Zoodealio's Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Zoodealio platform, including the Home Report, related websites, applications, products, and services (collectively, the “Service”).

By accessing or using the Service, you (“User,” “Buyer,” or “You”) agree to be bound by these Terms. If you do not agree, you must not use the Service.

You represent that you are at least eighteen (18) years old, have the legal capacity to enter into binding contracts, and are not prohibited from using the Service under applicable laws.

These Terms, together with Zoodealio's Privacy Policy, constitute the entire agreement between you and Zoodealio LLC (“Zoodealio,” “Company,” “we,” “our,” or “us”).

For purposes of these Terms:

• Affiliate: An entity controlling, controlled by, or under common control with a party.
• Account: A unique account created for you to access the Service.
• Buyer: A User submitting real estate offers through the Service.
• Device: Any device capable of accessing the Service.
• Feedback: Feedback, innovations, or suggestions provided by you.
• Promotions: Contests, sweepstakes, or offers through the Service.
• Subscription: Paid access to the Service.
• Third-Party Social Media Service: External services integrated with Zoodealio.
• Website: https://zoodealio.com
• User / You: Any individual or legal entity accessing or using the Service.

Zoodealio is a technology platform that connects buyers and sellers of real estate and facilitates the display of offers between them. Zoodealio is not a licensed real estate brokerage, agent, or salesperson and does not broker real estate transactions. Zoodealio does not act as an agent, fiduciary, or representative of any buyer, seller, homeowner, or real estate agent, and no agency or fiduciary relationship is created by your use of the platform.

Zoodealio does not guarantee, endorse, or validate the accuracy, completeness, legality, or quality of any offers displayed on the platform, nor the financial ability, intent, or performance of any buyer or seller. All users, including buyers and sellers, are solely responsible for conducting their due diligence, inspections, and negotiations regarding any transaction and for complying with all applicable laws and regulations. Zoodealio does not provide legal, financial, tax, or real estate advice, and users are encouraged to consult their own licensed professionals before making any decisions.

Zoodealio operates solely as a technology platform and marketplace connecting buyers, sellers, agents, and service providers. All real estate negotiations, decisions, contracts, and transactions are conducted solely between Users, their brokers, and licensed real estate professionals.

Zoodealio does not supervise, control, or guarantee the actions, services, or representations of any buyer, seller, agent, or third-party provider. Users are solely responsible for conducting appropriate due diligence, including verifying licensing, qualifications, and the legitimacy of all parties they engage with on the platform.

Zoodealio expressly disclaims liability for disputes, transactions, or outcomes between Users.

By using the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. We may modify these Terms at any time, in our sole discretion. Material changes will be communicated in advance, as required by law. Continued use after the effective date of any change constitutes acceptance.

5.1 Account Creation

You must provide accurate, complete, and current information when creating an Account.

5.2 Account Security

You are responsible for maintaining the confidentiality of your Account and password and for all activities under your Account. Notify Zoodealio immediately of any unauthorized use or security breach.

5.3 Prohibited Usernames

You may not use usernames that are offensive, infringe third-party rights, or misrepresent your identity.

6.1 Subscription Period

Certain Services require a paid Subscription, billed on a recurring basis (monthly, annually, or otherwise).

6.2 Renewal

Subscriptions renew automatically unless canceled before the renewal date.

6.3 Cancellation

You may cancel your Subscriptions through your Account settings or by contacting us. Payments are non-refundable.

6.4 Billing Accuracy

You must provide accurate billing details. If automatic billing fails, Zoodealio may issue an invoice for manual payment.

6.5 Fee Changes

We may change Subscription fees with advance notice. Continued use constitutes agreement to pay the updated fees.

6.6 Refund Policy

Except as required by law, all payments (including setup or add-on fees) are non-refundable. Once you have paid the Subscription fee, Setup fee, or add on Subscription fees, they are non-refundable, regardless of whether you cancel your subscription or discontinue using the Service before the end of the billing period.

You agree not to:

• Resell, sublicense, or commercially exploit the Service.
• Interfere with the performance, integrity, or security of the Service.
• Remove or obscure proprietary notices.
• Reverse-engineer, decompile, or attempt to derive source code.
• Upload harmful or unlawful content.
• Use bots, scripts, or automated tools without authorization.

Zoodealio will use commercially reasonable efforts to:

• Ensure the Service is accessible over standard network connections, subject to planned or unplanned maintenance.
• Maintain the security of the Service.
• Provide email or web-based support during Zoodealio's regular business hours.

9.1 Responsibility for User Data

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of any data, content, or information (“User Data”) that you provide, upload, submit, or share through the Zoodealio platform.

You represent and warrant that:

• You have all necessary rights, consents, and authorizations to provide User Data to Zoodealio, including any personal information or property information.
• Your submission, storage, and use of User Data on the platform will comply with all applicable laws and regulations, including data privacy and protection laws (such as the Gramm-Leach-Bliley Act, California Consumer Privacy Policy (CCPA), California Privacy Rights Act (CPRA), and applicable state laws).
• You will not submit data or content that infringes or misappropriates the intellectual property, privacy, or other legal rights of any third party.

9.2 License to Zoodealio

You grant Zoodealio a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, store, display, modify, process, and distribute User Data as necessary to provide and improve the Service.

9.3 Deleting User Data

You may delete your User Data or close your account at any time. However:

• Data previously shared with other Users or stored in system backups may remain for a reasonable period.
• Zoodealio may retain data as required by law or for legitimate business purposes.

9.4 Content Moderation

Zoodealio may remove or refuse to display User Data at its discretion if it violates these Terms, applicable law, or third-party rights.

9.5 Third-Party Services

Zoodealio is not responsible for third-party services connected to the platform. Use of such services is at your own risk and governed by their own terms.

9.6 California Privacy Rights

California residents may have additional rights regarding the collection, use, and sharing of their personal information under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). For more information, please refer to our Privacy Policy.

By submitting your property address, personal information, or any other data through the Zoodealio platform to request a Home Report, cash offer, or other related services, you expressly authorize Zoodealio and the licensed real estate agent or broker using the Zoodealio platform to:

• (a) access, collect, and use the submitted information for the purpose of preparing your Home Report, obtaining property valuations, sourcing offers from buyers or investors, or providing other services available on the platform;
• (b) communicate with you regarding your property, offers, or other services related to your request; and
• (c) submit your information to third-party buyers, investors, or other service providers as necessary to obtain offers or deliver the requested services.

You acknowledge and agree that Zoodealio may share your information with the applicable agent or broker and relevant third parties as part of providing the services you have requested. You further acknowledge that you are solely responsible for the accuracy of the information you provide and for complying with all applicable laws and obligations related to your property and transaction.

If you are uploading or submitting homeowner or third-party contact information (including names, addresses, email addresses, and phone numbers) to the Zoodealio platform, you represent and warrant that you have obtained all necessary rights, consents, and permissions to provide such information to Zoodealio and to authorize Zoodealio to send communications, including emails, SMS text messages, phone calls, and other notifications, to those contacts.

You acknowledge and agree that Zoodealio may send service-related communications, Home Reports, offers, promotional messages, and other notifications to those contacts on behalf of the agent or Zoodealio. These communications may continue even if the agent's Subscription is canceled, unless and until the contact opts out of receiving such communications directly from Zoodealio.

You agree to indemnify, defend, and hold harmless Zoodealio from any claims, liabilities, or damages arising from your submission of third-party contact information without appropriate consent or authorization.

12.1 Approval of Terms

Buyers agree to comply with these Terms and the Privacy Policy.

12.2 Participation and Access

Access is granted solely for evaluating and submitting offers on residential real estate properties. Zoodealio reserves the right to revoke access at any time.

12.3 Non-Solicitation and Non-Circumvention

Buyer agrees not to:

• Solicit or contact sellers introduced via Zoodealio directly.
• Circumvent licensed agents or brokers.
• Enter into agreements with sellers without Zoodealio's written consent.

12.4 Data Use and Confidentiality

All platform data is confidential and:

• Used solely for internal evaluation and offer generation.
• Not copied, shared, or resold.
• Deleted upon Zoodealio's request.

12.5 Offer Process and Conduct

Buyer agrees to:

• Submit offers within defined buying criteria.
• Respond within forty-eight (48) business hours.
• Provide complete and accurate offer details.
• Notify Zoodealio within twenty-four (24) hours if unable to proceed.

12.6 API and Platform Usage

If using the API, Buyer must:

• Keep credentials secure.
• Avoid introducing harmful code.
• Use the API only as authorized.

12.7 Performance Standards

Buyer participation may be evaluated on offer rates, response times, and closing performance.

12.8 Indemnification

Buyer will indemnify, defend, and hold harmless Zoodealio and its affiliates, officers, directors, employees, and agents against claims, damages, and liabilities arising from:

• Use of the platform.
• Breach of these Terms.
• Improper handling of seller data.
• Unauthorized seller contact.

12.9 Termination

We may suspend or terminate Buyer access to the Service at any time, with or without notice, for any reason, including breach of these Terms, misconduct, or nonpayment.

Zoodealio may have financial relationships, affiliations, or ownership interests with certain buyers, sellers, programs, or service providers on the platform. These affiliations may include referral fees, partnerships, or marketing arrangements. Such relationships do not imply endorsement, agency, or representation. Users are responsible for conducting independent due diligence.

14.1 Enterprise Users

If you are an Enterprise User, the enterprise organization has the right to control your access, monitor use, and receive reports. Zoodealio is not responsible for resolving internal disputes.

14.2 Administrative Users May

• Review and manage Enterprise User activity for compliance.
• Manage system preferences and certain user accounts.
• Transfer Clients or Leads within the Enterprise.
• Delete Clients or Leads within the Enterprise.
• Access individual user Clients/Leads without authorization.
• Cancel or deactivate individual accounts.

Promotions may be subject to additional rules. If those rules conflict with these Terms, the promotion rules apply.

You assign all rights, title, and interest in any Feedback provided to Zoodealio. Where assignment is ineffective, you grant Zoodealio a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and sublicense such Feedback.

Zoodealio may integrate or link to third-party tools, products, services, or platforms (“Third-Party Tools”). Your use of Third-Party Tools is at your sole risk and subject to the terms and conditions and privacy policies of those third parties. Zoodealio does not control and is not responsible for the functionality, accuracy, legality, or security of Third-Party Tools. Zoodealio disclaims all liability arising from your use of any Third-Party Tools. Zoodealio is not responsible for third-party sites, content, or services linked through the platform. Use them at your own risk.

The Service and all original content, features, and functionality are the exclusive property of Zoodealio and its licensors and are protected by copyright, trademark, and other intellectual property laws.

Zoodealio respects the intellectual property rights of others. If you believe that content on the Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (“DMCA”) to:

Email: support@zoodealio.com

Mailing Address: Zoodealio LLC, 1760 E Pecos Rd Ste 501, Gilbert, AZ 85295

Your notice must include: (i) a description of the copyrighted work you claim has been infringed; (ii) the location of the material on the Service; (iii) your contact information; (iv) a statement that you have a good-faith belief the use is unauthorized; and (v) a statement, under penalty of perjury, that your notice is accurate and you are authorized to act on behalf of the copyright owner.

To the fullest extent permitted by law, Zoodealio's liability shall not exceed the greater of (i) $100 or (ii) the total fees paid by you in the prior twelve (12) months. Zoodealio is not liable for indirect, incidental, consequential, or punitive damages, even if advised of their possibility.

If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

The disclaimers and limitations of liability in these Terms apply to you to the fullest extent permitted by New Jersey law. Nothing in these Terms limits your rights under the New Jersey Consumer Fraud Act or any other applicable consumer protection law.

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Zoodealio, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Zoodealio provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Zoodealio nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Zoodealio are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

You agree to indemnify, defend, and hold harmless Zoodealio and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use or misuse of the Service; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; or (iv) your infringement of any rights of a third party.

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between Zoodealio and any User. You acknowledge that you are acting solely on your own behalf and for your own benefit.

We may suspend or terminate your Account or access to the Service at any time, with or without notice, for any reason including breach of these Terms.

Zoodealio shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, utility failures, internet or telecommunications disruptions, cyberattacks, government actions, or other events of force majeure.

You may not assign or transfer your rights or obligations under these Terms without Zoodealio's prior written consent. Zoodealio may freely assign or transfer its rights or obligations under these Terms without restriction.

If any provision is deemed unenforceable, the remainder of the Terms will remain in effect. Our failure to enforce any right does not waive that right.

Sections related to User Data, Intellectual Property, Indemnification, Limitation of Liability, Disclaimers, Governing Law and Dispute Resolution, and any other provisions that by their nature are intended to survive termination, will remain in effect after termination of these Terms.

You represent and warrant that (i) you are not located in a country subject to a United States government embargo or designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law principles. Any disputes arising from these Terms will be resolved in the state or federal courts located in Maricopa County, Arizona.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Zoodealio.

To the fullest extent permitted by applicable law, you and Zoodealio agree that all claims must be brought in your or Zoodealio's individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You and Zoodealio agree to waive the right to participate in any class, consolidated, or representative action.

By using the Service, you consent to receive electronic communications from Zoodealio, including emails, messages through the platform, and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements that such communications be in writing.

By providing your email address, phone number, or other contact information to Zoodealio, you expressly consent to receive communications from us, including but not limited to service-related announcements, updates, administrative messages, promotional messages, and other communications via email, SMS (text messages), phone calls, or other means.

You understand that message and data rates may apply to SMS communications, depending on your carrier and service plan. You may opt out of promotional emails by following the unsubscribe instructions in those emails, and you may opt out of SMS communications by following the instructions provided in the messages or by contacting us at support@zoodealio.com. Opting out of promotional communications may not affect certain transactional or administrative communications necessary to provide the Service.

For contacts uploaded by Users, Zoodealio will rely on the User's representation that all necessary consents have been obtained for such communications.

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

We may update these Terms at any time. Notice will be provided for material changes. Your continued use after the effective date constitutes acceptance.

Zoodealio is committed to making our website accessible to all individuals, including individuals with disabilities. If you experience difficulty accessing any part of the Service, please contact us at support@zoodealio.com so that we can assist you and address your concerns.

If you have questions about these Terms, please contact us at:

• By email: support@zoodealio.com
• Mailing Address: Zoodealio LLC, 1760 E Pecos Rd Ste 501, Gilbert, AZ 85295