HouseWhisper - Terms of Use
Updated October 10, 2025
Thanks for choosing HouseWhisper, owned and operated by Real Estate Productivity, Inc. (“HouseWhisper,” “us,” “our,” or “we”). We’ve designed our tools to fit naturally into how real estate professionals already work—saving time, staying organized, and keeping deals moving. Below you’ll find the terms that explain how we’ll work together. It’s the fine print, but it’s here to ensure a clear and productive relationship.
By interacting with the HouseWhisper service (the “Service”), you (“Customer”) agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).
1. Description of the Service. HouseWhisper will provide the AI-powered services designed to enhance the productivity of real estate professionals, as specifically described in the Terms of Service Agreement between HouseWhisper and Customer’s organization (“Customer’s Organization”) that covers Customer (“Terms of Service Agreement”).
2. Customer Obligations. Customer shall comply with the following requirements:
a. Customer shall provide HouseWhisper with credentials to access Customer’s Customer Relationship Management system (“CRM”), as well as ensuring Customer’s primary business phone number and email address are accurately included in their CRM. Customer shall promptly notify HouseWhisper of any updates to the foregoing information via email to their account representative (or other method provided by HouseWhisper) and acknowledge that failure to do so may result in an interruption to the Service and/or missing data in the corresponding account. Customer authorizes HouseWhisper to access and use Customer’s CRM, including, without limitation, all data therein, for the purpose of providing the Service to Customer.
b. Customer shall participate in the onboarding and, if provided (at HouseWhisper’s discretion), any initial training provided by HouseWhisper and shall comply with the specifications and/or documentation provided by HouseWhisper from time to time.
c. For most accurate and efficient results, Customer will speak clearly and minimize background noise when interacting with the Service and will use industry standard and generally known terms for appointments and tasks.
d. Customer shall review reminders, appointments, tasks and other action items created by the Service for accuracy and value before accepting or acting on them. For example, Customer will verify addresses are valid on appointments created by the Service.
d. Customer shall review all content generated by the Service for accuracy and value before sharing or otherwise acting on it. For example, Customer will review any messages generated by the Service and provided to Customer for review before sending to a client.
3. License and Restrictions.
a. License. Subject to the ongoing compliance with these Terms of Use, Customer receives a limited, non-transferable, non-sublicensable, revocable license to access and use the Service and the data and other content provided via the Service (such data and content, collectively, “HouseWhisper Materials”) during the Term for the sole purpose of carrying out activities that directly support their business as a real estate professional.
b. Restrictions. Customer shall not:
(i) provide the Service with access to highly sensitive personally identifiable information, including, without limitation, social security and credit card numbers,
(ii) provide information or otherwise use the Service in a way that violates any third party right (including, without limitation, intellectual property and privacy rights),
(iii) engage in any activity that violates applicable laws, rules or regulations (including, without limitation, the Fair Housing Act and the Real Estate Settlement Procedures Act),
(iv) decompile, disassemble, reverse engineer or otherwise attempt to derive the underlying structure of the Service,
(v) reproduce, display, modify, adapt or create derivative works based on the Service or HouseWhisper Materials, except as explicitly permitted herein,
(vi) distribute, sublicense, lease, rent, sell or transfer the Service or HouseWhisper Materials to any third party,
(vii) share or disclose account credentials, or otherwise permit the Service or HouseWhisper Materials to be accessed by any person other than Customer,
(viii) transmit unlawful, infringing, harmful or other data which Customer is not authorized to transmit,
(viv) alter or remove any trademarks or proprietary notices contained on the HouseWhisper Materials,
(x) circumvent or otherwise interfere with any authentication or security measures of the Service or HouseWhisper Materials,
(xi) access the Service for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose, or
(xii) otherwise use the Service or HouseWhisper Materials other than as expressly permitted under these Terms of Use.
c. Noncompliance. HouseWhisper may suspend Customer’s access to the Service for any period during which: (i) Customer is, or HouseWhisper has a reasonable basis for believing Customer is, in noncompliance with any of the prohibited actions in Section 3.b, or (ii) HouseWhisper reasonably believes there is a significant threat to the functionality, security, integrity or availability of the Service or HouseWhisper Materials. HouseWhisper will provide advance notice of any such suspension if reasonably practicable and lawfully permitted and will use reasonable efforts to reestablish the Service when HouseWhisper determines the issues causing the suspension are resolved.
3. Proprietary Rights. As between the Parties, HouseWhisper owns and retains all rights, title and interest, including all intellectual property rights, in and to the Service and HouseWhisper Materials (except for Submitted Data (as defined in Section 4) included therein) and the Service, including any and all upgrades, customizations, fixes, updates or enhancements, as well as the Data Learnings (collectively, “HouseWhisper IP”), and nothing in the Agreement will preclude or restrict HouseWhisper from using or exploiting any concepts, ideas, techniques or know-how of or related to the HouseWhisper IP or otherwise arising in connection with HouseWhisper’s provision of the Service, including, without limitation, Data Learnings. For the purposes of these Terms of Use, “Data Learnings” means learnings, improvements, derivatives, developments and other results of processing and/or analyzing (including through machine learning) Submitted Data, including all analyses, optimization, developments, reports, outcomes, evaluations, conclusions and similar work product. Other than as expressly set forth in the Agreement, no license or other rights in or to the HouseWhisper IP are granted to Customer and all such rights are expressly reserved to HouseWhisper.
4. Submitted Data.
a. Definition. For the purposes of these Terms of Use, “Submitted Data” means the data, information, content and any other material, whether owned by Customer or a third party, to which Customer provides HouseWhisper with access for use in connection with the Service, including, without limitation, data made available via Customer’s CRM, Customer’s text and voice messages to the Service, and call recordings created by HouseWhisper as part of the Service.
b. Ownership; Licenses. As between the Parties, Customer retains all rights, title and interest in and to Submitted Data, subject to the rights granted to HouseWhisper set forth in the Agreement. For clarity, Submitted Data does not include any data, routines or outcomes generated by HouseWhisper through any automated data analysis, processing or other normal operations of the Service, including, without limitation, Data Learnings. Customer grants HouseWhisper a worldwide, non-exclusive right during the Term to use, reproduce, modify, analyze, process and otherwise exploit Submitted Data for the purpose of providing the Service to Customer. So long as Customer cannot be reasonably identified as the source of the Submitted Data, Customer additionally grants HouseWhisper a worldwide, irrevocable, perpetual, royalty-free right to: (i) use, reproduce, modify, analyze (including through machine learning) and otherwise process and otherwise exploit Submitted Data to create and produce Data Learnings and to improve the Service and any related services provided by HouseWhisper, and (ii) use and exploit suggestions, requests and feedback provided by or on behalf of Customer regarding the Service. Customer agrees the foregoing rights to access and use Submitted Data may be exercised by HouseWhisper’s employee-personnel, contractors, subcontractors and service providers, so long as each is subject to written obligations of confidentiality.
c. Customer Responsibility. Customer will be solely responsible for all Submitted Data, whether provided by or on behalf of Customer. Customer will not provide HouseWhisper with access to Submitted Data if doing so violates any law, rule or regulation. Customer shall obtain any consents, rights or permissions required by applicable law, rule or regulation for collection of Submitted Data, as well as submission to and use of Submitted Data by HouseWhisper, including, without limitation, obtaining consents to record calls and use personal data of Customer’s clients. To the extent emails, text and voice messages and other communications are sent via the Services by or on behalf of Customer, Customer shall be responsible for ensuring compliance with any opt-out requests. Customer is responsible for complying with all laws, rules and regulations that apply to the personal data of their clients that is made available to HouseWhisper, including, without limitation, those relating to data privacy. For clarity, HouseWhisper is not responsible for obtaining any necessary consents or permissions relating to messages sent by or on behalf of Customer via the Service or collection and use of Submitted Data, including, without limitation, call recordings. HouseWhisper may remove or restrict access to Submitted Data via the Service if HouseWhisper believes the use of, or access to, such data may violate applicable law or the rights of a third party or is otherwise not permitted.
d. Security. HouseWhisper shall: (i) implement and maintain appropriate technical and organizational measures to protect Customer’s data against unauthorized access, disclosure or alteration, consistent with industry standards, (ii) comply with applicable data protection laws with respect to the collection, storage, processing and transfer of Customer’s data, and (iii) in the event of a data breach involving Customer’s data, HouseWhisper shall promptly notify Customer and take reasonable measures to address the incident. Notwithstanding the foregoing, Customer acknowledges that the Service is not designed to isolate and obfuscate highly sensitive personally identifiable information (“Sensitive PII”), such as social security and credit card numbers. Customer shall not provide any Sensitive PII through the Service.
5. Privacy Policy. HouseWhisper will collect, use, store and disclose personal information in accordance with its Privacy Policy, which is incorporated into and made a part of these Terms of Use.
6. Termination/Changes to Agreement. Customer may terminate its use of the Service and deactivate its account at any time by requesting via text message to HouseWhisper that HouseWhisper disable or permanently turn off the Service. HouseWhisper may suspend or terminate Customer’s permission to access to and use of the Service: (a) if Customer violates any provision of these Terms of Use, (b) if the Terms of Service Agreement is violated or terminated, or (c) as otherwise provided in the Terms of Service Agreement. HouseWhisper may change these Terms of Use at any time in its sole discretion on a going-forward basis. While HouseWhisper will make commercially reasonable efforts to notify Customer of any material changes to these Terms of Use, Customer’s continued use of the Service after any updates are posted at https://www.housewhisper.ai/terms-of-service will represent Customer’s agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. Customer is responsible for regularly reviewing these Terms of Use and waives any right to receive specific notice of changes to these Terms of Use.
7. Representations and Warranties. Customer represents and warrants that: (i) Customer will comply with all applicable laws, rules and regulations in connection with Customer’s use of the Service, and (ii) neither the Submitted Data, nor access to and use of the Submitted Data by HouseWhisper, will not violate any: (A) intellectual property or other proprietary rights, or any rights of privacy or publicity rights, of a third party, or (B) other law, rule or regulation.
8. Indemnification. Customer agrees to indemnify, defend and hold harmless HouseWhisper, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) Customer’s use of the Service, (b) Customer’s breach of these Terms of Use, (c) Customer’s violation of any law or the rights of a third party, (d) any Submitted Data, (e) Customer’s willful misconduct, or (f) any other party’s access to or use of the Service using Customer’s account and password. HouseWhisper reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which case, Customer agrees to cooperate with HouseWhisper’s defense of the claim. Otherwise, Customer shall have control of the defense and settlement of any such claim, provided Customer shall obtain HouseWhisper’s written consent prior to entering into any compromise, settlement, or other disposition of the claim.
9. Disclaimer; No Warranties; Limitation of Liability.
a. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND HOUSEWHISPER MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, AND THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. HOUSEWHISPER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. HOUSEWHISPER IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR SUBMITTED DATA OR LOSS OF DATA PROVIDED VIA THE SERVICE: CUSTOMER IS SOLELY RESPONSIBLE FOR BACKING UP SUBMITTED DATA AND DATA PROVIDED VIA THE SERVICE.
b. CUSTOMER ACKNOWLEDGES AND AGREES THE USE OF ARTIFICIAL INTELLIGENCE (“AI”) AND MACHINE LEARNING (“ML”) TO POWER THE SERVICE INCLUDES RISKS FOR WHICH HOUSEWHISPER IS NOT AND WILL NOT BE LIABLE, INCLUDING, WITHOUT LIMITATION:
(I) ACCURACY AND RELIABILITY: THE AI AND ML MODELS USED IN THE SERVICE ARE BASED ON ALGORITHMS AND DATA SETS THAT MAY BE IMPERFECT AND PRODUCE RESULTS THAT ARE NOT 100% ACCURATE OR RELIABLE. WHILE STRIVING FOR ACCURACY, HOUSEWHISPER CANNOT GUARANTEE THE PRECISION, COMPLETENESS OR CORRECTNESS OF ANY OUTPUTS GENERATED BY THE AI OR ML MODELS.
(II) NO LIABILITY FOR DECISIONS: CUSTOMER ACKNOWLEDGES IT USES THE AI AND ML MODELS IN THE SERVICE AT ITS OWN RISK AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR OTHER CONSEQUENCES RESULTING FROM DECISIONS OR ACTIONS TAKEN BASED ON OUTPUTS PROVIDED BY THE AI OR ML MODELS.
(III) DATA SENSITIVITY: THE QUALITY OF RESULTS PRODUCED BY AI AND ML MODELS MAY DEPEND ON THE SUBMITTED DATA. CUSTOMER IS RESPONSIBLE FOR REVIEWING TO ENSURE ANY SUBMITTED DATA IS ACCURATE.
(IV) MODEL LIMITATIONS: THE AI AND ML MODELS USED IN THE SERVICE ARE TRAINED ON SPECIFIC DATA SETS AND MAY NOT BE APPLICABLE TO ALL USE CASES, INCLUDING UNIQUE CIRCUMSTANCES AND NEW INFORMATION. CUSTOMER AGREES TO REVIEW AND VALIDATE RESULTS BEFORE TAKING ANY ACTION.
(V) NO GUARANTEE OF OUTCOMES: WHILE THE AI AND ML MODELS ARE DESIGNED TO IMPROVE DECISION-MAKING AND EFFICIENCY, HOUSEWHISPER CANNOT GUARANTEE SPECIFIC OUTCOMES, PERFORMANCE IMPROVEMENTS OR BUSINESS RESULTS. THE AI MODELS MAY NOT ALWAYS PERFORM AS EXPECTED, DUE TO CHANGES IN DATA, CONTEXT, OR UNFORESEEN VARIABLES.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HOUSEWHISPER, NOR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES WILL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON OR OTHERWISE RELATING TO THESE TERMS OF USE OR CUSTOMER’S USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SERVICE OR ANY MATERIALS ON THE SERVICE, WHETHER BASED ON: (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) NEGLIGENCE, OR (IV) ANY OTHER CAUSE OF ACTION, EVEN IF HOUSEWHISPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOUSEWHISPER'S OR ITS SUBSIDIARIES’, AFFILIATES’, LICENSORS’, SERVICE PROVIDERS’, DIRECTORS’, OFFICERS’, AGENTS’, OR EMPLOYEES’ TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION THAT ARISE FROM OR RELATE TO THIS AGREEMENT OR CUSTOMER’S USE OF THE SERVICE EXCEED $150. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
d. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT WILL BE CONSTRUED TO DISCLAIM OR LIMIT ANY WARRANTY, RIGHT, OR REMEDY THAT IS REQUIRED BY APPLICABLE LAW AND CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
10. DMCA. If you believe your work has been reproduced on the Service in a manner that constitutes copyright infringement, please notify HouseWhisper’s copyright agent via email at info@housewhisper.ai with the following information:
● Identification of the copyrighted work you claim has been infringed;
● Identification of the material you claim is infringing and needs to be removed;
● Your address, telephone number and, if available, e-mail address, so HouseWhisper’s copyright agent may contact you about the complaint;
● A signed statement that the above information is accurate, you have a good faith belief the use of the copyrighted material is not authorized, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
11. Consent to Communications. By using the Service, Customer consents to receiving electronic communications from HouseWhisper or its agents via text message, push notification, email, and phone calls that are reasonably necessary for HouseWhisper to provide Customer with the Service. Customer may withdraw consent to receive text messages at any time by responding “STOP” via text message, but such withdrawal of consent may materially degrade the Service provided to Customer. Customer may withdraw consent to receive electronic communications sent via push notification, email and phone by requesting via text message that HouseWhisper disable or permanently turn off the Service, but this will prevent HouseWhisper from providing the Service to Customer altogether.
12. General
a. Governing Law; Venue. These Terms of Use and all issues related thereto shall be governed by and construed in accordance with the laws of the State of Washington without regard to choice of law or conflict of law principles. Customer agrees to submit to the personal and exclusive jurisdiction and venue in the state and federal courts of King County, Washington for all disputes, claims and actions arising out of or in connection with the Services or these Terms of Use.
b. Notice. Any notices required to be made or given under these Terms of Use must be in writing, and shall be deemed to have been made or given upon confirmation if sent by e-mail to info@housewhisper.ai.
c. Assignment. HouseWhisper may assign these Terms of Use, in whole or in part, at any time with or without notice to Customer. Customer may not assign these Terms of Use, or assign, transfer or sublicense Customer’s rights, if any, in the Services.
d. Headings. The headings in these Terms of Use are inserted for convenience and are not intended to affect the interpretation of these Terms of Use.
e. No Waiver. No waiver by HouseWhisper of any breach or default of any of the provisions contained in these Terms of Use and required to be performed by Customer will be construed as a waiver of any succeeding breach of the same or any other provision, and no delay by HouseWhisper in exercising a right under these Terms of Use will operate as a subsequent waiver of such right.
f. Severability. If a court or other body of competent jurisdiction finds any term or provision of these Terms of Use invalid or unenforceable, such term or provision will be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and the remainder of these Terms of Use will continue in full force and effect.
h. Survival. The following provisions will survive any termination of these Terms of Use: Sections 3-12.