, engaging professional inspections, and seeking expert advice.

Regulatory Compliance: The Company complies with applicable real estate licensing regulations in the jurisdictions in which it operates. However, any individual agent or broker acting on behalf of the Company has specific licensing, and nothing herein should be construed to extend liability to the Company beyond what is permissible under local laws.

Microsoft Clarity Partnership

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement."

Email Automation Services

Definition

The Email Automation Services (the "Automation Services") enable You to upload or connect contact lists, create email templates (including AI-generated drafts or have the service generate the content for you), and schedule or automatically send outbound messages through Our platform. The Automation Services are considered a component of the overall "Service" under these Terms, and You, not the Company, are deemed the "sender" of all emails dispatched via these features.

Scope

The provisions in this "Email Automation Services" section apply solely to customers—such as licensed real-estate agents or brokerages—who subscribe to or otherwise utilize the Automation Services for outbound marketing communications. The "Email Automation Services" section does NOT apply to home-buyers, sellers, or other individuals engaging WithJoy.AI or its affiliated entities for traditional real-estate brokerage services. Brokerage clients remain governed by our separate brokerage agreements, the "Real Estate Brokerage Disclaimer" above, the Privacy Policy, and the remainder of these Terms and Conditions.

User Compliance Obligations

• You must comply with all applicable laws and regulations—including, without limitation, the U.S. CAN-SPAM Act, CASL (for Canadian recipients), state or provincial "Do-Not-Contact" laws, Fair Housing Act advertising rules, the REALTOR® Code of Ethics, and your local real-estate commission regulations.
• You represent and warrant that you have a lawful basis (consent, existing business relationship, or other permissible grounds) to contact every recipient in your lists.
• You must include accurate "from" names, subject lines that are not deceptive or misleading, and a valid physical mailing address in every outbound email.
• You must honor all unsubscribe or opt-out requests within the time frame required by law (10 business days in the U.S.).

Acceptable Use & Prohibited Content

You may not use the Automation Services to send spam, fraudulent or misleading offers, phishing content, discriminatory housing ads, or any messages that violate TCPA, FHA, NAR advertising standards, or other applicable laws. We reserve the right to throttle, suspend, or terminate accounts that generate excessive bounces, complaints, or regulatory inquiries.

Deliverability Disclaimer

The Company does not guarantee inbox placement, open rates, click-through rates, or response rates. Deliverability depends on recipient server policies, sender reputation, message content, and other factors beyond Our control. We may route traffic through shared or dedicated IP addresses and may impose throughput limits to maintain system stability.

AI-Generated Content

By enabling the Automation Services, You expressly authorize the Company to generate, customize, and dispatch email content on Your behalf, which may occur with little or no human review by You prior to transmission. Email copy may be produced wholly or partially by artificial intelligence or templates supplied by the Company.

You acknowledge that automatically generated messages may contain factual inaccuracies, typographical errors, or statements that are non-compliant with advertising, privacy, or anti-spam laws. The Company provides such content on an "AS IS" basis and makes no warranty that it is accurate, complete, or lawful.

You remain the "sender" of record and assume full responsibility and liability for all email content generated and sent via the Automation Services, whether or not You have reviewed it in advance. You agree to monitor campaign performance and promptly pause or terminate any campaign that appears to violate law or recipient preferences.

Data Ownership & Privacy

Customer-supplied contact lists and message content remain Your property. The Company acts as a processor of that data solely to provide and improve the Automation Services, subject to Our Privacy Policy and any applicable Data Processing Addendum.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from and against any and all third-party claims, fines, penalties, or damages (including reasonable attorneys' fees) arising out of or related to Your email content, recipient data, or failure to comply with this section or any applicable law.

Opt-Out Mechanism

You must include a clear and functioning unsubscribe link or method in every marketing email. Disabling or removing this mechanism is prohibited. We may automatically append an unsubscribe footer to ensure compliance. You must honor all unsubscribe or opt-out requests within the time frame required by law (10 business days in the U.S.).

Usage Metrics & Analytics

The Automation Services collect engagement data such as opens, clicks, bounces, and replies. We provide these metrics to You and may also use aggregated and anonymized data to improve the Service.

Service Limits & Fair Use

We may impose daily or monthly send limits, concurrency restrictions, or API rate limits. We may adjust these limits at Our discretion to safeguard platform stability and reputation.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Service Availability Outside the United States

WithJoy.AI is currently offered only to users located within the United States and its territories. We do not target or market the Service to residents of the European Union or other jurisdictions whose laws would require us to comply with GDPR or similar regulations. By using the Service, you represent and warrant that you are not located in, or a resident of, the European Union.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Human Agent Intervention & Local Compliance:

Depending on the state in which real estate activities occur, some or all actions initiated through our advertised AI services may be executed or supplemented by a licensed human real estate agent to comply with local regulatory requirements. By using our services, you acknowledge and agree that, in order to adhere to applicable state and federal laws, your transactions and inquiries may be performed by a human agent without constituting a breach of these Terms of Service.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Return Policy

This Return Policy outlines the rules and procedures for returns and cancellations.

No Refund Policy

We operate on a no-refund policy for our services and products. Once the payment is made, it is non-refundable, and you are responsible for payment of the the full item purchase or subscription term, whether monthly, quarterly, annually, or a one-time purchase.

Account Termination

We reserve the right to suspend or terminate your account for violation of our Terms of Service. In such cases, no refunds will be issued.

Service Interruptions

While we strive to ensure a smooth service experience, occasional service interruptions may occur. These interruptions do not constitute grounds for a refund.

Changes to the Policy

We reserve the right to amend this Return Policy at any time. The most recent version will always be posted on our website. Your continued use of our services after any changes constitutes your agreement to be bound by the new terms.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: hello@withjoy.ai