These Terms of Service (“Terms”) govern your access to and use of the PreListingPro service, including the marketing website at prelistingpro.com and the Subscriber portal at portal.prelistingpro.com (together, the “Service”). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.
PreListingPro is operated by the entity that publishes prelistingpro.com (the “Company,” “we,” “us,” or “our”).
1. Eligibility
The Service is intended for licensed real estate professionals operating in the United States. By creating an account you represent that you (a) are at least 18 years old, (b) hold an active real estate license in the jurisdictions where you practice, (c) are authorized to subscribe on behalf of any brokerage or team you represent, and (d) have read and accepted these Terms and our Privacy Policy.
2. Subscription and Billing
PreListingPro is offered on a monthly subscription basis under the plan tiers listed on our Pricing page. Plans include a base allotment of leads and the associated branded postcard outreach. Additional counties, additional leads beyond the plan allotment, custom design work, and team-seat additions are billed separately.
Subscriptions auto-renew each month until canceled. Payment is charged in advance each billing cycle via the payment method on file. Failed payments may result in suspension or termination of the Service.
We may change subscription pricing or plan features with at least 30 days’ notice by email to active Subscribers. Continued use of the Service after the change takes effect constitutes acceptance of the new terms.
3. Cancellation and Refunds
You may cancel your subscription at any time from the Subscriber portal or by emailing billing@prelistingpro.com. Cancellation takes effect at the end of the current billing cycle; no refunds are issued for the unused portion of a billing cycle.
Cancellation forfeits any county exclusivity that may have been associated with the subscription. We may reassign the territory to the next agent in line.
Mail pieces already in production at the time of cancellation will be printed and delivered; you remain responsible for the cost of any such pieces.
4. Territory and Exclusivity
Where we are able, we offer exclusive territories at the county or ZIP-cluster level on a first-paid, first-served basis. Exclusivity is not guaranteed in every county or for every plan tier. When we add additional agents to a previously exclusive territory, we will provide at least 60 days’ notice and a guaranteed minimum-volume commitment to existing Subscribers in the territory.
5. Service Description and No Listing Guarantee
The Service identifies inherited-home opportunities from public records and produces branded direct-mail outreach to the heirs and personal representatives of those properties. The Service does not guarantee that any given heir will respond, that any given response will convert to a listing, or that any minimum number of listings will result. Real estate outcomes depend on many factors outside our control, including the Subscriber’s skill, follow-up cadence, local market conditions, and the heir’s individual circumstances.
6. Subscriber Obligations and Acceptable Use
You agree to:
- Use the Service only for lawful purposes consistent with your real estate license, your brokerage’s policies, the NAR Code of Ethics (if applicable), and applicable state and federal law.
- Not contact a recipient who has asked you to stop, and to honor any applicable Do-Not-Mail / opt-out request.
- Not use leads sourced through the Service to compete with the Service or to build a competing product.
- Not share, sell, or transfer your account credentials.
- Provide accurate brokerage, license, and contact information; update it promptly if it changes.
- Respect the privacy and dignity of the heirs, personal representatives, and decedents named in the leads.
- Comply with TCPA, CAN-SPAM, state Do-Not-Call statutes, and any other applicable communications laws when you follow up by phone or email.
You are responsible for ensuring that any outreach you initiate beyond the PreListingPro postcard sequence (phone calls, follow-up emails, in-person visits) complies with all applicable law and your brokerage’s policies. PreListingPro is not your compliance officer.
7. Intellectual Property
The Service, including its software, content, design, templates, and trademarks (other than your own brand materials), is owned by the Company and is protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your real estate practice during the term of your subscription.
You retain ownership of the brand materials you upload (headshot, logo, brokerage marks). You grant us a limited license to use those materials solely for the purpose of producing branded postcards and rendering them in the Subscriber portal.
You may not reverse-engineer, scrape, copy, or redistribute any part of the Service or its underlying lead data, except as expressly permitted by these Terms.
8. Third-Party Services
The Service relies on third-party providers for payment processing, postal delivery, email delivery, hosting, and other functions. Those providers are governed by their own terms and privacy policies. We do not control and are not responsible for the availability or content of third-party services.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF LEAD DATA. PUBLIC-RECORD DATA SOURCES MAY CONTAIN ERRORS, OMISSIONS, OR DELAYS; WE DO NOT WARRANT THAT ANY GIVEN LEAD IS ACCURATE, CURRENT, OR ACTIONABLE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claim or demand, including reasonable attorneys’ fees, arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law or the rights of any third party, or (d) any outreach you conduct beyond the PreListingPro-managed postcard sequence.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with reasonable notice when feasible. We may terminate immediately and without notice if you breach these Terms, engage in fraud, or use the Service in a way that creates legal or reputational risk for the Company.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Travis County, Texas. You consent to personal jurisdiction in those courts.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted at this URL with a new “Last updated” date. Material changes will be communicated by email to active Subscribers at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Miscellaneous
These Terms, together with the Privacy Policy and any plan-specific terms, are the entire agreement between you and the Company regarding the Service. If any provision is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
16. Contact
General contact: hello@prelistingpro.com. Billing: billing@prelistingpro.com. Legal: legal@prelistingpro.com.