Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you ("You" or "Customer") and WebGrowly LLC, a Delaware limited liability company with its principal place of business in Miami Beach, Florida ("WebGrowly," "we," "our," or "us"). These Terms govern your access to and use of the WebGrowly OS platform and any real estate websites hosted by us under your custom domain (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING INDIVIDUAL ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER IN SECTION 19. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

WebGrowly OS is a hosted software platform for licensed real estate professionals operating in the State of Florida. The Service includes a multilingual real estate website hosted on our infrastructure under your custom domain, a customer relationship management (CRM) suite, AI-powered tools (text generation, image analysis, speech-to-text), financial calculators, marketing asset tools, notifications, analytics, and integrations (the "Features").

The Service is delivered as a hosted, cloud-based solution. We do not distribute, license, sell, or transfer the source code, object code, or infrastructure of the Service to You. You receive a license to use the Service, not a license to the underlying software.

To use the Service, You must:

(a) Be at least 18 years of age; (b) Be a licensed real estate agent, broker, or brokerage-affiliated professional authorized to practice real estate in the State of Florida; (c) Have the legal authority to enter into these Terms on Your own behalf as an individual real estate professional; (d) Not be barred from using the Service under applicable law; (e) If You use the Service to ingest, display, store, or process MLS, IDX, or other proprietary real estate listing data (including through the Smart Extract Feature or by importing listing URLs), You represent and warrant that You hold a valid, active license or subscription with the relevant MLS or data source and have full contractual authority to use such data through the Service.

You represent and warrant that each of the above is true and remains true throughout Your use of the Service.

3.1 Acceptance. For Customers who execute a Master Service Agreement incorporating these Terms via electronic signature (including via DocuSign), execution of that Agreement constitutes Customer's acceptance of these Terms, the Privacy Policy, the DPA, and the AUP, and no further clickwrap or acknowledgment is required. References in these Terms, the Privacy Policy, the DPA, or the AUP to "agreeing," "clicking I Agree," "by using the Service," or similar language are intended to cover alternative acceptance mechanisms and do not impose additional assent requirements on Customers who have executed a Master Service Agreement. The Effective Date of acceptance for each such Customer is the date reflected on the DocuSign Certificate of Completion or equivalent electronic-signature audit record.

3.2 Registration and Single-User Accounts. The Service is sold and provided for use by a single individual real estate professional. 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 activity under Your account. You must notify us immediately at security@webgrowly.com of any suspected unauthorized access. You must not share Your account credentials with, or permit access to Your account by, any other person (including assistants, team members, brokerage colleagues, transaction coordinators, or any other third party). Each real estate professional who uses the Service must maintain a separate customer account and pay a separate License Fee. The Service does not support brokerage accounts, team accounts, shared accounts, or multi-agent configurations.

3.3 Florida License Verification. During account onboarding, Customer shall provide Customer's current active Florida real estate license number (and, where applicable, brokerage license number). WebGrowly may verify license status with the Florida Department of Business and Professional Regulation (DBPR) or Florida Real Estate Commission (FREC) records at any time, and may suspend or terminate Customer's access without cure period under Section 14.2(ii) if Customer's license is lapsed, suspended, revoked, voluntarily relinquished, or otherwise not in good standing. Customer agrees to notify WebGrowly within five (5) business days of any change affecting license status, including (without limitation) change of brokerage affiliation, change of designated broker, license suspension or revocation, or voluntary inactive status. Upon any change of brokerage affiliation, Customer shall promptly update the brokerage identification displayed on Customer's hosted website through the admin panel to reflect the current brokerage, in accordance with Fla. Admin. Code 61J2-10.025. Failure to maintain current brokerage information on the hosted website may result in FREC enforcement action for which Customer is solely responsible under Section 4.1.

3.4 Onboarding and Service Activation. Customer acknowledges that access to the Service requires completion of an onboarding session with WebGrowly during which Customer's custom domain connection and initial admin login are performed. Customer agrees to schedule and attend this session within a reasonable time after payment. The date of successful completion of this session constitutes the Service Activation Date for purposes of Section 5.3.

3.5 Support Access and Impersonation. To provide support and troubleshoot issues, authorized WebGrowly personnel may temporarily access Customer's admin panel via an impersonation session. Such sessions are logged in the activity audit trail, time-limited (typically four (4) hours or less), and performed only in response to a Customer support request or where reasonably necessary to investigate abuse, security, or legal compliance under Section 13. WebGrowly personnel do not read Customer's private messages, communications, or CRM notes outside the scope of the specific support issue, and do not use information observed during a support session for any purpose unrelated to resolving that issue or protecting the integrity of the Service.

The Service is delivered under a custom domain that You register and own. You are solely responsible for:

(a) Registering Your domain through a registrar of Your choosing, paying all registration and renewal fees, and keeping the domain in good standing; (b) Configuring DNS records as we instruct to point Your domain to our infrastructure; (c) Any interruption to the Service caused by expired domains, DNS misconfiguration, ICANN disputes, or actions by Your domain registrar.

Your domain name remains Your property. All software, code, databases, hosting infrastructure, design templates, AI prompts, and other technical components of the Service are and remain the exclusive property of WebGrowly and are not transferred to You.

4.1 FREC-Compliant Advertising Responsibility. Customer is solely responsible for providing all brokerage identification, license numbers, designated-broker information, and other disclosures required to display FREC-compliant advertising on Customer's hosted website pursuant to Fla. Admin. Code 61J2-10.025 and applicable FREC advertising rules. WebGrowly will include the information Customer provides during onboarding or subsequently via the Service's settings; WebGrowly does not audit, verify, or curate this information. Customer is solely responsible for the accuracy, currency, sufficiency, and ongoing compliance of that information on Customer's hosted website. Any enforcement action, fine, or sanction arising from non-compliant advertising on Customer's hosted website is Customer's responsibility, and Customer will indemnify WebGrowly under Section 17 against any such claim.

5.1 One-Time Fee. The Service is provided for a one-time payment per customer account (the "License Fee"). WebGrowly's standard published License Fee is US $599. Customer's actual License Fee is the amount specified in the executed Master Service Agreement, which may be the standard $599 or an individually-negotiated promotional amount extended at WebGrowly's sole discretion. There are no recurring fees, no subscriptions, no per-user charges, and no automatic renewals.

5.2 Payment. Payment is processed by our third-party payment processor. By paying the License Fee, You authorize the payment processor to charge Your payment method in the amount of the License Fee plus any applicable taxes.

5.3 Refunds.

(a) Refund Window. Customer may request a full refund of the License Fee within fourteen (14) days of the Service Activation Date by emailing billing@webgrowly.com. The refund will be processed within ten (10) business days to the original payment method. No usage threshold applies — Customer is entitled to the refund regardless of the extent to which Customer has explored, configured, or operated the Service during the fourteen (14)-day window.

(b) Service Activation Date. The "Service Activation Date" means the date on which Customer completes the onboarding session conducted by WebGrowly during which: (a) Customer's custom domain is connected to the Service, and (b) Customer successfully logs into the WebGrowly OS admin panel for the first time.

(c) Anti-Ghosting. WebGrowly will make reasonable efforts to schedule the onboarding session promptly after payment, including at least three (3) outreach attempts to the email address used for payment. If Customer fails to schedule or attend the onboarding session within ninety (90) days of payment despite such outreach, or repeatedly misses scheduled sessions without reasonable cause, the fourteen (14)-day refund window in subsection (a) is deemed waived. Customer's right to schedule the onboarding session and activate the Service remains available for twelve (12) months from the date of payment; only the refund right is affected by this subsection.

(d) Exclusions. Refund requests outside the fourteen (14)-day window in subsection (a) are at WebGrowly's sole discretion and generally will not be granted. No refunds are available where termination results from Customer's material breach of these Terms.

5.4 Taxes. You are responsible for all sales, use, value-added, and similar taxes, duties, and assessments arising from Your use of the Service, excluding taxes based on our net income.

5.5 Scope of License Fee.

(a) Included. The License Fee includes: (i) access to the WebGrowly OS platform and all features available through the admin panel at the time of purchase; (ii) hosting of Customer's website on WebGrowly infrastructure using Customer's custom domain; (iii) the initial onboarding session described in Section 3.4, during which Customer's custom domain is connected to the Service and Customer accesses the admin panel for the first time; (iv) security patches, bug fixes, and such new features as WebGrowly may release from time to time at its sole discretion, during the period Customer maintains an active account and WebGrowly continues to offer the Service; and (v) access to integrations made available through WebGrowly's Zapier application, to the extent Zapier approves and maintains the application in its marketplace.

(b) Not Included. The License Fee does not include: (i) custom code development, custom features, or modifications beyond standard platform configuration; (ii) custom-designed pages, sections, or visual elements beyond options available in the admin panel; (iii) data migration from other platforms, data cleanup, or data entry services; (iv) dedicated support, consulting, training sessions, or strategic advisory beyond the onboarding session described in Section 3.4; (v) third-party service subscriptions required by Customer, including but not limited to premium IDX providers, call recording services, domain registration, or external tools, which Customer arranges and pays for directly; and (vi) any work on, modification of, or integration with the Service performed by any developer, contractor, or technical personnel other than WebGrowly. Customer shall not engage, authorize, or request any third-party developer to access, modify, or integrate with the Service, and WebGrowly will not grant source-code, repository, or infrastructure access to any party other than WebGrowly's own personnel.

(c) Additional Services. Customer may request additional services not included in the License Fee. WebGrowly will respond with a written quote including scope, price, and estimated timeline. Work begins only upon Customer's written acceptance. Declining a quote does not constitute breach, does not entitle Customer to refund, and does not affect Customer's continued use of the Service.

(d) Rates. WebGrowly does not publish a rate card. Rates for additional services are determined on a per-project basis based on scope, complexity, and timeline, and provided in the written quote under subsection (c).

6.1 Included AI Features. For the first one hundred eighty (180) days following Your payment of the License Fee, AI-powered Features are included at no additional charge to You. During this period, WebGrowly bears the cost of third-party AI API usage (currently OpenAI) from its own account, and all AI requests are routed through WebGrowly's OpenAI API credentials.

6.2 After 180 Days — Continued Use of AI Features. After the 180-day period, You may continue to use AI Features through one of the following options, as available at that time:

(a) Managed AI Add-On. WebGrowly may offer a managed-AI option (the "Managed AI Add-On") under which WebGrowly continues to provide AI Features through WebGrowly's own AI provider relationships, on the terms and pricing then in effect. Where the Managed AI Add-On is offered and Customer subscribes to it, the contractual and data-processing arrangements set out in Section 6.1 and in the Data Processing Addendum continue to apply without material change.

(b) Customer-Provided API Key. Customer may instead supply and maintain Customer's own valid API key from a supported AI provider (currently OpenAI; other providers may be supported from time to time at WebGrowly's discretion) configured in Customer's account settings. From the moment Customer configures Customer's own API key in the Service, the contractual and data-processing relationship with the AI provider shifts:

(i) Customer becomes the direct customer of that AI provider for all AI requests made from Customer's account, governed by the provider's terms of service and usage policies as accepted directly by Customer;

(ii) WebGrowly operates solely as a technical conduit that transmits input data from Customer's account to the AI provider using Customer's API key, and is not a party to Customer's contract with that provider;

(iii) WebGrowly makes no representations or warranties regarding the AI provider's availability, pricing, data-handling practices, or continued support of any model, and is not liable for any act or omission of the AI provider arising from Customer's use of Customer's API key;

(iv) Customer remains the controller of End-User Data sent to the AI provider, and Customer is responsible for ensuring that such transmissions comply with Customer's obligations under applicable law and the Data Processing Addendum.

(c) Assistance and Continuity. WebGrowly will provide reasonable advance notice to Customer of the approaching end of the initial 180-day AI period, will identify the options then available under this Section 6.2, and will provide reasonable assistance with Customer's selection and configuration, including (where Customer chooses option (b)) guided setup of the API-key configuration. The specific options available, their pricing, and their terms may evolve over time and are described on the WebGrowly product website and in Customer's account settings. WebGrowly does not commit under this Agreement to any specific option, pricing tier, or assistance timeframe beyond commercially reasonable efforts. If Customer does not select and activate an option under this Section 6.2 within a reasonable time after the end of the initial 180-day AI period, AI Features will cease to function, while non-AI Features of the Service continue to operate without additional charge.

6.3 No Guarantee of Continued AI Availability. We do not guarantee the continued availability of any third-party AI model. Third-party AI providers may change their APIs, pricing, terms, or availability without notice. If a third-party AI provider ceases service or changes its terms in a way that prevents us from offering a Feature, we may modify or remove that Feature without liability.

6.4 AI Output Disclaimer. AI output is probabilistic and may be inaccurate, incomplete, biased, offensive, misleading, or in violation of law. You are solely responsible for reviewing, editing, and verifying all AI output before using it in any communication, listing, contract, marketing material, financial calculation, or client-facing interaction. AI output is not legal, financial, tax, real estate, or professional advice. We make no representation or warranty regarding the accuracy, fitness, quality, or legality of any AI output.

6.5 AI Chat Widget on Your Website.

(a) Platform-Configured Service. The AI Chat Widget is a managed Feature that WebGrowly designs, configures, prompts, and tunes centrally. Unlike Customer-driven Features, the Widget's conversational behavior — including model selection, base system prompt, persona design, safety guardrails, fair-housing safeguards, refusal patterns, and overall response style — is controlled by WebGrowly and is not configurable by Customer beyond the limited settings exposed in the admin panel (such as language, opening greeting, business information, and knowledge-base content). WebGrowly's Widget design includes built-in, clear, conspicuous, and timely AI-assistant disclosures presented to website visitors at the start of each interaction (including a header identifying the Widget as an "AI Assistant," a prominent disclosure notice that responses are AI-generated and may be inaccurate, and a footer reminder), in a manner consistent with Section 5 of the Federal Trade Commission Act and applicable state-law disclosure standards. Such disclosure is platform-provided and is not configurable by Customer.

(b) Customer Inputs and Responsibilities. Customer is responsible for:

(i) the accuracy and lawfulness of the business information, listings, neighborhood descriptions, FAQ content, and other knowledge-base content Customer provides for the Widget to reference;

(ii) the decision to deploy or disable the Widget on Customer's hosted website;

(iii) periodic review of Widget conversation logs available in the admin panel and prompt notification to WebGrowly at support@webgrowly.com of any output that appears to be discriminatory, offensive, factually fabricated, or otherwise problematic, so that WebGrowly may investigate and remediate;

(iv) ensuring that the platform-provided AI-assistant disclosure displayed by the Widget (described in subsection (a) above) is not disabled, removed, hidden, or obscured by Customer's site customizations, custom CSS, theme overrides, third-party scripts, or other modifications;

(v) obtaining any consents required from Customer's website visitors under applicable privacy, telemarketing, or consumer-protection law, and honoring opt-out requests.

(c) Platform Responsibility. WebGrowly is responsible for the design and operation of the Widget's conversational behavior under subsection (a). WebGrowly will use commercially reasonable efforts to maintain fair-housing safeguards, accuracy guardrails, and safety filters in the base system prompt and infrastructure, and to investigate and remediate problematic outputs reported under (b)(iii) on a timely basis. WebGrowly disclaims warranty as to the perfection or completeness of these safeguards consistent with Section 6.4 (AI Output Disclaimer) and Section 15 (Disclaimer of Warranties).

(d) Fair Housing. Customer must not provide knowledge-base content, listings, or other inputs that, if reflected in Widget outputs, would violate the federal Fair Housing Act, the Florida Fair Housing Act, or comparable law. WebGrowly maintains baseline fair-housing safeguards in the platform-layer system prompt; Customer must not request that WebGrowly weaken or override those safeguards.

(e) Indemnification — Limited Carve-Out. Customer's indemnification obligation under Section 17 with respect to the Widget is limited to claims arising from: (i) Customer's knowledge-base content, listings, or other inputs; (ii) Customer's decision to deploy the Widget on Customer's hosted website; (iii) Customer's failure to display the AI-disclosure notice required by (b)(iv) or to obtain consents required by (b)(v); or (iv) Customer's failure to timely report problematic outputs under (b)(iii) once Customer was reasonably aware of them. Customer is not obligated to indemnify WebGrowly against claims arising solely from platform-layer design or behavior of the Widget under subsection (a) that Customer cannot configure, override, or reasonably foresee; such claims remain WebGrowly's responsibility under subsection (c).

6.6 SMS, WhatsApp, and Email Follow-Ups. You are solely responsible for obtaining prior express written consent from each recipient before using the AI Follow-Up Composer or any Feature to send SMS, MMS, WhatsApp, or email messages. You acknowledge that the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, imposes statutory damages of $500–$1,500 per unauthorized message, and the CAN-SPAM Act imposes separate requirements on commercial email. You agree to honor every opt-out request immediately. WebGrowly is not liable for any TCPA, CAN-SPAM, WhatsApp Business, or similar violation arising from Your use of any Feature.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE INDEPENDENTLY VERIFIED YOUR COMPLIANCE WITH THE TCPA, CAN-SPAM, FLORIDA TELEPHONE SOLICITATION ACT, AND ANY OTHER APPLICABLE TELEMARKETING, SMS, OR EMAIL MARKETING LAW BEFORE SENDING ANY MESSAGE THROUGH THE SERVICE, AND THAT YOU HAVE NOT RELIED ON ANY STATEMENT, REPRESENTATION, ASSURANCE, OR COMMUNICATION FROM WEBGROWLY (WHETHER ORAL, WRITTEN, IN MARKETING MATERIAL, OR IN THE PRODUCT INTERFACE) AS A SUBSTITUTE FOR INDEPENDENT LEGAL ADVICE OR INDEPENDENT VERIFICATION OF YOUR COMPLIANCE OBLIGATIONS.

6.7 Voice Notes. When You use the Voice Notes Feature, audio is transmitted to a third-party speech-to-text provider for transcription and is immediately deleted after the transcript is received. We do not store audio recordings. We do not create or store voiceprints or biometric identifiers. You are responsible for obtaining consent from any third party whose voice or identifying information You record.

6.8 Ownership of AI Output. Subject to third-party rights in the underlying AI model and its training data, output generated by AI Features from Customer's inputs becomes part of Customer's Content once Customer saves, publishes, transmits, or otherwise uses it. WebGrowly does not claim ownership of AI output. Customer is solely responsible for reviewing AI output and verifying that it does not infringe any third-party copyright, trademark, publicity right, or other right before using it in any communication, listing, marketing material, or client-facing interaction.

Subject to Your continuing compliance with these Terms and payment of the License Fee, WebGrowly grants You a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for Your internal business as a single, individual Florida-licensed real estate professional. The Service does not support brokerage accounts, team accounts, enterprise accounts, shared accounts, or multi-agent configurations, and no right is granted under this license to invite or authorize any additional person to access Your account.

The license continues in duration for as long as (i) the Service continues to be offered by WebGrowly, and (ii) You are in compliance with these Terms. Termination or suspension for breach ends the license. If WebGrowly discontinues the Service entirely, Section 14.4 governs.

7.1 Additional Agents. If more than one real estate professional within the same team, partnership, or brokerage wishes to use the Service, each individual must purchase a separate License Fee and maintain a separate customer account. WebGrowly does not offer team, brokerage, enterprise, or multi-seat licensing, and will not apply volume discounts, consolidated billing, or shared-account configurations for group purchases.

8.1 Your Content. "Your Content" means any data, text, images, voice, prompts, CRM records, lead information, property listings, logos, branding, or other materials You submit to the Service.

8.2 Ownership. You retain all right, title, and interest in Your Content. We do not claim ownership of Your Content.

8.3 License to Us. You grant WebGrowly a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, modify (solely for formatting and rendering purposes), and create derivative works from Your Content solely as necessary to operate the Service, provide support, prevent abuse, and comply with law. This license ends when Your Content is deleted from the Service, except for copies retained in backups for the period specified in our Privacy Policy.

8.4 Your Responsibility. You represent and warrant that You have all rights, consents, and authorizations necessary to submit Your Content to the Service and to grant the license above. You are solely responsible for the accuracy, legality, and appropriateness of Your Content, including consent from any identified individual.

8.5 End-User Data. When You or Your users submit personal information about third parties (homebuyers, sellers, tenants, website visitors, or anyone else) to the Service, You are the controller of that data and WebGrowly is a processor. Your obligations for that data are governed by the Data Processing Addendum, which is incorporated by reference and forms part of these Terms.

8.6 Marketing Reference Rights. WebGrowly may publicly reference Customer's business name, brokerage affiliation, logo, professional photograph, case-study details, or any other identifying information about Customer in WebGrowly's marketing materials, website, sales collateral, investor communications, or other public-facing materials only with Customer's prior, specific, written or in-product consent. Such consent, where granted, is limited to the specific use case for which it is given and may be revoked at any time by email to legal@webgrowly.com, in which case WebGrowly will remove such references from materials going forward within thirty (30) days; existing printed, archived, or already-distributed materials may remain unchanged. This Section does not authorize WebGrowly to use End-User Data (as defined in the Data Processing Addendum) for any marketing purpose.

8.7 Data Portability During Active Use. Customer may, at any time during the term and not only upon termination, request an export of Customer's structured data (including leads, properties, transactions, and invoices) through export tools provided in the admin panel or by written request to support@webgrowly.com. WebGrowly will respond within a commercially reasonable time, typically within ten (10) business days, in a commercially reasonable format (such as CSV or JSON). This right is in addition to, and does not replace, the post-termination export rights in Section 14.3(c).

You agree to use the Service only in compliance with all applicable laws and professional obligations, including but not limited to:

(a) Fair Housing Act (42 U.S.C. § 3601 et seq.) and the Florida Fair Housing Act (Fla. Stat. § 760.20 et seq.). You shall not use any Feature, including AI-generated listing descriptions, chat widgets, email/SMS messaging, or audience-targeting tools, to discriminate, steer, or advertise in a manner that violates protected classes under federal or state fair-housing law.

(b) Real Estate Settlement Procedures Act (RESPA) and Florida Real Estate Commission (FREC) advertising rules (Fla. Admin. Code 61J2 and Fla. Stat. Ch. 475). You are responsible for including all brokerage identification, license numbers, and other disclosures required in Your advertising and client communications, including those generated by AI Features.

(c) Telephone Consumer Protection Act (TCPA), Florida Telephone Solicitation Act (Fla. Stat. § 501.059), CAN-SPAM Act (15 U.S.C. § 7701 et seq.), and applicable SMS and email laws. See Section 6.6.

(d) Multiple Listing Service (MLS) and IDX licensing terms. If You ingest, display, or process MLS or IDX data through the Service, You are responsible for complying with all licensing terms imposed by Your MLS, including redistribution, caching, attribution, and update-frequency requirements.

(e) Privacy and consumer-protection laws applicable to the personal information of Your end-users, clients, and website visitors. You must maintain Your own privacy policy on Your hosted website disclosing Your data practices. You must obtain all consents required by law from Your end-users.

(f) Third-party scraping. If You use Features that extract listing data from third-party sites (e.g., Smart Extract from MLS/Zillow/Redfin URLs), You are responsible for complying with those sites' terms of service and data-licensing rules.

(g) Truthfulness. You shall not use the Service to publish false, misleading, defamatory, or deceptive content about any property, person, or business.

(h) Website Accessibility.

(i) WebGrowly Efforts. WebGrowly strives to build the Service's templates, themes, and admin-panel-rendered components in a manner consistent with the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA and publishes an accessibility statement on each hosted website describing those efforts. WebGrowly does not, however, warrant that the Service, any template, or Customer's resulting hosted website conforms to WCAG 2.2, the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, or any other specific accessibility standard, and WebGrowly does not perform or commission formal third-party accessibility audits of the Service.

(ii) Customer Responsibility. Customer is solely responsible for the accessibility of all content Customer uploads, enters, or configures through the Service, including but not limited to image alt-text, document formats (PDFs, videos, audio), embedded third-party widgets, custom HTML, and text content, and for ensuring Customer's overall hosted website meets the accessibility requirements applicable to Customer's business and jurisdiction.

(iii) No Liability; Indemnity. WebGrowly is not liable for any claim, demand letter, lawsuit, settlement, or regulatory action alleging that Customer's hosted website fails to meet ADA, WCAG, or other accessibility standards, and Customer will indemnify WebGrowly against any such claim under Section 17.

(iv) WebGrowly OS Admin Application. WebGrowly OS, the password-protected administrative application accessed by Customer through app.webgrowly.com, is a business productivity tool intended for Customer's authenticated use as a sole-practitioner real estate professional. As an authenticated, single-customer business application, the admin application is not a place of public accommodation under Title III of the Americans with Disabilities Act, and the public-website accessibility framework set out in subsections (i)–(iii) does not apply to it. WebGrowly nonetheless makes commercially reasonable efforts to incorporate baseline accessibility patterns through its component library — including keyboard navigation, focus management, ARIA attributes, semantic structure, and reduced-motion support provided by the Radix UI primitives used throughout the application. WebGrowly does not warrant that the admin application conforms to WCAG 2.2, the ADA, Section 508 of the Rehabilitation Act, or any other specific accessibility standard.

(v) Accommodation Requests. If Customer, or any individual whom Customer is authorized to enable to use the Service under Section 3.2 (i.e., Customer's own access), requires an accommodation to access or use the admin application or any other component of the Service, Customer may request an accommodation by emailing accessibility@webgrowly.com with the subject line "Accessibility Accommodation". WebGrowly will use commercially reasonable efforts to acknowledge the request and to respond with a proposed accommodation or alternative workflow on a timely basis appropriate to the nature of the request. Reasonable accommodations that WebGrowly may offer include, without limitation: a guided walkthrough by WebGrowly personnel via voice or video call; an alternative configuration of the admin panel; modified workflows; provision of data export in a screen-reader-friendly format; or other commercially feasible accommodations. WebGrowly retains sole discretion to determine which accommodation is reasonable, feasible, and appropriate in light of the technical and operational constraints of the Service. Nothing in this subsection creates an enforceable right to a specific response time, a specific accommodation, or a particular outcome.

You acknowledge that WebGrowly is not a law firm, financial advisor, tax advisor, real estate broker, or compliance auditor. We do not monitor or review Your use of the Service for legal compliance.

Your use of the Service is governed by our Acceptable Use Policy ("AUP"), incorporated here by reference. Prohibited conduct includes, without limitation: reverse engineering, decompiling, or disassembling the Service; scraping or systematic extraction of Service data other than through permitted export tools; sharing or reselling access; using the Service to build or improve a competing product; attempting to bypass rate limits or security controls; uploading malware; or using the Service to engage in illegal activity.

Violation of the AUP may result in immediate suspension or termination without refund.

11.1 General. The Service integrates with, relies on, or links to third-party services, including Vercel, Supabase, OpenAI, Resend, Twilio, Upstash, Sentry, Mapbox, Zapier, and others (each, a "Third-Party Service"). Third-Party Services are provided by independent providers under their own terms of service and privacy policies. WebGrowly is not responsible for the availability, accuracy, quality, or security of any Third-Party Service, and any interruption, error, or liability originating from a Third-Party Service is not attributable to us.

11.2 Notifications and Reminders. Notifications, reminders, and alerts delivered through the Service to Customer (including SMS, email, and in-app alerts regarding leads, tasks, appointments, deals, or system events) are provided on a best-effort basis and depend on third-party delivery infrastructure (including SMS carriers, email providers, and recipient device settings). Such notifications may be delayed, throttled, undelivered, or missed for reasons outside WebGrowly's control, including third-party provider outages (such as Twilio or Resend), carrier-level filtering, spam classification, recipient device offline status, network connectivity issues, or recipient mailbox/inbox configuration. Customer should not rely solely on Service notifications for time-critical business operations and is encouraged to maintain alternative tracking methods — including calendar reminders, phone alarms, or other independent means — for appointments, deadlines, follow-ups, and other matters that materially affect Customer's business. WebGrowly is not liable for any consequences arising from delayed, missed, or undelivered notifications, including (without limitation) missed appointments, lost client opportunities, or commission impacts; such outcomes are governed by Sections 15 and 16 of these Terms.

WebGrowly retains all right, title, and interest, including all intellectual property rights, in and to the Service, the Features, our trademarks (including "WebGrowly"), our documentation, AI prompt templates, design templates, neighborhood content, calculator logic, and all modifications and derivative works (collectively, "Our IP"). Except for the license expressly granted in Section 7, nothing in these Terms transfers any right, title, or interest in Our IP to You.

Feedback, suggestions, and ideas You voluntarily provide about the Service may be used by WebGrowly without obligation, attribution, or compensation.

We may suspend Your access to the Service immediately and without notice if we reasonably believe: (a) Your use violates these Terms, the AUP, or applicable law; (b) Your account poses a security risk to the Service or other users; (c) Your use is causing or likely to cause material harm to WebGrowly or any third party; or (d) suspension is required by law, court order, or legitimate government request.

WebGrowly will review each suspension at least every thirty (30) days and will either (i) restore access, (ii) provide Customer a written explanation of the continued suspension and the conditions for restoration, or (iii) convert the suspension into termination under Section 14.2. A suspension that continues for more than ninety (90) days without resolution is treated as termination under Section 14.3 for purposes of Customer's 30-day export window (which commences on day 91 of the suspension).

14.1 Termination by You. You may terminate Your account at any time by emailing support@webgrowly.com. Termination does not entitle You to a refund of the License Fee unless the termination occurs within the fourteen (14)-day refund window in Section 5.3.

14.2 Termination by Us. We may terminate these Terms and Your account for: (i) material breach not cured within 14 days of written notice; (ii) non-curable material breach (including license lapse or revocation as referenced in Section 3.3); (iii) insolvency or bankruptcy-related events; or (iv) fraud, payment reversal or dispute, or unauthorized use.

14.3 Effect of Termination. Upon termination: (a) Your license to use the Service ends immediately; (b) we will initiate disconnection of Your custom domain from our infrastructure within 7 days (final DNS propagation depends on Your registrar and name-server configuration, which is outside our control); (c) You will have thirty (30) days to export Customer's structured data (including leads, properties, transactions, and invoices) through export tools provided in the admin panel or, where such tools are not available, by written request to support@webgrowly.com, in which case WebGrowly will provide the data in a commercially reasonable format (such as CSV or JSON) within the export window; (d) after 30 days, we will delete Your Content in accordance with our Privacy Policy, subject to legal-hold and backup retention; (e) any provisions that by their nature survive termination (including Sections 5, 6.5(e), 6.8, 8.3, 8.6, 9(h)(iii), 12, 15, 16, 17, 18, 19, 20, 25, and 26) survive.

14.4 Service Continuity and Discontinuation. WebGrowly is committed to providing the Service to its Customers for the duration of WebGrowly's operations. WebGrowly does not, however, warrant or guarantee that the Service will be available indefinitely, and Customer acknowledges that the License Fee purchases a license to use the Service for as long as WebGrowly continues to offer it, on the terms set out in this Section.

If WebGrowly determines that it must permanently discontinue the Service, WebGrowly will, where practicable, take the following steps to support Customers in transitioning to alternative services:

(a) Notice. Provide at least ninety (90) days' prior written notice of the planned discontinuation date to active Customers via the email address associated with their account.

(b) Data Export. Maintain Customer's data export tools as described in Section 14.3(c) for at least sixty (60) days following the discontinuation notice, allowing Customer to retrieve all leads, contacts, properties, transactions, and invoice records in commercially reasonable formats (such as CSV or JSON).

(c) Migration Assistance. Provide commercially reasonable migration assistance during the transition period, including documentation, data export support via support@webgrowly.com, and where reasonably feasible, recommendations for alternative real-estate technology services to which Customer's data may be transferred.

(d) Website Source Code Transfer. Upon discontinuation, WebGrowly will deliver, no later than the effective date of discontinuation, to each Customer whose Service Activation Date (as defined in §5.3(b)) is at least ninety (90) days prior to the effective date of discontinuation the source code, configuration files, and Customer-authored content comprising Customer's hosted public-facing website (the "Website Bundle"), in a self-hostable format suitable for deployment on a third-party hosting provider of Customer's choice. The Website Bundle is provided "as-is," without warranty of any kind (including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement), on a one-time basis. The Website Bundle does not include, and Customer acknowledges that WebGrowly has no obligation to transfer: (i) source code, configuration, or any portion of the WebGrowly OS administrative platform, CRM, AI tooling, backend infrastructure, or related systems, all of which remain WebGrowly's exclusive intellectual property; (ii) third-party licensed assets that WebGrowly does not have the right to sublicense (including but not limited to stock photography or video, font licenses, third-party plugin or library code, premium icon sets, or proprietary template designs licensed to WebGrowly only for use within the Service); or (iii) any AI Feature, integration, or hosted backend functionality that depends on WebGrowly's continuing operations or third-party API access. Where the Website Bundle as transferred contains references to assets falling under category (ii), Customer is responsible for obtaining replacement licenses or substitute assets prior to redeploying the Website Bundle. WebGrowly's obligation under this subsection (d) is excused only where: (1) the discontinuation qualifies as an emergency discontinuation as defined in the paragraph immediately following subsection (e) below; (2) Customer's account has been suspended or terminated for material breach of these Terms prior to the discontinuation notice; or (3) WebGrowly is legally prohibited from making the transfer by court order, regulatory action, or operation of law.

(e) Goodwill Considerations. Where discontinuation occurs due to circumstances within WebGrowly's reasonable control (and not as a result of force majeure, insolvency, regulatory action, or other operational impossibility), WebGrowly may, in its sole and absolute discretion, offer affected Customers either a partial credit toward a successor or partner real-estate technology service (where such partner is willing to honor the credit) or a goodwill payment based on WebGrowly's then-current financial position. Any such credit or payment is offered on a discretionary basis only, does not establish a contractual entitlement, and does not establish a precedent applicable to any other Customer or future event.

In the event of an emergency discontinuation (including but not limited to insolvency, force majeure, regulatory action, or other circumstances making continued operation impossible or commercially impracticable), the ninety (90)-day notice and sixty (60)-day export window may be shortened to the maximum periods reasonably feasible under the circumstances, and the Website Bundle delivery in subsection (d) and goodwill consideration in subsection (e) may not be available.

The actions set out in this Section 14.4 are Customer's sole and exclusive remedy in the event of discontinuation. Customer is not entitled to any cash refund, credit, or other compensation for the License Fee upon discontinuation as a matter of contractual right, except as expressly provided in subsection (e) above to the extent WebGrowly elects to exercise its discretion thereunder.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBGROWLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF DATA, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WEBGROWLY DOES NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) AI OUTPUT WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR LAWFUL; (c) FINANCIAL CALCULATORS OR DEAL ANALYSIS WILL BE ACCURATE OR CONSTITUTE FINANCIAL ADVICE; (d) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (e) ANY DATA WILL BE PRESERVED WITHOUT LOSS.

YOU ACKNOWLEDGE THAT YOU RELY ON YOUR OWN PROFESSIONAL JUDGMENT AND INDEPENDENT VERIFICATION IN ALL DEALINGS WITH CLIENTS AND PROSPECTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL WEBGROWLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST OPPORTUNITIES; LOST CLIENTS; LOSS OF DATA; OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

(b) LIABILITY CAP. THE TOTAL AGGREGATE LIABILITY OF WEBGROWLY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (i) THE TOTAL LICENSE FEE ACTUALLY PAID BY YOU TO WEBGROWLY FOR THE SERVICE, OR (ii) ONE HUNDRED US DOLLARS ($100).

(c) ESSENTIAL BASIS. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WEBGROWLY WOULD NOT OFFER THE SERVICE AT THE STATED LICENSE FEE WITHOUT THEM.

Some jurisdictions do not allow certain limitations; those limitations apply to You only to the extent permitted by law.

You agree to defend, indemnify, and hold harmless WebGrowly, its officers, members, employees, and agents from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

(a) Your Content or any action taken with Your Content by You; (b) Your use of the Service, including any AI output, Chat Widget operation, SMS or email sent via the Service, or listing content You publish; (c) Your violation of these Terms, the AUP, the DPA, or applicable law, including the Fair Housing Act, TCPA, CAN-SPAM, FREC rules, MLS license terms, and privacy laws; (d) Any claim by Your end-users, clients, website visitors, or any other person that their personal information was collected, used, or disclosed in connection with Your use of the Service in violation of law, these Terms, or the DPA; (e) Your domain, DNS configuration, or actions by Your registrar; (f) Any third-party claim that Your Content infringes intellectual property or privacy rights.

WebGrowly will promptly notify You of any claim, tender defense to You (You may appoint counsel of Your reasonable choice, subject to our approval not unreasonably withheld), and cooperate reasonably at Your expense. You may not settle any claim in a way that imposes obligations on WebGrowly without our prior written consent.

Customer's obligations under this Section 17 are not subject to the limitation of liability in Section 16(b) and shall apply regardless of whether the underlying claim arises in contract, tort, statute, or otherwise. Specific carve-outs to the indemnification obligation under this Section are set out in Section 6.5(e) (AI Chat Widget — Limited Indemnification Carve-Out).

WebGrowly is not liable for any failure or delay in performance caused by events beyond our reasonable control, including without limitation acts of God, war, terrorism, civil unrest, pandemic, government action, labor disputes, telecommunications or internet outages, cyberattacks, or failures or outages of Third-Party Services (including OpenAI, Vercel, Supabase, Resend, Twilio, Upstash, Sentry, Mapbox, or any cloud provider). During any such event, our obligations under these Terms are suspended to the extent affected.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

19.1 Agreement to Arbitrate. You and WebGrowly agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between You and WebGrowly (each, a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

19.2 Seat and Venue. The seat and place of arbitration is Miami-Dade County, Florida. The arbitration will be conducted in English, by a single arbitrator. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

19.3 Class-Action Waiver. You and WebGrowly waive any right to bring or participate in a class action, collective action, mass action, or representative proceeding. The arbitrator may award relief only on an individual basis and may not consolidate claims or preside over any class, collective, or representative proceeding. If this waiver is found unenforceable, the underlying dispute must be litigated in court rather than arbitration, but the remainder of this Section 19 survives.

19.4 Opt-Out. You may opt out of this Section 19 by emailing legal@webgrowly.com with the subject "Arbitration Opt-Out" within thirty (30) days of the Effective Date as reflected on the DocuSign Certificate of Completion (or, for Customers who did not execute via DocuSign, within thirty (30) days of account creation). Your opt-out must include Your full name, the email address used to execute the Master Service Agreement, and a clear statement that You wish to opt out. If You opt out, Section 20 (governing law, courts) applies to all Disputes.

19.5 Exceptions. Notwithstanding Section 19.1, either party may (a) bring an individual action in small-claims court for claims within its jurisdictional limit, (b) seek injunctive or equitable relief in a court of competent jurisdiction in Miami-Dade County, Florida, to protect intellectual property, confidentiality, or enforce the AUP, and (c) bring suit to collect unpaid fees.

19.6 Fees. Arbitration fees will be allocated as provided by the AAA Commercial Rules.

19.7 Severability. If any part of this Section 19 is held unenforceable (other than the class-action waiver, which is governed by Section 19.3), the remainder survives.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration under Section 19, the exclusive venue is the state and federal courts located in Miami-Dade County, Florida, and You consent to the personal jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.1 Non-Material Changes. The parties acknowledge that the Service is expected to evolve over time and that the substantial majority of changes to the Service and these Terms are non-material. WebGrowly may make non-material changes to these Terms by email notice to the address associated with Your account and by updating the "Last Updated" date. Continued use of the Service thirty (30) days after such notice constitutes acceptance of the non-material changes. Without limitation, the following changes are deemed non-material and may be made at any time without affirmative acceptance:

(a) Clarifications, typographical corrections, formatting changes, and contact-information updates;

(b) Addition of new Features, tools, integrations, or modules to the Service, including features that supplement, extend, or modify existing core Features;

(c) Technical, performance, infrastructure, or user-interface improvements;

(d) Bug fixes, security updates, and operational improvements;

(e) Updates to pricing, packaging, or terms applicable to NEW customer accounts purchased after the effective date of the change, without affecting the License Fee or terms of any existing customer;

(f) Subprocessor list changes governed by DPA §5.3;

(g) Modification, replacement, or removal of any Feature, integration, or module other than the core Service categories enumerated in §21.2(e) below.

21.2 Material Changes. Only the following changes are deemed "material" and require Customer's affirmative acceptance via electronic signature (DocuSign or equivalent):

(a) Reduction of the liability cap in Section 16(b);

(b) Introduction or material modification of the arbitration clause, class-action waiver, or governing-law and venue provisions in Sections 19 and 20;

(c) Material expansion of WebGrowly's permitted use of End-User Data beyond the scope set out in the Data Processing Addendum (subprocessor list updates remain governed by DPA §5.3);

(d) Removal of, or material reduction in, Customer's rights expressly granted in these Terms, including the refund right in §5.3, the data export right in §14.3(c), the Website Source Code Transfer right in §14.4(d), the marketing-consent requirement in §8.6, or the introduction of new mandatory fees applicable to existing Customers that were not contemplated at the time of Customer's purchase;

(e) Discontinuation or material reduction of any of the following core Service categories that, at the time of Customer's purchase, were a material basis of Customer's purchase decision: (i) the hosted real estate website at Customer's custom domain; (ii) the Visual CRM and lead pipeline; (iii) AI Features collectively (the addition, modification, replacement, or removal of any specific AI tool while preserving overall AI capability is non-material under §21.1(b) and (g) and does not trigger this subsection); or (iv) the outbound communication module (email, SMS, or AI chat widget).

Customer's continued use of the Service does not constitute acceptance of material changes absent such affirmative acceptance.

If Customer declines to execute the amended Terms within sixty (60) days of delivery of the proposed amendment, Customer may elect either:

(a) Terminate this Agreement and receive a pro-rated refund calculated as (License Fee actually paid by Customer) × (12 − months_since_purchase) ÷ 12, with no refund payable if more than twelve (12) months have elapsed since Customer's original purchase. This refund is Customer's sole and exclusive remedy for declining to execute the amended Terms under this subsection (a); or (b) Continue using the Service under the unamended Terms until WebGrowly discontinues support of the unamended version, at which point Section 14.4 (which does not entitle Customer to a refund) applies.

21.3 Archive. Prior versions of these Terms are archived and available on request to legal@webgrowly.com. The Effective Date of each version is preserved.

22.1 Notices to Customer. Notices to You will be sent to the primary email address associated with Your account in the Service. If no such address has been established, notices will be sent to the email address used to execute the Master Service Agreement (as reflected on the DocuSign Certificate of Completion or equivalent electronic-signature record). Notices are effective upon sending. Customer is solely responsible for keeping the primary account email current and for monitoring that inbox.

22.2 Notices to WebGrowly. Notices to WebGrowly must be in writing and sent to legal@webgrowly.com with a copy to:

WebGrowly LLC Attn: Legal 407 Lincoln Rd, Ste 6H, PMB 529 Miami Beach, FL 33139, United States

23.1 Entire Agreement and Order of Precedence. These Terms, together with the Privacy Policy, the Data Processing Addendum ("DPA"), and the Acceptable Use Policy ("AUP"), constitute the entire agreement between You and WebGrowly regarding the Service and supersede all prior agreements and understandings.

In the event of any conflict or inconsistency between the four documents, the following order of precedence applies, from highest to lowest:

(i) the DPA, but only with respect to the processing of End-User Data; (ii) these Terms, for all other matters; (iii) the AUP, for permitted use and acceptable conduct; (iv) the Privacy Policy, for disclosures about data collection and use.

Where a matter is addressed only in one document, that document governs without reference to this order.

23.2 No Waiver. Failure to enforce any provision is not a waiver of that provision.

23.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

23.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in a merger, acquisition, reorganization, or asset sale.

23.5 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.

23.6 No Third-Party Beneficiaries. These Terms do not create any third-party-beneficiary rights.

23.7 Construction. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

23.8 Export. You represent that You are not on any U.S. government restricted-party list and will not use the Service in violation of U.S. export laws.

23.9 U.S. Federal Government End Users. The Service is a "commercial item" as defined in FAR 2.101. Government end users receive only those rights in the Service described in these Terms.

For questions about these Terms, contact:

WebGrowly LLC Attn: Legal 407 Lincoln Rd, Ste 6H, PMB 529 Miami Beach, FL 33139, United States Email: legal@webgrowly.com

WebGrowly respects the intellectual property rights of others and operates the Service consistent with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If You believe material accessible through the Service, including material uploaded or published by a Customer to a Customer-hosted website, infringes a copyright You own or are authorized to act on behalf of, You may submit a notice of claimed infringement to WebGrowly's designated DMCA agent.

25.1 Designated DMCA Agent.

WebGrowly LLC Attn: DMCA Agent 407 Lincoln Rd, Ste 6H, PMB 529 Miami Beach, FL 33139, United States Email: dmca@webgrowly.com

WebGrowly's designation of an agent to receive notifications of claimed infringement is on file with the U.S. Copyright Office and available through the public directory at https://dmca.copyright.gov/osp/.

25.2 Notice Requirements. To be effective under 17 U.S.C. § 512(c)(3), a notice of claimed infringement must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit WebGrowly to locate it; (d) contact information for the notifying party; (e) a statement that the notifying party has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that the notifying party is authorized to act.

25.3 Response. Upon receipt of a compliant notice, WebGrowly will promptly remove or disable access to the allegedly infringing material and notify the Customer who uploaded it. Customer may submit a counter-notice under 17 U.S.C. § 512(g). WebGrowly will, in appropriate circumstances and in its sole discretion, terminate the accounts of users who are repeat infringers in accordance with Section 14.2.

25.4 Misrepresentations. Any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages under 17 U.S.C. § 512(f).

If You believe You have discovered a security vulnerability in the Service, please report it to security@webgrowly.com with the subject line "Security Report". WebGrowly will acknowledge receipt within seventy-two (72) hours and investigate.

WebGrowly will not pursue legal action against security researchers who:

(a) report vulnerabilities in good faith; (b) do not exploit discovered vulnerabilities beyond what is reasonably necessary to demonstrate them; (c) do not publicly disclose vulnerabilities before WebGrowly has had a reasonable opportunity to remediate (typically ninety (90) days from the date of WebGrowly's acknowledgment, extended by mutual agreement where remediation requires additional time); (d) do not access, modify, exfiltrate, or retain data belonging to any Customer, end user, or third party beyond the minimum required to demonstrate the vulnerability; (e) do not use automated scanning tools that degrade Service availability for other users; and (f) do not engage in social engineering of WebGrowly personnel or Customers.

This Section does not waive WebGrowly's rights under applicable computer-fraud, intellectual-property, or contract law against persons who exceed the scope of this good-faith disclosure framework.

By executing a Master Service Agreement incorporating these Terms (including via DocuSign or other electronic signature), clicking "I Agree," creating an account, or using the Service, You acknowledge that You have read, understood, and agree to these Terms, the Privacy Policy, the Data Processing Addendum, and the Acceptable Use Policy. See Section 3.1 for acceptance via Master Service Agreement.