Terms of Service

Last Updated: April 2026

These Terms of Service ("Terms") govern your access to and use of TopShelf AI ("Platform"), including the website at gettopshelf.ai, all related websites, APIs, mobile applications, and services provided by TopShelf AI and its affiliates (collectively, the "Service").

By clicking "I Accept," creating an account, or by downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our ADA & Accessibility Statement, and any other applicable policies that TopShelf AI may publish or make available from time to time. If you do not agree, or are not eligible to use the Service, please discontinue use immediately.

Your continued use of the Service constitutes your acceptance of these Terms and forms a legally binding agreement between you and TopShelf AI ("we," "us," or "our").

PLEASE READ CAREFULLY. Section 5 ("Subscriptions and Billing") contains important information about automatic renewal of your paid subscription. Section 23 ("Governing Law, Dispute Resolution & Arbitration") contains a binding arbitration agreement and a class-action waiver that affect your legal rights. You may opt out of the arbitration agreement within 30 days of first accepting these Terms as described in Section 23.

1. Eligibility

To use the Service, you must:

Be at least eighteen (18) years old.
Agree to these Terms and complete the registration process.
Provide accurate, complete, and current contact and billing information.
Not have been previously suspended or removed from the Service.

By using the Service, you represent and warrant that you meet these requirements and that your use complies with applicable laws and regulations. If you represent a company or organization, you affirm that you have the authority to bind that entity to these Terms.

Children Under 13. The Service is not directed to children under the age of 13, and we do not knowingly collect personal information from anyone under 13. If you believe we have collected information from a child under 13, please contact us at [email protected] and we will take reasonable steps to delete it in accordance with the Children's Online Privacy Protection Act ("COPPA").

2. Accounts and Registration

To access most features, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify TopShelf AI immediately of any unauthorized use or breach of security. You may be held liable for losses resulting from your failure to secure your credentials.

You may not use another person's account without their explicit permission. TopShelf AI is not liable for losses arising from unauthorized account use.

Account Types

TopShelf AI may support different account structures, including:

Standalone accounts, which are individual or team accounts that contract directly with TopShelf AI.
Brokerage HQ accounts, which represent a brokerage organization and may manage affiliated child accounts, offices, shared branding, routing, and other brokerage-level settings.
Affiliated child accounts, which are individual or team accounts that may be invited, linked, or managed in part by a brokerage HQ account.

Unless TopShelf AI expressly agrees otherwise in a separate written agreement, each tenant account is a direct customer of TopShelf AI. A brokerage invitation, affiliation, or administrative relationship does not, by itself, eliminate the separate contractual relationship between TopShelf AI and the child account.

If you create, activate, claim, or continue using an affiliated child account, you represent that you have authority to accept these Terms for that account.

Brokerage-Managed Features

While an affiliated child account remains attached to a brokerage HQ account, the brokerage relationship may control or influence certain account-level features, including:

shared branding and brokerage identity,
office assignments,
roster placement,
lead-routing rules,
public-site path structure, and
other settings that TopShelf AI designates as brokerage-managed features.

TopShelf AI may rely on instructions from the brokerage HQ account for those brokerage-managed features while the affiliation remains active. The brokerage HQ account represents and warrants to TopShelf AI that it has authority under applicable brokerage agreements, supervision rules, and licensing laws to manage those features on behalf of each affiliated child account and to configure shared branding, roster placement, and lead routing as submitted.

While an affiliated child account is attached to a brokerage HQ account, the following categories of data may be shared between the HQ account and the child account as part of the Service:

account status, plan, SKU, and feature-entitlement metadata;
roster, office, and agent assignment data;
brokerage-managed branding and site-configuration data;
aggregated or routing-related information necessary to deliver leads to the appropriate agent or office; and
activity and support information reasonably necessary to administer the affiliation.

By operating a brokerage HQ account or affiliated child account, you acknowledge and authorize this data sharing for so long as the affiliation is active, subject to our Privacy Policy and applicable law.

Child-Initiated Detachment

An affiliated child account may request to detach from its brokerage HQ at any time through the account dashboard or by contacting [email protected]. Detachment may require the child account to:

accept the then-current TopShelf AI terms as a standalone account,
select or maintain an eligible SKU,
remove brokerage-managed branding and content, and
complete any reasonable operational steps TopShelf AI requires to safely unwind shared branding, roster placement, lead routing, and public-site path structure.

Detachment does not, by itself, relieve the child account of any outstanding obligations it owes to TopShelf AI.

3. Term

These Terms take effect once you create an account or begin using the Service and remain in effect until your account is terminated. Any outstanding payments or obligations owed to TopShelf AI before termination remain payable upon cancellation.

4. Use Restrictions & Prohibited Activities

You agree that you will not, and will not permit any third party to:

Access or use the Services if you are a direct competitor of TopShelf AI, except with our prior written consent.
Access the Services for the purposes of competitive research, benchmarking, or developing a competing product or service.
Scrape, crawl, or use any automated system to extract data from the Platform for the purpose of reverse-engineering our AI listing description logic or website templates.
Use the Service to distribute malware, spam, unlawful content, or content that infringes intellectual property rights.
Use the Service for any illegal activity or in violation of applicable laws.
Attempt to bypass security measures, gain unauthorized access, or disrupt the Service.
Harass, abuse, or harm other users or third parties.

5. Subscriptions and Billing

TopShelf AI may offer paid access to the Service through various subscription plans. All fees are stated in U.S. Dollars (USD) and are non-refundable unless otherwise stated.

You will be notified of applicable plan pricing before being charged. Subscriptions renew automatically according to your selected billing period unless canceled as outlined below.

Automatic Renewal and Cancellation Notice (California ARL and Similar Laws)

Your subscription will automatically renew. Unless you cancel at least 24 hours before the end of your then-current billing period, your subscription will automatically renew for another period of the same length at the then-current renewal rate, and you authorize TopShelf AI to charge your payment method on file.

Renewal frequency: Monthly or annual, based on the plan you selected.
Renewal amount: The then-current renewal rate for your plan, which may differ from your initial promotional rate.
How to cancel: You may cancel at any time through your account dashboard (Settings → Billing → "Undo cancellation" / cancel subscription) or by emailing [email protected]. Cancellation takes effect as described in Section 6.
Notice: For subscriptions subject to California Business & Professions Code §§ 17600–17606 or similar auto-renewal laws, we will send a renewal reminder before annual renewal where required by law.

Pricing, Price Changes, and Taxes

TopShelf AI reserves the right to modify pricing at any time, effective upon your next renewal. Material price changes will be communicated to you at least 30 days before they take effect, either by email to the address on file or through an in-product notice. If you do not agree to a price change, you may cancel before the change takes effect. If you cancel and later reactivate your subscription, new rates may apply.

All fees are exclusive of applicable taxes, duties, and assessments (including sales, use, VAT, or similar taxes), which you are responsible for paying, except for taxes on TopShelf AI's net income.

Payment Authorization

By providing a valid payment method, you authorize TopShelf AI (and its payment processors) to charge recurring subscription fees and applicable taxes, and to perform pre-authorization holds to verify account validity. You are responsible for any payment-provider fees assessed against your account. If a charge is declined, we may retry, suspend the Service, or terminate your account.

Billing Period

Your billing period begins on the date you subscribe (or after any free trial) and recurs according to your chosen plan. To view your next billing date, log in to your TopShelf AI account.

Brokerage HQ and Child Billing

Brokerage HQ accounts and affiliated child accounts may have different SKUs, plan entitlements, or billing paths. Unless TopShelf AI expressly states otherwise in writing:

a brokerage HQ plan covers the brokerage HQ account only and any brokerage-specific features expressly included with that plan,
an affiliated child account must maintain its own valid plan or SKU if required for its account type or feature set, and
detaching a child account from a brokerage may require that child account to accept then-current TopShelf AI terms, select or maintain an eligible SKU, and configure its own branding, domain, and operational settings.

TopShelf AI may suspend, limit, or change access to features if the required SKU, subscription, or billing status for a specific account is missing or inactive.

Brokerage HQ Tier Pricing

Brokerage HQ subscription pricing and affiliate-agent discounts are tiered based on the number of actively-paid affiliated child accounts ("paid agents") attached to the brokerage HQ at any given time. A child account is counted as "paid" only when it holds an active, non-trial, non-canceled subscription. Tier assignment is recomputed automatically on account changes (attach/detach, subscription start/end, payment status changes) and at least once per day.

The current tiers are:

| Tier | Paid Agents | HQ Monthly Price | Affiliate Agent Discount | | ------------- | ----------- | ---------------- | ------------------------ | | Solo | 0–1 | $149 | 30% off retail | | Boutique | 2–4 | $79 | 40% off retail | | Growth | 5–14 | $29 | 50% off retail | | Scaled | 15+ | $0 | 55% off retail |

When the paid-agent count crosses a tier boundary, the following apply automatically:

HQ subscription: The brokerage HQ's subscription price is updated at the next proration, effective for the current billing cycle (prorated credit or debit as applicable).
Affiliate-agent discount: Each affiliated child's recurring discount coupon is replaced with the new tier's coupon. The new percent-off applies to the child's next invoice and all subsequent invoices while affiliation continues. Prior invoices are not retroactively adjusted.
Discount portability: Affiliate discounts apply only while the child is attached to the brokerage. Detaching a child terminates the tier coupon; the child will be billed at standard retail rates on its next invoice unless another discount applies.

TopShelf AI may adjust the tier thresholds, prices, or discount percentages on prospective notice (at least 30 days where required). Tier changes never reduce the HQ's access to features on the HQ's current plan mid-cycle.

One-time setup fee. A one-time $299 brokerage setup fee is charged on the first brokerage HQ invoice for new brokerage organizations. This fee is waived for brokerage organizations created during any announced launch-promo window (currently 90 days from organization creation), and the waiver status is reflected in the HQ account's billing panel.

6. Cancellations and Refunds

You may cancel your subscription through your account dashboard or by emailing [email protected]. When you cancel through the dashboard, your subscription is scheduled to end at the end of your current billing cycle; no additional notice period applies.

When Cancellation Takes Effect

Unless otherwise stated, cancellations take effect at the end of your current billing cycle. When you cancel:

Your subscription is scheduled to end on your next billing date.
You retain full access to the Service until that date.
No further charges will be made after the current period ends.

Undo Cancellation (Reactivation)

If you change your mind before your subscription ends, you may reactivate your subscription through your account dashboard (e.g., via the "Undo cancellation" option in Settings). Once reactivated, your subscription will continue to renew as usual at the end of the current billing period. Reactivation is available only before the scheduled cancellation date; after your subscription has ended, you must resubscribe as a new subscription.

After Your Subscription Ends

Once your subscription ends (at the end of your billing cycle):

Your public website will no longer be accessible to visitors.
You may still log in to your account to access a limited, read-only view of your Dashboard, Contacts, Newsletter subscribers, Media Library, and Settings.
You will not be able to create, edit, or publish content (e.g., listings, flyers, pages, media uploads) until you resubscribe.
You may resubscribe at any time to restore full access. If you resubscribe after cancellation, new rates may apply.

During the read-only period, your data remains accessible for your review and (where feasible) export. Resubscribing restores full access; your data is not deleted solely due to subscription cancellation. Deletion and retention are governed by Section 14.

Subscription fees are non-refundable, and credits are issued only at TopShelf AI's sole discretion. Nothing in this Section 6 waives any non-waivable right you may have under applicable consumer-protection law.

If you access TopShelf AI through a third-party billing provider, cancellation and reactivation must be managed through that provider, and their terms may apply.

Brokerage Affiliation Changes

If a brokerage HQ account disconnects, removes, or otherwise ends the affiliation of a child account:

the child account may lose access to brokerage-managed branding, office associations, lead-routing rules, nested public paths, and other brokerage-managed features,
the child account may continue only as a standalone account if it separately accepts the applicable TopShelf AI terms, maintains an eligible SKU, and satisfies any then-current activation requirements, and
any custom domain owned or configured for the child account remains subject to the account and domain settings then associated with that child account.

If a brokerage HQ account is suspended, canceled, deleted, or otherwise loses access, affiliated child accounts may also lose access to shared or brokerage-managed functionality until they are reactivated, detached, or otherwise reconfigured in accordance with TopShelf AI policies.

7. Privacy Policy

Your use of the Service is governed by our Privacy Policy, available at gettopshelf.ai/privacy, which is incorporated into these Terms by reference. Please review it to understand how we collect, use, and protect your data.

8. Links to Third-Party Sites and Third-Party Services

The Service may contain links to third-party websites ("Linked Sites") and may integrate with third-party services (such as authentication providers, payment processors, email/SMS delivery networks, analytics providers, AI model providers, content delivery networks, MLS and listing data sources, and error-monitoring services). TopShelf AI does not control or endorse Linked Sites or third-party services and is not responsible for their content, security, availability, or privacy practices. Your use of third-party services is governed by their own terms and privacy policies, and you access them at your own risk.

A representative (non-exhaustive) list of sub-processors and core third-party services we use is available on request and described in our Privacy Policy.

9. MLS & Real Estate Data Disclaimer

TopShelf AI is an independent software platform and is not affiliated with, endorsed by, or sponsored by any Multiple Listing Service (MLS), real estate association, brokerage, or regulatory body. Users are solely responsible for ensuring that all data, listings, and marketing materials generated or distributed through the Service comply with applicable MLS rules, brokerage policies, and real estate regulations.

10. AI Content, Training, and Compliance Disclaimer

Our Platform utilizes Artificial Intelligence (AI) to generate listing descriptions and marketing materials. You acknowledge and agree that:

AI is not 100% reliable. Generative AI can produce "hallucinations," inaccuracies, or content that may not adhere to specific local or state-level real estate advertising regulations.
The User is solely responsible for reviewing and approving all AI-generated content (including listing descriptions and flyers) before publication or distribution to ensure accuracy and compliance with Fair Housing Laws, the NAR Code of Ethics, and local MLS rules. AI-generated content may contain errors or omissions.
Legal Advice: TopShelf AI does not provide legal advice regarding real estate compliance. For certainty regarding legal compliance in your specific jurisdiction, we strongly recommend you consult with a local real estate attorney.

Listing Data Accuracy. TopShelf AI does not guarantee the accuracy, completeness, or reliability of property information displayed or generated through the Service. Users are solely responsible for verifying the accuracy of all property information, including but not limited to price, square footage, property features, images, and descriptions, before publication or distribution.

Fair Housing Compliance. Users agree not to publish or distribute any content that violates federal, state, or local fair housing laws, including discriminatory language related to race, color, religion, sex, disability, familial status, national origin, or any other protected class.

AI Model Training and Third-Party AI Processors

TopShelf AI uses its own models and third-party AI providers to deliver generative features (the "AI Processors"). You acknowledge and agree that:

AI prompts and inputs you submit may be transmitted to AI Processors solely to generate your requested output and to operate and maintain the Service.
AI outputs are generated on your behalf. As between you and TopShelf AI, you own the AI outputs you publish from your account, subject to the rights granted to us in Section 18 and limitations inherent to generative AI (such as non-uniqueness of outputs across users).
Training. TopShelf AI does not use your customer-identifying Content (such as contacts, leads, uploaded listings, media, or private documents) to train foundation models that are made generally available to unaffiliated third parties. TopShelf AI may use aggregated, de-identified, or anonymized usage data to improve the Service, its AI systems, prompts, safety filters, and product features as further described in our Privacy Policy.
Opt-out. Account administrators may opt out of having their account's anonymized usage data used for model-improvement purposes by contacting [email protected]. Opting out does not affect operational processing required to deliver the Service.

11. Media & Photo Rights

Users represent and warrant that they own or have the legal right to use and distribute all images, videos, and other media uploaded to the Service, including any required releases, licenses, and permissions. TopShelf AI is not responsible for any copyright, trademark, publicity-rights, or other intellectual property claims arising from user-uploaded content.

DMCA Notice and Takedown

TopShelf AI respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe content accessible on or through the Service infringes your copyright, please send a written notice to our Designated Copyright Agent that includes:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to be infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (including URL);
Your contact information (address, telephone number, email address);
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

Designated Copyright Agent: TopShelf AI — Attn: DMCA Agent Email: [email protected]

We will respond to valid notices in accordance with the DMCA, including by removing or disabling access to allegedly infringing material and terminating repeat infringers where appropriate. A counter-notification procedure is available to users whose content has been removed in error, as described in 17 U.S.C. § 512(g).

12. Third-Party Data & MLS Import

The Service may display or import data from third-party sources, including MLS systems, broker feeds, CRM imports, listing aggregators, or syndication partners. TopShelf AI is not responsible for errors, omissions, or inaccuracies in third-party data. Users are solely responsible for verifying the accuracy of any imported, syndicated, or displayed data before use or distribution.

13. Service Availability, Modifications & Force Majeure

TopShelf AI reserves the right to modify or discontinue features of the Service at any time without liability.

TopShelf AI strives to maintain Service availability, excluding:

Planned maintenance (we will provide notice where practicable).
Downtime caused by circumstances beyond our control, including acts of God, natural disasters, network failures, or other events beyond our reasonable control.

Force Majeure. TopShelf AI shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, internet or telecommunications failures, or power outages.

We do not guarantee uninterrupted access and are not responsible for delays or interruptions outside our control.

14. Data Retention and Account Deletion

Upon account termination, TopShelf AI will retain user Content for up to 90 days to allow reactivation, export, and dispute resolution, after which we may delete Content except as required for legal, tax, security, or audit purposes or as retained in routine backups. Backups are retained for a limited period (typically up to 90 additional days) for disaster recovery, after which deleted Content is overwritten in the ordinary course.

Users may request export of their data prior to termination where feasible. Users may also request deletion of personal information as described in our Privacy Policy and as required by applicable privacy laws (such as CCPA/CPRA, where applicable).

If a brokerage relationship ends, TopShelf AI may preserve child-account data separately from brokerage HQ data where our systems treat the child account as a distinct tenant account. Brokerage detachment does not guarantee preservation of brokerage-managed settings, shared branding, or routing history.

15. Brokerage Supervision Disclaimer

TopShelf AI does not supervise or manage real estate licensees. Users remain responsible for complying with brokerage supervision requirements and applicable licensing regulations in their jurisdiction.

TopShelf AI is not a party to disputes between a brokerage HQ account and an affiliated child account concerning branding, commissions, leads, office assignments, supervision, employment status, independent contractor status, or ownership of customer relationships, except to the extent required to enforce these Terms, comply with law, or operate the Service.

Each brokerage HQ account and child account is responsible for ensuring that its use of TopShelf AI complies with applicable brokerage policies, supervision rules, advertising requirements, licensing laws, and contractual obligations.

16. SMS Notifications (Lead Alerts)

The Service may send SMS (text message) notifications to account holders (real estate agents and team members) to alert them when new leads submit contact forms on their websites. These are transactional, operational messages—not marketing.

Opt-In and Opt-Out

Opt-in: Agents manage SMS preferences in Admin Dashboard → Settings → Contact Notifications. Agents who have a valid phone number on file may receive SMS by default; they may enable or disable the "Receive SMS" toggle at any time.
Opt-out: Agents may opt out of SMS notifications at any time by disabling the "Receive SMS" toggle in Settings → Contact Notifications, or by replying STOP to any SMS. You may reply HELP for help. Changes take effect immediately.
SMS notifications are sent only when a new lead submits a contact form. Message and data rates may apply.

Recipients and Message Content

SMS messages are sent only to agents who have opted in and have provided a verified phone number in their account. Messages include a structured summary of the lead (e.g., name, intent, timeline, budget, contact info) to enable prompt follow-up. TopShelf AI does not sell or share agent phone numbers with third parties for marketing purposes.

Compliance

You agree to comply with applicable telecommunications and consumer protection laws (including the Telephone Consumer Protection Act ("TCPA") and CAN-SPAM) when using SMS or email features. TopShelf AI facilitates SMS delivery through third-party providers; carrier compliance and regulatory obligations are the responsibility of the message sender. By enabling SMS notifications, you represent that you have appropriate consent and authority to receive such messages and to send any outbound messages you configure through the Service.

17. Marketing Distribution Liability

Users are responsible for ensuring that all marketing communications distributed through the Service—including flyers, newsletters, websites, and other materials—comply with applicable advertising, spam, telemarketing, and consumer protection laws (including CAN-SPAM and TCPA). TopShelf AI is not liable for any misuse of marketing features by users.

18. Proprietary Rights, Content License, Feedback & Data Usage

All intellectual property related to the Service, including trademarks, content, and technology, belongs to TopShelf AI.

Your Content. You retain ownership of any materials or data ("Content") you submit. You are solely responsible for your Content and for ensuring you have all necessary rights to submit it to the Service.

License to TopShelf AI. By submitting Content, you grant TopShelf AI and its service providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, adapt (e.g., resize or transcode images), create derivative works based on, index, publish, transmit, distribute, publicly display, and perform your Content, in each case solely to:

operate, provide, secure, and improve the Service;
generate AI-assisted outputs you request;
display your Content on the public websites and marketing materials you configure through the Service; and
provide the Service to other accounts that you expressly authorize (such as within your brokerage HQ / child account relationship).

This license terminates when you or we remove the applicable Content from the Service, except to the extent reasonably necessary to retain the Content in routine backups, comply with legal obligations, or resolve disputes.

Anonymized Analytics. You grant TopShelf AI a limited license to analyze aggregated, de-identified, or anonymized platform usage data to improve product functionality, safety, and AI systems, as further described in our Privacy Policy and Section 10.

Feedback. If you provide feedback or suggestions, you grant TopShelf AI a non-exclusive, royalty-free, worldwide, perpetual license to use and incorporate that feedback into current or future products or services without compensation or attribution.

19. Disclaimers

The Service is provided "as is" and "as available." TopShelf AI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

The Service will meet your expectations.
Access will be uninterrupted, secure, or error-free.
Defects will be corrected.
The Service or servers are free from viruses or harmful components.

You acknowledge that using the Service involves transmission of data through third-party networks beyond TopShelf AI's control.

20. Limitation of Liability

To the fullest extent permitted by law, TopShelf AI shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, or cost of substitute services, even if advised of the possibility.

In no event shall TopShelf AI's total aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (i) one hundred U.S. dollars ($100 USD) or (ii) the amount paid by you to TopShelf AI in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

21. Indemnification

You agree to indemnify, defend, and hold harmless TopShelf AI, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your Content, or (d) your infringement of third-party rights, including intellectual property, privacy, publicity, or fair-housing rights.

22. Violation of Terms

TopShelf AI reserves the right to disclose your information or terminate your account if required by law or if we believe your actions violate these Terms, infringe upon others' rights, or harm TopShelf AI's integrity.

We may pursue injunctive or equitable relief in addition to any legal remedies available.

23. Governing Law, Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These Terms are governed by the laws of the State of California, United States, without regard to conflicts-of-law principles.

Informal Resolution

Before filing a claim, you and TopShelf AI agree to attempt to resolve any dispute by contacting [email protected] with a written description of the dispute. The parties will attempt in good faith to resolve the dispute through informal negotiation within 30 days.

Binding Arbitration

If the dispute is not resolved informally, you and TopShelf AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Claim") will be resolved by binding individual arbitration administered by JAMS under its then-current Streamlined or Comprehensive Arbitration Rules (as appropriate), or—at your election—by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator.

Venue. Arbitration will take place in Los Angeles County, California, or, at your election, by video conference or in the U.S. county where you reside.
Language. Arbitrations will be conducted in English.
Fees. Arbitration fees will be allocated as provided by the applicable arbitration rules and applicable law.
Authority. The arbitrator has exclusive authority to resolve any dispute, including the scope, enforceability, or formation of this arbitration agreement.

Small-Claims Carve-Out

Notwithstanding the foregoing, either party may bring an individual claim in small-claims court for disputes within that court's jurisdiction.

Injunctive Relief Carve-Out

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, trade secrets, or confidential information pending arbitration.

Class-Action Waiver

YOU AND TOPSHELF AI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

Mass-Arbitration Procedures

If 25 or more similar arbitration demands are filed against TopShelf AI by or with the coordinated assistance of the same law firm or group of firms within a 60-day period, the parties agree to use JAMS's (or AAA's) mass-arbitration procedures, including bellwether proceedings and staggered filings, to manage those demands efficiently.

30-Day Opt-Out

You may opt out of this arbitration agreement by sending a written notice to [email protected] within 30 days of the date you first accepted these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.

Time Limit and Severability

Any Claim must be filed within one (1) year of the date the cause of action accrued, or it is permanently barred, to the fullest extent permitted by law. If any portion of this Section 23 is found unenforceable, the remaining portions will remain in effect, and the unenforceable portion will be severed; however, if the class-action waiver is found unenforceable, this entire Section 23 will be void, and any dispute will proceed in a court of competent jurisdiction in Los Angeles County, California.

24. International Use

The Service is operated from the United States but accessible worldwide. Not all features are available in all jurisdictions. Accessing the Service from regions where it is restricted is at your own risk. You are responsible for complying with local laws, including any applicable data-export restrictions and consumer-protection laws.

25. Changes to These Terms

TopShelf AI may update these Terms from time to time. When we do:

We will revise the "Last Updated" date at the top of this page.
For material changes (such as changes to billing, arbitration, liability, or the scope of license grants), we will provide reasonable advance notice by email to the address on file and/or through an in-product notice, generally at least 30 days before the changes take effect, except where a shorter period is required to comply with law, address a security issue, or launch a new feature you elect to use.
Your continued use of the Service after the effective date of an updated version constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel as described in Section 6.

26. Notices

Notices to you. We may provide notices to you through the email address on file for your account, through an in-product notification, or by posting to the Service. Notices to your email address are deemed received 24 hours after sending if not returned as undeliverable.
Notices to us. Legal notices to TopShelf AI should be sent to [email protected], with a copy to the postal address published on gettopshelf.ai. General support inquiries should go to [email protected].

27. Accessibility

We are committed to making the Service accessible to users with disabilities. Our approach is described in our ADA & Accessibility Statement, available at gettopshelf.ai/ada-statement. If you experience an accessibility barrier, please contact [email protected] so we can investigate.

28. Miscellaneous

You may not export or re-export the Service in violation of U.S. export laws or U.S. sanctions, including OFAC regulations.
If any provision of these Terms is found unenforceable, it will be replaced by a valid provision that best reflects the original intent; the remaining provisions remain in full force and effect.
These Terms, together with the documents incorporated by reference (including the Privacy Policy and ADA & Accessibility Statement), represent the entire agreement between you and TopShelf AI and supersede all prior communications.
TopShelf AI's failure to enforce any right is not a waiver of future enforcement.
You may not assign these Terms without our prior written consent; TopShelf AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

29. Feedback and Information

Any feedback you provide through the Service is considered non-confidential, and TopShelf AI may use it freely without restriction or compensation.

The information contained on this website is subject to change without notice.

Terms of Service

Last Updated: April 2026

Your continued use of the Service constitutes your acceptance of these Terms and forms a legally binding agreement between you and TopShelf AI ("we," "us," or "our").

PLEASE READ CAREFULLY. Section 5 ("Subscriptions and Billing") contains important information about automatic renewal of your paid subscription. Section 23 ("Governing Law, Dispute Resolution & Arbitration") contains a binding arbitration agreement and a class-action waiver that affect your legal rights. You may opt out of the arbitration agreement within 30 days of first accepting these Terms as described in Section 23.

1. Eligibility

To use the Service, you must:

Be at least eighteen (18) years old.
Agree to these Terms and complete the registration process.
Provide accurate, complete, and current contact and billing information.
Not have been previously suspended or removed from the Service.

2. Accounts and Registration

To access most features, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify TopShelf AI immediately of any unauthorized use or breach of security. You may be held liable for losses resulting from your failure to secure your credentials.

You may not use another person's account without their explicit permission. TopShelf AI is not liable for losses arising from unauthorized account use.

Account Types

TopShelf AI may support different account structures, including:

Standalone accounts, which are individual or team accounts that contract directly with TopShelf AI.
Brokerage HQ accounts, which represent a brokerage organization and may manage affiliated child accounts, offices, shared branding, routing, and other brokerage-level settings.
Affiliated child accounts, which are individual or team accounts that may be invited, linked, or managed in part by a brokerage HQ account.

If you create, activate, claim, or continue using an affiliated child account, you represent that you have authority to accept these Terms for that account.

Brokerage-Managed Features

While an affiliated child account remains attached to a brokerage HQ account, the brokerage relationship may control or influence certain account-level features, including:

shared branding and brokerage identity,
office assignments,
roster placement,
lead-routing rules,
public-site path structure, and
other settings that TopShelf AI designates as brokerage-managed features.

While an affiliated child account is attached to a brokerage HQ account, the following categories of data may be shared between the HQ account and the child account as part of the Service:

account status, plan, SKU, and feature-entitlement metadata;
roster, office, and agent assignment data;
brokerage-managed branding and site-configuration data;
aggregated or routing-related information necessary to deliver leads to the appropriate agent or office; and
activity and support information reasonably necessary to administer the affiliation.

Child-Initiated Detachment

An affiliated child account may request to detach from its brokerage HQ at any time through the account dashboard or by contacting [email protected]. Detachment may require the child account to:

accept the then-current TopShelf AI terms as a standalone account,
select or maintain an eligible SKU,
remove brokerage-managed branding and content, and
complete any reasonable operational steps TopShelf AI requires to safely unwind shared branding, roster placement, lead routing, and public-site path structure.

Detachment does not, by itself, relieve the child account of any outstanding obligations it owes to TopShelf AI.

3. Term

4. Use Restrictions & Prohibited Activities

You agree that you will not, and will not permit any third party to:

Access or use the Services if you are a direct competitor of TopShelf AI, except with our prior written consent.
Access the Services for the purposes of competitive research, benchmarking, or developing a competing product or service.
Scrape, crawl, or use any automated system to extract data from the Platform for the purpose of reverse-engineering our AI listing description logic or website templates.
Use the Service to distribute malware, spam, unlawful content, or content that infringes intellectual property rights.
Use the Service for any illegal activity or in violation of applicable laws.
Attempt to bypass security measures, gain unauthorized access, or disrupt the Service.
Harass, abuse, or harm other users or third parties.

5. Subscriptions and Billing

TopShelf AI may offer paid access to the Service through various subscription plans. All fees are stated in U.S. Dollars (USD) and are non-refundable unless otherwise stated.

You will be notified of applicable plan pricing before being charged. Subscriptions renew automatically according to your selected billing period unless canceled as outlined below.

Automatic Renewal and Cancellation Notice (California ARL and Similar Laws)

Renewal frequency: Monthly or annual, based on the plan you selected.
Renewal amount: The then-current renewal rate for your plan, which may differ from your initial promotional rate.
How to cancel: You may cancel at any time through your account dashboard (Settings → Billing → "Undo cancellation" / cancel subscription) or by emailing [email protected]. Cancellation takes effect as described in Section 6.
Notice: For subscriptions subject to California Business & Professions Code §§ 17600–17606 or similar auto-renewal laws, we will send a renewal reminder before annual renewal where required by law.

Pricing, Price Changes, and Taxes

All fees are exclusive of applicable taxes, duties, and assessments (including sales, use, VAT, or similar taxes), which you are responsible for paying, except for taxes on TopShelf AI's net income.

Payment Authorization

Billing Period

Your billing period begins on the date you subscribe (or after any free trial) and recurs according to your chosen plan. To view your next billing date, log in to your TopShelf AI account.

Brokerage HQ and Child Billing

Brokerage HQ accounts and affiliated child accounts may have different SKUs, plan entitlements, or billing paths. Unless TopShelf AI expressly states otherwise in writing:

a brokerage HQ plan covers the brokerage HQ account only and any brokerage-specific features expressly included with that plan,
an affiliated child account must maintain its own valid plan or SKU if required for its account type or feature set, and
detaching a child account from a brokerage may require that child account to accept then-current TopShelf AI terms, select or maintain an eligible SKU, and configure its own branding, domain, and operational settings.

TopShelf AI may suspend, limit, or change access to features if the required SKU, subscription, or billing status for a specific account is missing or inactive.

Brokerage HQ Tier Pricing

The current tiers are:

When the paid-agent count crosses a tier boundary, the following apply automatically:

HQ subscription: The brokerage HQ's subscription price is updated at the next proration, effective for the current billing cycle (prorated credit or debit as applicable).
Affiliate-agent discount: Each affiliated child's recurring discount coupon is replaced with the new tier's coupon. The new percent-off applies to the child's next invoice and all subsequent invoices while affiliation continues. Prior invoices are not retroactively adjusted.
Discount portability: Affiliate discounts apply only while the child is attached to the brokerage. Detaching a child terminates the tier coupon; the child will be billed at standard retail rates on its next invoice unless another discount applies.

6. Cancellations and Refunds

When Cancellation Takes Effect

Unless otherwise stated, cancellations take effect at the end of your current billing cycle. When you cancel:

Your subscription is scheduled to end on your next billing date.
You retain full access to the Service until that date.
No further charges will be made after the current period ends.

Undo Cancellation (Reactivation)

After Your Subscription Ends

Once your subscription ends (at the end of your billing cycle):

Your public website will no longer be accessible to visitors.
You may still log in to your account to access a limited, read-only view of your Dashboard, Contacts, Newsletter subscribers, Media Library, and Settings.
You will not be able to create, edit, or publish content (e.g., listings, flyers, pages, media uploads) until you resubscribe.
You may resubscribe at any time to restore full access. If you resubscribe after cancellation, new rates may apply.

If you access TopShelf AI through a third-party billing provider, cancellation and reactivation must be managed through that provider, and their terms may apply.

Brokerage Affiliation Changes

If a brokerage HQ account disconnects, removes, or otherwise ends the affiliation of a child account:

the child account may lose access to brokerage-managed branding, office associations, lead-routing rules, nested public paths, and other brokerage-managed features,
the child account may continue only as a standalone account if it separately accepts the applicable TopShelf AI terms, maintains an eligible SKU, and satisfies any then-current activation requirements, and
any custom domain owned or configured for the child account remains subject to the account and domain settings then associated with that child account.

7. Privacy Policy

8. Links to Third-Party Sites and Third-Party Services

A representative (non-exhaustive) list of sub-processors and core third-party services we use is available on request and described in our Privacy Policy.

9. MLS & Real Estate Data Disclaimer

10. AI Content, Training, and Compliance Disclaimer

Our Platform utilizes Artificial Intelligence (AI) to generate listing descriptions and marketing materials. You acknowledge and agree that:

AI is not 100% reliable. Generative AI can produce "hallucinations," inaccuracies, or content that may not adhere to specific local or state-level real estate advertising regulations.
The User is solely responsible for reviewing and approving all AI-generated content (including listing descriptions and flyers) before publication or distribution to ensure accuracy and compliance with Fair Housing Laws, the NAR Code of Ethics, and local MLS rules. AI-generated content may contain errors or omissions.
Legal Advice: TopShelf AI does not provide legal advice regarding real estate compliance. For certainty regarding legal compliance in your specific jurisdiction, we strongly recommend you consult with a local real estate attorney.

AI Model Training and Third-Party AI Processors

TopShelf AI uses its own models and third-party AI providers to deliver generative features (the "AI Processors"). You acknowledge and agree that:

AI prompts and inputs you submit may be transmitted to AI Processors solely to generate your requested output and to operate and maintain the Service.
AI outputs are generated on your behalf. As between you and TopShelf AI, you own the AI outputs you publish from your account, subject to the rights granted to us in Section 18 and limitations inherent to generative AI (such as non-uniqueness of outputs across users).
Training. TopShelf AI does not use your customer-identifying Content (such as contacts, leads, uploaded listings, media, or private documents) to train foundation models that are made generally available to unaffiliated third parties. TopShelf AI may use aggregated, de-identified, or anonymized usage data to improve the Service, its AI systems, prompts, safety filters, and product features as further described in our Privacy Policy.
Opt-out. Account administrators may opt out of having their account's anonymized usage data used for model-improvement purposes by contacting [email protected]. Opting out does not affect operational processing required to deliver the Service.

11. Media & Photo Rights

DMCA Notice and Takedown

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to be infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (including URL);
Your contact information (address, telephone number, email address);
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

Designated Copyright Agent: TopShelf AI — Attn: DMCA Agent Email: [email protected]

12. Third-Party Data & MLS Import

13. Service Availability, Modifications & Force Majeure

TopShelf AI reserves the right to modify or discontinue features of the Service at any time without liability.

TopShelf AI strives to maintain Service availability, excluding:

Planned maintenance (we will provide notice where practicable).
Downtime caused by circumstances beyond our control, including acts of God, natural disasters, network failures, or other events beyond our reasonable control.

We do not guarantee uninterrupted access and are not responsible for delays or interruptions outside our control.

14. Data Retention and Account Deletion

15. Brokerage Supervision Disclaimer

16. SMS Notifications (Lead Alerts)

Opt-In and Opt-Out

Opt-in: Agents manage SMS preferences in Admin Dashboard → Settings → Contact Notifications. Agents who have a valid phone number on file may receive SMS by default; they may enable or disable the "Receive SMS" toggle at any time.
Opt-out: Agents may opt out of SMS notifications at any time by disabling the "Receive SMS" toggle in Settings → Contact Notifications, or by replying STOP to any SMS. You may reply HELP for help. Changes take effect immediately.
SMS notifications are sent only when a new lead submits a contact form. Message and data rates may apply.

Recipients and Message Content

Compliance

17. Marketing Distribution Liability

18. Proprietary Rights, Content License, Feedback & Data Usage

All intellectual property related to the Service, including trademarks, content, and technology, belongs to TopShelf AI.

operate, provide, secure, and improve the Service;
generate AI-assisted outputs you request;
display your Content on the public websites and marketing materials you configure through the Service; and
provide the Service to other accounts that you expressly authorize (such as within your brokerage HQ / child account relationship).

19. Disclaimers

The Service is provided "as is" and "as available." TopShelf AI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

The Service will meet your expectations.
Access will be uninterrupted, secure, or error-free.
Defects will be corrected.
The Service or servers are free from viruses or harmful components.

You acknowledge that using the Service involves transmission of data through third-party networks beyond TopShelf AI's control.

20. Limitation of Liability

21. Indemnification

22. Violation of Terms

We may pursue injunctive or equitable relief in addition to any legal remedies available.

23. Governing Law, Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These Terms are governed by the laws of the State of California, United States, without regard to conflicts-of-law principles.

Informal Resolution

Binding Arbitration

Venue. Arbitration will take place in Los Angeles County, California, or, at your election, by video conference or in the U.S. county where you reside.
Language. Arbitrations will be conducted in English.
Fees. Arbitration fees will be allocated as provided by the applicable arbitration rules and applicable law.
Authority. The arbitrator has exclusive authority to resolve any dispute, including the scope, enforceability, or formation of this arbitration agreement.

Small-Claims Carve-Out

Notwithstanding the foregoing, either party may bring an individual claim in small-claims court for disputes within that court's jurisdiction.

Injunctive Relief Carve-Out

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, trade secrets, or confidential information pending arbitration.

Class-Action Waiver

Mass-Arbitration Procedures

30-Day Opt-Out

Time Limit and Severability

24. International Use

25. Changes to These Terms

TopShelf AI may update these Terms from time to time. When we do:

We will revise the "Last Updated" date at the top of this page.
For material changes (such as changes to billing, arbitration, liability, or the scope of license grants), we will provide reasonable advance notice by email to the address on file and/or through an in-product notice, generally at least 30 days before the changes take effect, except where a shorter period is required to comply with law, address a security issue, or launch a new feature you elect to use.
Your continued use of the Service after the effective date of an updated version constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel as described in Section 6.

26. Notices

Notices to you. We may provide notices to you through the email address on file for your account, through an in-product notification, or by posting to the Service. Notices to your email address are deemed received 24 hours after sending if not returned as undeliverable.
Notices to us. Legal notices to TopShelf AI should be sent to [email protected], with a copy to the postal address published on gettopshelf.ai. General support inquiries should go to [email protected].

27. Accessibility

28. Miscellaneous

You may not export or re-export the Service in violation of U.S. export laws or U.S. sanctions, including OFAC regulations.
If any provision of these Terms is found unenforceable, it will be replaced by a valid provision that best reflects the original intent; the remaining provisions remain in full force and effect.
These Terms, together with the documents incorporated by reference (including the Privacy Policy and ADA & Accessibility Statement), represent the entire agreement between you and TopShelf AI and supersede all prior communications.
TopShelf AI's failure to enforce any right is not a waiver of future enforcement.
You may not assign these Terms without our prior written consent; TopShelf AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

29. Feedback and Information

Any feedback you provide through the Service is considered non-confidential, and TopShelf AI may use it freely without restriction or compensation.

The information contained on this website is subject to change without notice.

Terms of Service

1. Eligibility

2. Accounts and Registration

Account Types

Brokerage-Managed Features

Data Sharing Between Brokerage HQ and Child Accounts

Child-Initiated Detachment

3. Term

4. Use Restrictions & Prohibited Activities

5. Subscriptions and Billing

Automatic Renewal and Cancellation Notice (California ARL and Similar Laws)

Pricing, Price Changes, and Taxes

Payment Authorization

Billing Period

Brokerage HQ and Child Billing

Brokerage HQ Tier Pricing

6. Cancellations and Refunds

When Cancellation Takes Effect

Undo Cancellation (Reactivation)

After Your Subscription Ends

Brokerage Affiliation Changes

7. Privacy Policy

8. Links to Third-Party Sites and Third-Party Services

9. MLS & Real Estate Data Disclaimer

10. AI Content, Training, and Compliance Disclaimer

AI Model Training and Third-Party AI Processors

11. Media & Photo Rights

DMCA Notice and Takedown

12. Third-Party Data & MLS Import

13. Service Availability, Modifications & Force Majeure

14. Data Retention and Account Deletion

15. Brokerage Supervision Disclaimer

16. SMS Notifications (Lead Alerts)

Opt-In and Opt-Out

Recipients and Message Content

Compliance

17. Marketing Distribution Liability

18. Proprietary Rights, Content License, Feedback & Data Usage

19. Disclaimers

20. Limitation of Liability

21. Indemnification

22. Violation of Terms

23. Governing Law, Dispute Resolution & Arbitration

Informal Resolution

Binding Arbitration

Small-Claims Carve-Out

Injunctive Relief Carve-Out

Class-Action Waiver

Mass-Arbitration Procedures

30-Day Opt-Out

Time Limit and Severability

24. International Use

25. Changes to These Terms

26. Notices

27. Accessibility

28. Miscellaneous

29. Feedback and Information

Terms of Service

1. Eligibility

2. Accounts and Registration

Account Types

Brokerage-Managed Features

Data Sharing Between Brokerage HQ and Child Accounts

Child-Initiated Detachment

3. Term

4. Use Restrictions & Prohibited Activities

5. Subscriptions and Billing

Automatic Renewal and Cancellation Notice (California ARL and Similar Laws)

Pricing, Price Changes, and Taxes

Payment Authorization

Billing Period

Brokerage HQ and Child Billing

Brokerage HQ Tier Pricing

6. Cancellations and Refunds

When Cancellation Takes Effect

Undo Cancellation (Reactivation)

After Your Subscription Ends

Brokerage Affiliation Changes

7. Privacy Policy

8. Links to Third-Party Sites and Third-Party Services