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Terms of Service

M&V Digital Solutions — a DBA of Fractional Lab LLC

Effective Date: March 24, 2026

Last Updated: March 24, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Agent Manager Platform (the "Platform") operated by Fractional Lab LLC, doing business as M&V Digital Solutions ("M&V," "we," "us," or "our"), accessible at mvdigital.solutions and its subdomains.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform. "You" refers to the brokerage entity and any authorized users accessing the Platform under that account.

2. Platform Description

The Platform provides AI-powered automation tools ("Agents") designed for residential real estate brokerages. Agents may include capabilities such as lead response, listing marketing, client nurture, open house follow-up, and other brokerage workflow automation.

Agents are offered as modular, subscription-based add-ons. The specific capabilities of each Agent are described in the Platform dashboard at the time of enablement.

3. Accounts and Access

3.1 Account Provisioning

Accounts are created by M&V during onboarding. There is no public registration. The initial administrator account is provisioned by M&V, and the administrator may invite additional team members.

3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of account credentials
  • All activity that occurs under your account
  • Ensuring that invited team members comply with these Terms
  • Promptly notifying M&V of any unauthorized access

3.3 Account Termination

M&V may suspend or terminate your access if you violate these Terms, fail to pay, or engage in conduct that harms the Platform or other users. You may request account closure at any time by contacting M&V.

4. Agents and Services

4.1 Enabling Agents

You enable Agents through the Platform dashboard. Your subscription is billed automatically at the published rate.

4.2 Agent Behavior

Agents operate based on your configuration and instructions. Key principles:

  • Approval workflows. AI-generated outreach (SMS, email, social media posts, handwritten cards) requires your review and approval before delivery, unless you have explicitly enabled auto-send features where available.
  • Your content, your responsibility. While AI generates draft content, you approve what is sent. You are responsible for the accuracy and appropriateness of approved communications.
  • No autonomous decisions. Agents do not take actions outside their defined scope or your configured parameters.

4.3 Service Availability

We aim to maintain high availability but do not guarantee uninterrupted service. Scheduled maintenance, infrastructure issues, or third-party service outages may temporarily affect availability. We will make reasonable efforts to notify you of planned downtime.

5. Billing and Payment

5.1 Subscription Model

Each Agent has its fees. All subscriptions for your brokerage are billed to a single payment method managed by the account administrator.

5.2 Stripe Payment Processing

For payments processed through Stripe, you agree to Stripe's terms of service for payment processing. You are responsible for keeping your payment method current.

5.3 Cancellation

You may disable any Agent at any time through the Platform dashboard. Disabling an Agent cancels its subscription at the end of the current billing period. No prorated refunds are issued for partial billing periods.

5.4 Failed Payments

If a payment fails, M&V will notify you. Continued payment failure may result in Agent suspension or account restriction until the balance is resolved.

5.5 Usage Caps

Certain Agents may include usage limits (e.g., maximum leads processed per month or messages sent). When a cap is reached, the Agent pauses processing until the next billing cycle. Usage metrics are visible in the Platform dashboard.

6. Your Data

6.1 Ownership

You retain ownership of all data you provide to the Platform, including client records, lead information, business details, and content you create or approve.

6.2 License to M&V

You grant M&V a limited, non-exclusive license to use your data solely for the purpose of operating the Platform and providing its services to you. We do not use your data to train AI models or for any purpose unrelated to delivering the Platform's services.

6.3 Data Isolation

Your data is logically isolated from all other brokerages on the Platform. No other tenant can access your data, and your data is never shared across accounts.

6.4 Data Export

You may export your client data in CSV format through the Platform at any time.

6.5 Data Deletion

Upon account termination, M&V will delete your data within 30 days, subject to any legal retention obligations. You may request earlier deletion by contacting us.

7. Your Responsibilities

You agree to:

  • Provide accurate business and contact information during onboarding
  • Comply with all applicable laws and regulations, including real estate licensing requirements, CAN-SPAM, TCPA, and state-specific marketing regulations
  • Ensure you have appropriate consent from leads and clients before their data is processed by the Platform (including SMS consent for lead communications)
  • Review and approve AI-generated content before it is sent on your behalf
  • Not use the Platform for any illegal, fraudulent, or deceptive purpose
  • Not attempt to access other tenants' data or circumvent Platform security measures
  • Not resell, sublicense, or redistribute access to the Platform

SMS consent is your responsibility. M&V provides guidance on recommended consent language during onboarding, but you are responsible for ensuring your lead intake forms, website forms, and portal settings include appropriate consent disclosures. M&V does not verify your consent practices.

8. Intellectual Property

8.1 Platform IP

The Platform, including its software, design, documentation, and agent technology, is the property of M&V Digital Solutions. Nothing in these Terms grants you ownership of or rights to the Platform beyond the limited license to use it as described here.

8.2 Your Content

You retain all rights to your content (brokerage branding, client data, approved communications). AI-generated content that you approve and send becomes your content.

8.3 Feedback

If you provide suggestions, feature requests, or other feedback about the Platform, M&V may use that feedback without obligation to you.

9. Third-Party Services

The Platform integrates with third-party services. Your use of features that rely on these services is also subject to those providers' terms. M&V is not responsible for the availability, performance, or policies of third-party services.

When you connect your accounts (e.g., Gmail for email sending, Meta for social media posting), you authorize M&V to access those accounts solely for the purpose of delivering the Platform's services as configured by you.

10. AI Disclosure

The Platform uses artificial intelligence to generate content and automate workflows. You should be aware that:

  • AI-generated content may occasionally contain errors or inaccuracies. You are responsible for reviewing all content before it is sent.
  • The Platform does not proactively disclose AI involvement in communications sent on your behalf. If a lead or client asks, the AI will respond honestly that it is an AI assistant.
  • M&V continuously works to improve AI quality, but does not guarantee that generated content will be error-free or suitable for every situation.

11. Limitation of Liability

To the maximum extent permitted by law:

  • M&V is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
  • M&V is not liable for the content of communications you approve and send through the Platform.
  • M&V is not liable for losses resulting from third-party service outages, lead data inaccuracies, or missed communications due to technical issues.
  • M&V's total liability for any claim arising from these Terms or the Platform is limited to the fees you paid to M&V in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless M&V, its officers, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Platform
  • Communications sent through the Platform that you approved
  • Your violation of these Terms or applicable law
  • Your failure to obtain proper consent from leads or clients

13. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. M&V does not warrant that the Platform will be uninterrupted, error-free, or secure at all times.

14. Modifications to Terms

M&V may update these Terms from time to time. Material changes will be communicated via the Platform dashboard or email notification at least 14 days before taking effect. Continued use of the Platform after the effective date of changes constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or the Platform will be resolved in the state or federal courts located in Northern California.

16. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and M&V regarding the Platform.
  • Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
  • Waiver. Failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment. You may not assign your rights under these Terms without M&V's written consent. M&V may assign its rights freely.
  • Force Majeure. M&V is not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, or third-party service failures.

17. Contact Us

For questions about these Terms:

Fractional Lab LLC, DBA M&V Digital Solutions Email: [email protected] Website: mvdigitalsolutions.com