Terms of Service

By accessing, registering for, or using the ELARA AI platform and related services (collectively, "Platform" or "Services"), you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and our Compliance Policy (collectively, the "Agreement") between you and 1N599 Labs, a Texas entity ("Company," "we," "us," or "our"), doing business as ELARA AI.

If you are accessing the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to this Agreement, and references to "you" include that organization.

If you do not agree to these Terms in their entirety, you must not access or use the Platform. Your continued use after any modification constitutes acceptance of the revised Terms.

You may use the Platform only if:

• You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher)
• You have the legal capacity to enter into binding contracts
• You are not located in a jurisdiction subject to US economic sanctions
• You are not prohibited from receiving services under applicable law
• You have not been previously suspended or removed from the Platform

For licensed real estate professionals, you further represent that your license is current, valid, and in good standing in the applicable jurisdiction.

You must provide accurate, current, and complete information during registration and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.

You agree to notify us immediately at support@elara.ai of any unauthorized access or security breach. 1N599 Labs is not liable for losses caused by unauthorized use of your account that result from your failure to maintain credential security.

We reserve the right to require additional verification (including identity verification) before granting or continuing access to certain features.

Subject to your compliance with this Agreement, 1N599 Labs grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your lawful real estate activities. This license does not include:

• Sublicensing, reselling, or commercially exploiting the Platform or its outputs without written permission
• Reproducing, copying, or distributing ELARA AI trademarks, software, or AI models
• Removing or altering any proprietary notices
• Accessing the Platform through automated means (bots, scrapers, crawlers) without written permission
• Reverse engineering, decompiling, or attempting to extract source code or model weights

You agree not to use the Platform to:

• Post false, misleading, fraudulent, or discriminatory property listings
• Violate the Fair Housing Act, ECOA, or any fair lending or fair housing laws
• Engage in steering, redlining, or any discriminatory real estate practice
• Transmit unsolicited commercial messages (spam) or conduct phishing attacks
• Harass, threaten, defame, or harm any person
• Impersonate any person or entity, or misrepresent your affiliation
• Upload malware, viruses, or malicious code
• Attempt to gain unauthorized access to any system or account
• Violate any applicable local, state, national, or international law
• Engage in money laundering, fraud, or any illegal financial activity
• Circumvent, disable, or interfere with security features
• Use the Platform in any manner that could disable, overburden, or impair its functionality

Violations may result in immediate account suspension, termination, and referral to law enforcement, at our sole discretion.

You retain ownership of all content you upload ("User Content"), including property photos, documents, descriptions, and communications. By submitting User Content, you grant 1N599 Labs a worldwide, royalty-free, sublicensable license to use, store, display, reproduce, and distribute your User Content solely to operate and improve the Platform.

You represent and warrant that: (i) you own or have all necessary rights to your User Content; (ii) your User Content does not violate any law or third-party rights; and (iii) property listings are accurate, truthful, and not misleading.

1N599 Labs reserves the right (but has no obligation) to review, remove, or modify User Content that violates these Terms or applicable law, without notice or liability.

The Platform uses artificial intelligence to generate property descriptions, valuations, market analyses, document templates, staging images, and related outputs ("AI Content").

AI Content is provided for informational and convenience purposes only. It does not constitute:

• Legal advice or a substitute for consultation with a licensed attorney
• Financial, investment, or mortgage advice or a substitute for consultation with a licensed financial advisor or Loan Officer
• Real estate brokerage services or a substitute for consultation with a licensed real estate professional
• A certified appraisal or market valuation for lending or legal purposes
• An inspection report or substitute for a professional property inspection

You are solely responsible for independently verifying all AI Content before relying on it, and for ensuring that any use complies with applicable laws, regulations, and professional standards. 1N599 Labs expressly disclaims liability for decisions made in reliance on AI Content.

1N599 Labs is a technology platform, not a licensed real estate broker or agent. Use of the Platform does not create a brokerage relationship, fiduciary duty, or agency relationship between 1N599 Labs and any user. Any real estate transactions facilitated through the Platform are solely between the parties to those transactions.

1N599 Labs does not guarantee the accuracy of MLS data, property valuations, or listing information provided by third parties or users.

Certain features require a paid subscription or one-time fee. By providing payment information and subscribing, you authorize 1N599 Labs to charge your payment method on a recurring basis at the then-current rate.

• Billing cycle: Monthly or annual, as selected at purchase
• Price changes: We will notify you at least 30 days before any price increase; continued use constitutes acceptance
• Refunds: All fees are non-refundable except as required by applicable law or as expressly stated in our refund policy
• Taxes: You are responsible for all applicable taxes; we will collect taxes where legally required
• Failed payments: We may suspend your account for failed payments after reasonable notice

1N599 Labs and its licensors retain all right, title, and interest in and to the Platform, including all software, AI models, algorithms, interfaces, trademarks, service marks, trade secrets, and other proprietary materials ("1N599 Labs IP"). These Terms do not transfer any ownership of 1N599 Labs IP to you.

ELARA AI and the ELARA AI logo are trademarks of 1N599 Labs. You may not use 1N599 Labstrademarks without our prior written consent.

The Platform may integrate with or link to third-party services, websites, or platforms (including MLS providers, payment processors, identity verification services, mapping providers, and communication tools). 1N599 Labs does not control, endorse, or assume responsibility for any third-party content, services, privacy practices, or terms.

Your use of third-party services is governed by their own terms and privacy policies.1N599 Labs is not liable for any damages arising from your use of third-party services.

By you: You may close your account at any time by contacting us at support@elara.ai. Closing your account does not affect obligations incurred prior to termination.

By 1N599 Labs: We may suspend or terminate your access, with or without notice, at our sole discretion for: (i) breach of any provision of this Agreement; (ii) illegal, fraudulent, or harmful activity; (iii) non-payment of fees; (iv) extended inactivity; or (v) business or legal requirements.

Upon termination, your license to use the Platform ceases immediately. Sections that by their nature should survive termination (including Sections 7, 8, 13, 14, 15, 16, 17, and 18) will survive.

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1N599 LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT
• WARRANTIES AS TO THE ACCURACY OF PROPERTY VALUATIONS, MARKET DATA, OR LISTING INFORMATION
• WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED

Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, our liability is limited to the minimum required by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1 Exclusion of Consequential Damages. IN NO EVENT SHALL 1N599 LABS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability. 1N599 Labs'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO 1N599 LABS IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100.00).

14.3 Basis of Bargain. The limitations in this Section reflect a fair allocation of risk. 1N599 Labs would not provide the Platform on the terms herein without these limitations. These limitations apply regardless of the form of action (contract, tort, strict liability, or otherwise) and will survive a failure of essential purpose.

Certain jurisdictions do not allow limitation of liability for personal injury or death caused by negligence, fraud, or fraudulent misrepresentation. This Section does not limit liability for such claims.

You agree to defend, indemnify, and hold harmless 1N599 Labs, its affiliates, directors, officers, employees, contractors, and agents ("1N599 Labs Parties") from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Platform
• Your violation of any provision of this Agreement
• Your User Content or the use thereof by 1N599 Labs as permitted under this Agreement
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Your violation of any applicable law or regulation
• Any representation or warranty made by you that is false or misleading
• Any real estate transaction you conduct through or facilitated by the Platform

1N599 Labs reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense.

1N599 Labs shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, governmental actions, internet or infrastructure failures, cyberattacks, or third-party service outages. We will use commercially reasonable efforts to resume performance as soon as practicable.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO SUE IN COURT.

17.1 Informal Resolution First. Before initiating formal proceedings, you agree to contact us at legal@elara.ai and give us 30 days to resolve the dispute informally.

17.2 Binding Arbitration. If the dispute is not resolved informally, all disputes, claims, or controversies arising out of or relating to this Agreement or the Platform shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer or Commercial Arbitration Rules (as applicable), except as provided in Section 17.5.

17.3 Arbitration Procedure. Arbitration shall be conducted by a single arbitrator in Collin County, Texas (or by video/telephone if the amount in dispute is less than $10,000). The arbitrator may award any relief available in court on an individual basis. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

17.4 CLASS ACTION WAIVER. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS ACTION. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION AGREEMENT IN 17.2 SHALL BE VOID.

17.5 Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for: (i) misappropriation of intellectual property; (ii) unauthorized access to computer systems; or (iii) breach of confidentiality obligations. Small claims court actions within its jurisdictional limits are also exempt.

17.6 Opt-Out Right. You may opt out of the arbitration agreement within 30 days of first accepting these Terms by emailing legal@elara.ai with subject line "Arbitration Opt-Out," including your name, email, and a statement that you opt out. Opting out does not affect any other provision of these Terms.

17.7 Costs. AAA filing fees and arbitrator compensation are governed by AAA rules. For claims under $10,000, 1N599 Labs will pay all AAA fees unless the arbitrator finds your claim frivolous.

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. For any claim not subject to arbitration under Section 17, you consent to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas, and waive any objection to such jurisdiction or venue.

If you are accessing the Platform from outside the United States, you are responsible for compliance with local laws and acknowledge that this Agreement is subject to US law.

If you believe your copyright has been infringed by content on the Platform, please send a written notice to our DMCA agent at legal@elara.ai containing:

• Your name, address, and contact information
• Description of the copyrighted work and its location on the Platform
• A statement that you have a good-faith belief the use is unauthorized
• A statement under penalty of perjury that the information is accurate and you are the rights holder or authorized agent
• Your physical or electronic signature

20.1 Entire Agreement. This Agreement (including the Privacy Policy and Compliance Policy) constitutes the entire agreement between you and 1N599 Labs regarding the Platform and supersedes all prior agreements.

20.2 Severability. If any provision is found unenforceable, the remaining provisions continue in full force. An unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

20.3 No Waiver. Our failure to enforce any right or provision does not constitute a waiver of future enforcement.

20.4 Assignment. You may not assign or transfer your rights under this Agreement without our prior written consent. We may assign our rights without restriction in connection with a merger, acquisition, or sale of assets.

20.5 Notices. We will provide notices by email to your registered address or by posting on the Platform. You may provide notices to us at 401 Forsyth Drive, Princeton, Texas 75407 or via legal@elara.ai.

20.6 Electronic Communications. You consent to receive communications from us electronically and agree that electronic agreements and notices have the same legal effect as written originals.

20.7 Relationship. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship between you and 1N599 Labs.

20.8 Updates to Terms. We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice for material changes. Your continued use after the effective date constitutes acceptance.