Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you and Arivana, Inc. (“Arivana,” “we,” “us,” or “our”). They govern your access to and use of our marketing website and blog at arivana.com, and the Arivana real estate workspace and related products, features, and services (together, the “Services”).
By accessing or using the Services, joining our waitlist, or creating an account, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. If you are using the Services on behalf of a brokerage, team, or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. The workspace is intended for real estate professionals and others authorized to access the property data and tools we provide. You are responsible for ensuring that your use of the Services complies with the laws, regulations, licensing rules, and professional obligations that apply to you.
2. The Services
Arivana provides a workspace for real estate professionals that can include research tools, comparative market analyses (CMAs), market statistics, listing preparation, contact management, client timelines, shareable reports, and related features. The Services are evolving, and we may add, change, suspend, or remove features at any time. Some features are offered on a pre release, beta, or early access basis and may be modified or discontinued without notice.
3. Accounts and security
To use most features you must create an account. You may register with an email and password or, where available, by signing in with Google. You agree to provide accurate information, keep it current, and keep your credentials confidential. You are responsible for all activity that occurs under your account. Notify us promptly at legal@arivana.com if you suspect unauthorized use. Our handling of Google sign in and Google data is described in our Privacy Policy.
4. Fees and subscriptions
Some parts of the Services are free, including joining the waitlist. Other features may require a paid subscription or one time fee. If you purchase a paid plan, we will disclose the price, billing cycle, and renewal terms at the point of purchase. Unless stated otherwise, paid plans renew automatically until cancelled, fees are charged through our payment processor, and fees are non refundable except where required by law. We may change our prices on a going forward basis with reasonable notice.
5. Your content
The Services let you upload, create, and store content, including property details, photos, documents such as inspection reports, contact records, reports, and other materials (“Your Content”). As between you and Arivana, you retain all rights you have in Your Content.
You grant Arivana a worldwide, non exclusive, royalty free license to host, store, reproduce, modify (for example to format or resize), display, and transmit Your Content solely to operate, provide, secure, and improve the Services and to perform the actions you direct, such as generating and sharing a report or sending an email. You represent and warrant that you have all rights and permissions necessary to provide Your Content and to grant this license, and that Your Content and its use through the Services do not violate any law or third party right.
6. Client and contact data
When you add information about your clients, prospects, and contacts, you are responsible for having a lawful basis to collect and use that information and for providing any notices and obtaining any consents your clients require. You are the controller of that information and Arivana processes it on your behalf as described in our Privacy Policy. You agree to use shared links, view tracking, and email features in compliance with applicable privacy, anti spam, and telemarketing laws, including the CAN-SPAM Act and, where applicable, the Telephone Consumer Protection Act.
7. MLS and third party property data
The Services display property and market data sourced from third parties, including Multiple Listing Service (MLS) providers and data vendors such as Repliers and RealTracs. This data is provided by those sources and is subject to their rules and licensing terms. You agree to use MLS and property data only as permitted by the applicable MLS and data provider, and to comply with any display, attribution, and usage requirements.
We do not guarantee that property data, listing photos, comparable sales, market statistics, or calculations are accurate, complete, current, or error free. You are responsible for independently verifying any data before relying on it or presenting it to a client.
8. CMAs and valuations are not appraisals
Comparative market analyses, suggested prices, net proceeds figures, market appreciation estimates, and similar outputs are estimates generated from available data and the inputs you provide. They are not appraisals, and they are not legal, financial, tax, or investment advice. They must not be represented as a formal appraisal by a licensed appraiser. You are solely responsible for the professional judgments, representations, and advice you provide to your clients.
9. Artificial intelligence features
Some features use artificial intelligence to generate content from inputs you provide, such as listing copy, summaries of an uploaded inspection report, repair proposals, and briefings. AI generated output may be inaccurate, incomplete, or unsuitable for your situation. You are responsible for reviewing, editing, and verifying any AI generated output before you use, send, or rely on it. AI features are provided on an as is basis and do not constitute professional advice.
10. Acceptable use
You agree not to:
- Use the Services in violation of any law, regulation, MLS rule, or professional licensing requirement.
- Violate fair housing laws or use the Services to discriminate against any person on the basis of a protected class.
- Upload or transmit content that is unlawful, infringing, defamatory, or that you lack the right to share.
- Send unsolicited, deceptive, or unlawful communications, or otherwise misuse the email, sharing, or notification features.
- Access, scrape, harvest, resell, or redistribute property data or other content except as expressly permitted.
- Attempt to gain unauthorized access to the Services, interfere with their operation, or circumvent security or usage limits.
- Reverse engineer, decompile, or copy the Services, or use them to build a competing product, except where this restriction is prohibited by law.
- Upload malware or use the Services in any way that could harm Arivana, other users, or third parties.
11. Feedback
If you submit feedback, bug reports, or suggestions, you grant Arivana a perpetual, irrevocable, worldwide, royalty free license to use them for any purpose without obligation or compensation to you.
12. Intellectual property
The Services, including all software, design, text, graphics, logos, and other materials we provide (excluding Your Content and third party data), are owned by Arivana or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non exclusive, non transferable, revocable license to access and use the Services for your internal professional purposes. The Arivana name and logo are our trademarks and may not be used without our prior written permission. We reserve all rights not expressly granted.
13. Third party services
The Services integrate with or link to third party services, such as Google and property data providers. Your use of those services is governed by their own terms and policies, and we are not responsible for them. Enabling an integration may require you to grant permissions to the third party or to us, as described at the time you connect it.
14. Termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law or by a third party provider, or to protect the Services or other users. Upon termination, your right to use the Services ends. We may delete Your Content after termination in accordance with our retention practices, so you should export anything you wish to keep beforehand. Sections that by their nature should survive termination will survive, including Sections 5 through 12 and 15 through 19.
15. Disclaimers
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Arivana disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non infringement, and any warranties arising from course of dealing or usage. We do not warrant that the Services will be uninterrupted, secure, or error free, or that any data or output will be accurate or reliable.
16. Limitation of liability
To the fullest extent permitted by law, Arivana and its officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of or inability to use the Services, even if advised of the possibility of such damages. Our total liability for all claims relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.
17. Indemnification
You agree to indemnify and hold harmless Arivana and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your Content, your use of the Services, your violation of these Terms, your violation of any law or third party right, or your professional conduct with your clients.
18. Governing law and disputes
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws rules. You and Arivana agree to the exclusive jurisdiction of the state and federal courts located in Tennessee for any dispute not subject to an alternative process, and you consent to personal jurisdiction there. Before filing a claim, you agree to first contact us at legal@arivana.com and attempt to resolve the dispute informally for at least 30 days.
19. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Services after an update means you accept the revised Terms.
20. General
These Terms, together with our Privacy Policy and any order or plan terms, are the entire agreement between you and Arivana regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, and we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.
21. Contact us
Questions about these Terms can be sent to legal@arivana.com.
Arivana, Inc.
Tennessee, United States
You can also return to the Arivana home page or read our blog.