Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of Total Agent (“Total Agent,” “we,” “us”), including subscriptions, plan allowances, additional usage, and the AI functionality of the platform. Please read them carefully before creating an account.

If you previously accepted a Founding Reservation or other founding- member arrangement, that separate contract continues to govern those historical terms; it is not restated as the current public product Terms below.

These Terms of Service ("Terms") form a legally binding agreement between the customer or authorized user ("Customer," "you," or "your") and Total Agent LLC, a Florida limited liability company ("Total Agent," "we," "us," or "our").

By creating an account, purchasing a subscription, clicking an acceptance control, or accessing or using Total Agent, you agree to these Terms and the Privacy Policy.

If you are accepting these Terms on behalf of a brokerage, team, company, or other organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Platform.

Historical founding-member reservation or Inner Circle arrangements, if any, are governed by the separate contracts or acknowledgments those members accepted at the time of reservation — not by these current public product Terms.

1. PLATFORM

"Platform" means Total Agent's websites, applications, APIs, communications functionality, CRM functionality, Listing Manager, Client Intelligence, Total Agent AI and related artificial-intelligence functionality, calling, messaging, email, calendar, ShowingTime/Webcal functionality, automations, integrations, and other services made available by Total Agent.

Features may be added, changed, limited, suspended, replaced, or discontinued over time. A subscription does not guarantee that any particular future feature, roadmap item, integration, AI model, third-party provider, or functionality will remain available indefinitely.

2. ELIGIBILITY AND BUSINESS USE

The Platform is intended primarily for real-estate professionals, brokerages, teams, and authorized persons supporting real-estate businesses. You represent and warrant that:

• (a) you are at least 18 years old and legally capable of entering into this agreement;
• (b) information supplied to Total Agent is accurate and current;
• (c) you possess any license, brokerage authorization, professional authority, client authorization, consent, or third-party rights required for the activities you conduct using Total Agent;
• (d) your use of Total Agent complies with applicable laws, regulations, professional rules, brokerage policies, MLS rules, contracts, and third-party rights.

Total Agent does not verify or guarantee your professional eligibility unless expressly stated. You remain responsible for maintaining all licenses and authorizations applicable to your business.

3. ACCOUNT SECURITY

You are responsible for safeguarding account credentials; maintaining accurate account and payment information; activities conducted through your account; controlling access granted to employees, assistants, team members, or other authorized persons; and promptly notifying Total Agent of suspected unauthorized access.

Total Agent may require authentication, identity verification, multi-factor authentication, security challenges, or other safeguards where offered. Multi-factor authentication is available but is not required for every account unless Total Agent enables a specific security requirement for your account.

You may not share credentials in a manner that circumvents account, seat, usage, security, or billing restrictions.

4. MONEY-BACK GUARANTEE AND PROMOTIONS

Total Agent does not offer a free trial. A self-serve plan is paid at checkout: the plan you select is charged when you complete checkout and begins immediately, with its full allowances for that billing period.

4.1 14-Day Money-Back Guarantee. If you cancel your plan within 14 days of your account’s first plan payment, Total Agent will refund your first subscription charge in full to the original payment method. Your first subscription charge is your plan and any recurring add-on bought as part of that subscription, such as Group Messaging or Team Access. Eligibility is decided by when you cancel, not by when the refund is processed: a cancellation requested before the 14 days end qualifies even if the refund is issued afterwards. Cancel through Settings → Billing → Cancel plan, or by writing to hello@totalagent.app, within those 14 days. The guarantee applies once per account. It does not cover usage packs, including packs purchased automatically under Section 6, or any charge for a later billing period. When the refund is issued the subscription ends and paid access stops. The guarantee does not apply to an account terminated for breach of these Terms, fraud or abuse.

Before you are charged, the checkout screen discloses the plan selected, its price and billing interval, the amount charged at checkout, this guarantee, and that the plan renews until you cancel. The allowances each plan includes, how Messaging Units / Call Intelligence minutes / AI Credits are consumed, automatic pack prices, Group Messaging and Team Access are published on Total Agent’s pricing page and in Section 6. You authorize those charges by completing checkout.

4.2 Promotions. Total Agent may offer a promotion, such as additional AI Credits for a limited number of billing periods. A promotion’s specific terms are displayed on the pricing page and at checkout and control for that promotion. Unless those terms say otherwise, promotional allowances are added to a plan’s included allowances only for the billing periods the promotion states, are used and reset like included allowances, do not roll over, have no cash value, and are not refunded or credited if unused. A promotion does not change a plan’s price or its included allowances.

4.3 October AI Bonus. An account whose first paid self-serve plan begins between October 6, 2026 and October 31, 2026 at 11:59:59 PM (U.S. Eastern Time) receives, in each of its first three paid monthly billing periods, additional AI Credits equal to the AI Credits included in its plan for that period, when that plan is Producer, Top Producer, Premier or Elite. Starter earns no bonus, and the bonus follows the plan held in each of those periods: an account that moves to Starter receives none while it is on Starter, and one that moves back to an eligible plan within its first three paid periods receives the bonus for the periods that remain. Internal Beta accounts, legacy plans and accounts whose first plan payment was made before October 6, 2026 are not eligible. Total Agent may end the promotion for new signups earlier by removing it from the pricing page; accounts already enrolled keep it for their remaining eligible periods.

5. SUBSCRIPTIONS AND PRICING

Current base prices are published at checkout and on Total Agent’s pricing page. As of the effective date above, the self-serve Total Agent plans are:

5.1 Starter — $79/month. Includes 250 Messaging Units, 50 Call Intelligence minutes and 5,000 AI Credits per monthly billing period. Group Messaging is available as an add-on at $39/month. Team Access is available to the account owner once the plan has begun, at the rate shown before it is added, currently $39/month, raising the account to up to 5 total users including the owner. Adding Team Access charges a prorated amount for the rest of the current billing period; removing it credits the unused time to your next invoice. Add-ons do not increase the three usage allowances.

5.2 Producer — $149/month. Includes 500 Messaging Units, 100 Call Intelligence minutes and 15,000 AI Credits per monthly billing period. Group Messaging is available as an add-on at $39/month. Team Access is available as an add-on at $39/month once the plan has begun, for up to 5 total users including the owner, on the same proration terms as Section 5.1.

5.3 Top Producer — $299/month. Includes 1,000 Messaging Units, 200 Call Intelligence minutes and 35,000 AI Credits per monthly billing period. Group Messaging is included. Team Access is available as an add-on at $39/month once the plan has begun, for up to 5 total users including the owner, on the same proration terms as Section 5.1.

5.4 Premier — $479/month. Includes 2,500 Messaging Units, 500 Call Intelligence minutes and 100,000 AI Credits per monthly billing period. Group Messaging and Team Access (up to 5 total users including the owner) are included.

5.5 Elite — $699/month. Includes 4,000 Messaging Units, 800 Call Intelligence minutes and 200,000 AI Credits per monthly billing period. Group Messaging and Team Access (up to 5 total users including the owner) are included.

Enterprise pricing is custom and is not sold self-serve; contact Total Agent for Enterprise pricing when you need custom high usage, larger teams or brokerages, account structure, custom allowances, integrations or support. All self-serve plans include unlimited listings and unlimited CRM and Client Intelligence contacts. The number of listings or contacts you store is not itself a billable quantity; what is metered is Messaging Units, Call Intelligence minutes and AI Credits. Ordinary contact import and storage do not consume AI Credits; AI work performed on contacts (analysis, enrichment, summarization, drafting, database Q&A and similar) consumes AI Credits.

If a conflict exists between prices stated in these Terms and the price expressly presented to and accepted by you at checkout, the accepted checkout/order terms control for that purchase.

6. ALLOWANCES AND ADDITIONAL USAGE

Each plan includes three separate allowances per monthly billing period: Messaging Units, Call Intelligence minutes and AI Credits. Included allowances reset at the start of each billing period and do not roll over. Usage packs you purchase apply to the current billing period only: unused pack units expire at that billing-period boundary and do not roll over. If you use more than a plan includes in a pool, Total Agent automatically purchases as many matching packs as that one action needs on the payment method you authorised at checkout: +250 Messaging Units for $39 each, +100 Call Intelligence minutes for $29 each, or +10,000 AI Credits for $29 each. You will not be asked to confirm each pack after you accept this at checkout.

By purchasing a subscription, you expressly authorize Total Agent and its payment processor to charge automatic pack fees for usage beyond your included allowances to your payment method, including multiple packs when one action requires them, without requiring a separate approval each time a pack is purchased.

6.1 What consumes allowances. As of the effective date: a text message sent or received consumes one Messaging Unit per logical message (not per carrier segment). Group Messaging uses Messaging Units based on the number of recipients: a group message sent to 3 recipients uses 3 Messaging Units from your allowance; replies into the group use 1 Messaging Unit each. Connected calls consume Call Intelligence minutes and include recording, transcription and AI summary; a missed or failed call consumes none. AI-assisted processing consumes AI Credits in proportion to the processing performed. Delivery receipts, provider status events, ShowingTime control messages and communications that reached no recipient are not charged, and a redelivered inbound event or a provider retry of the same logical message is not charged twice.

6.2 AI-assisted processing. AI consumes AI Credits in proportion to the processing actually performed on your behalf, including interpretation of inbound messages, drafting, summarization, and grounded question answering. AI assistance is set per listing: a listing with AI assistance off involves no AI processing and consumes no AI Credits, while its messaging and calling are charged as described in Section 6.1. A text from a number that is not a participant or visiting agent on one of your listings, and that does not name a listing with AI assistance off, is governed instead by your account’s AI replies setting: when that setting allows AI replies to everyone who texts, AI may read and reply to such a message and that processing consumes AI Credits; under the other settings it does not. Requests you make of Total Agent AI yourself consume AI Credits for the processing they require. Consumption varies with the model used, the complexity of the conversation and the amount of information processed. When an AI Credits balance is exhausted, the matching AI pack is purchased automatically as described in Section 6; to limit AI use, turn AI assistance off on a listing or change your account’s AI replies setting.

6.4 Additional usage and packs. Automatic pack prices are published on Total Agent’s pricing and plan-selection pages and shown in Settings → Billing. Higher plans include larger allowances. Total Agent’s internal usage records, together with applicable provider records, determine usage, subject to correction of demonstrable errors. Team Access is enforced at the account level: exceeding your plan’s user limit requires Team Access or a higher plan that includes it. Group Messaging requires the Group Messaging entitlement (included on Top Producer and above, or purchased as an add-on).

6.5 Proration and Reconciliation. Subscription changes occurring during a billing period may be prorated. Decreases generally do not generate immediate mid-cycle credits and may be reflected beginning with a subsequent applicable billing period. Total Agent may use reasonable measurement, reconciliation, correction, and billing procedures to account for delayed provider events, duplicate events, retries, billing failures, synchronization delays, or corrected usage records, including temporary pending mechanisms to avoid interrupting legitimate workflows during provider or payment-system delays, subject to eventual billing or restriction.

7. ANNUAL SUBSCRIPTIONS

Where Total Agent offers an annual billing interval, annual pricing applies to the base subscription only unless expressly stated otherwise. Additional-usage charges are not discounted merely because the base subscription is annual. Accordingly, an annual customer may receive an annual base-subscription charge together with separate periodic additional-usage charges.

Annual subscriptions renew for another annual term unless canceled before renewal, subject to applicable law and the cancellation terms presented to the customer. Where applicable law requires renewal notices or additional cancellation rights, Total Agent will provide them.

8. TELECOMMUNICATIONS MEASUREMENT

Messaging and calling are delivered through third-party telecommunications providers and carriers. Carrier segmentation rules, message classification, number-registration requirements, and provider measurement determine how much capacity a given communication consumes. Total Agent measures usage against those provider records together with its own records, subject to correction of demonstrable errors.

Missed, failed, connected, voicemail, inbound, outbound, and other call and message types may be treated differently under the Platform’s published usage rules.

9. PAYMENT AUTHORIZATION

You authorize Total Agent and its payment processor (currently Stripe) to charge your payment method for subscription fees, renewal fees, team add-on fees, additional-usage charges under Section 6, taxes, and other charges expressly authorized under your order or subscription.

You are responsible for maintaining a valid payment method. If payment fails, Total Agent may retry payment, restrict paid functionality, suspend services, prevent additional paid usage, or terminate the subscription. You remain responsible for valid accrued charges.

10. CANCELLATION AND REFUNDS

You may cancel through available account controls — primarily Settings → Billing → Cancel plan — or another cancellation method provided by Total Agent (including hello@totalagent.app). Cancellation is ordinarily processed as cancel-at-period-end: you retain access through the end of the then-current paid billing period, after which renewal stops.

For monthly subscriptions, cancellation ordinarily prevents renewal after the current paid billing period. For annual subscriptions, cancellation ordinarily prevents the next annual renewal.

Except under the 14-Day Money-Back Guarantee in Section 4.1, or where required by law or expressly promised in a separate written offer, fees already charged are non-refundable and non-creditable, including partial billing periods, unused capacity, unused allowances, unused minutes, unused features, usage packs, and mid-cycle cancellations.

Total Agent does not offer a money-back guarantee beyond Section 4.1. If Total Agent separately advertises another refund program, the specific written terms of that offer control.

11. TAXES

Prices may exclude applicable taxes. You are responsible for sales, use, telecommunications, VAT, excise, or other taxes imposed on your purchase or use, except taxes imposed on Total Agent's net income.

12. PRICE AND PRODUCT CHANGES

Total Agent may change future subscription, allowance, additional-usage, or other pricing upon reasonable notice where required. Price changes do not retroactively alter charges already incurred. Continued use after an applicable pricing change takes effect may constitute acceptance to the extent permitted by law.

13. AI AND AUTOMATION

Total Agent AI and other Platform functionality use artificial intelligence and automated decision-support systems. Depending on the features and settings enabled, the Platform may analyze contacts and communications; classify information; enrich records; summarize conversations or documents; recommend or determine next actions; draft communications; send or schedule communications; manage follow-up; update CRM information; coordinate listing-related communications; schedule activities; surface opportunities; and perform other automated actions.

AI and automation are probabilistic and may make mistakes. Outputs may be incomplete, inaccurate, outdated, inappropriate, duplicated, delayed, or inconsistent. Total Agent does not warrant the accuracy or completeness of AI-generated or automated output.

You remain responsible for reasonable supervision of your business and for reviewing matters requiring professional judgment, including where law or professional rules require human review of automated outputs or actions. Total Agent is not your attorney, broker, accountant, tax adviser, fiduciary, compliance officer, or substitute for professional judgment. Nothing generated by the Platform constitutes legal, tax, accounting, financial, brokerage, or other regulated professional advice.

Total Agent does not guarantee leads, closings, commissions, response rates, appointments, time savings, cost savings, or any particular business results. Past or illustrative performance is not a promise of future results.

14. USER INSTRUCTIONS AND AUTOMATED ACTIONS

You authorize Total Agent to process your data and perform actions reasonably necessary to provide enabled Platform functionality. Where you enable autonomous functionality, you authorize the Platform to perform permitted actions without individual approval each time, subject to product settings, safeguards, restrictions, and applicable law.

You are responsible for configuring the Platform appropriately for your business. Total Agent may impose safeguards or refuse, delay, cancel, or modify automated actions when reasonably necessary for security, compliance, product integrity, provider restrictions, opt-outs, or abuse prevention.

15. COMMUNICATIONS COMPLIANCE

The Platform may enable email, SMS, MMS, telephone calls, voicemail, automated communications, and other communications. You are responsible for ensuring that communications made using your account comply with applicable laws and rules, including where applicable TCPA requirements, Do Not Call requirements, state telemarketing laws, consent requirements, opt-out and revocation requirements, A2P/10DLC requirements, carrier requirements, fair housing laws, and brokerage and professional obligations.

You represent and warrant that you have a lawful basis and all required consent or authorization to communicate with recipients through the Platform. You may not use Total Agent to evade opt-outs, Do Not Call requests, suppression lists, carrier restrictions, or legal requirements.

Total Agent may block, throttle, suspend, or terminate communications that create legal, carrier, fraud, abuse, deliverability, or reputational risk. Total Agent does not guarantee carrier acceptance, message delivery, caller-ID treatment, spam filtering, campaign approval, telephone-number availability, or telecommunications-provider performance.

Providing a phone number at signup or for account security does not, by itself, constitute consent to receive marketing or promotional SMS. Account, security, transactional, and service messages may be sent as needed to operate your account; promotional messages require separate consent where required by law.

16. RECORDING, TRANSCRIPTION, AND CALL INTELLIGENCE

Certain features may record, transcribe, summarize, analyze, or otherwise process calls or other communications. Where Calls features are enabled for your account, the Platform may both record and transcribe connected calls to deliver those features.

Recording and consent laws vary by jurisdiction. You are responsible for determining and obtaining any notice, disclosure, consent, or authorization required before using recording or transcription functionality. You may not direct Total Agent to record or intercept a communication where doing so would violate applicable law.

Total Agent may provide notices or product controls intended to assist with compliance, but such features do not transfer your legal obligations to Total Agent and are not legal advice. Automated disclosures are not guaranteed for every jurisdiction, carrier, device, or call path.

17. CLIENT AND THIRD-PARTY DATA

You represent and warrant that you have the right to upload, import, synchronize, store, process, enrich, communicate with, and otherwise use all client, lead, contact, transaction, property, document, calendar, email, showing, and other information submitted to the Platform.

You are responsible for providing legally required privacy notices to your clients, prospects, and contacts regarding your use of third-party tools (including AI-assisted tools) and for obtaining any consents required by law, regulation, or professional ethics rules.

You retain ownership of Customer Content you submit. You grant Total Agent a limited license to host, process, transmit, and display that content solely to provide the Platform. Total Agent does not claim ownership of your client data.

18. LICENSE GRANT AND RESTRICTIONS

Subject to these Terms and payment of applicable fees, Total Agent grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business purposes during your subscription.

You will not copy, modify, reverse-engineer, or attempt to extract Total Agent AI systems; build a competing product using the Platform; upload content you lack rights to process; circumvent security, rate limits, or billing restrictions; or use the Platform for unlawful, harassing, discriminatory (including fair-housing violations), or abusive purposes.

Total Agent retains all right, title, and interest in the Platform, including trademarks (Total Agent™), patents and patent applications, copyrights, and trade secrets. You acquire no ownership rights in the Platform.

19. THIRD-PARTY SERVICES AND DEPENDENCIES

The Platform depends on third-party providers that Total Agent does not control, including Stripe (payments), Telnyx (voice/SMS), Nylas (email/calendar connectivity), Google and Microsoft (OAuth and mailbox/calendar APIs), Supabase (database/infrastructure), AI model providers (including Anthropic for language models and speech-to-text providers used for transcription), ShowingTime/Webcal calendar feeds, and MLS or listing data sources where integrated.

Outages, rate limits, policy changes, authentication decisions, carrier decisions, data errors, or feature changes at those providers may affect the Platform. Total Agent does not control third-party uptime, acceptance, or continued availability.

20. BROKERAGE FEATURES

If your brokerage later enrolls in brokerage-visibility or similar features, access will be limited to what that enrollment and product settings expressly enable. Where no such enrollment exists, these Terms do not create broker access to your CRM, communications, or account.

21. PRIVACY

Your use of the Platform is subject to our Privacy Policy at totalagent.app/privacy, which is incorporated by reference.

22. INDEMNIFICATION

You will defend, indemnify, and hold harmless Total Agent LLC and its officers, directors, employees, contractors, and affiliates from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms; your communications or outreach; your client or third-party data; unauthorized uploads; regulatory actions arising from your use; and claims that your use violated real-estate, communications, fair-housing, consumer-protection, or professional rules.

Total Agent will defend and indemnify you from third-party claims alleging that the Platform itself (excluding Customer Content and your configuration) infringes a U.S. patent, copyright, or trademark, subject to the limitations in Section 23.

23. DISCLAIMERS AND LIMITATION OF LIABILITY

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TOTAL AGENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OPERATION.

Total Agent specifically disclaims warranties regarding AI outputs and third-party data (including MLS data).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL AGENT'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE FEES YOU PAID TO TOTAL AGENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

TOTAL AGENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24. TERMINATION

You may terminate by canceling through Settings → Billing → Cancel plan or by written notice to hello@totalagent.app. Access ordinarily continues through the end of the then-current billing period.

Total Agent may suspend or terminate your account upon notice for breach, legal risk, security risk, unpaid fees, required legal process, or Platform discontinuation (with reasonable advance notice where practicable).

Upon termination, access ceases, outstanding fees become due, and surviving obligations (including indemnification, IP, AI/comms compliance, and liability limits) continue. You may request export of available data for a limited post-termination window subject to verification and technical feasibility.

25. DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms or the Platform will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Palm Beach County, Florida, except that Total Agent may seek injunctive relief in the courts of Palm Beach County, Florida to protect intellectual property, confidential information, or Platform integrity.

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST TOTAL AGENT.

Any claim must be brought within one (1) year after the cause of action accrues, or it is permanently barred.

26. CHANGES TO THESE TERMS

Total Agent may modify these Terms. For material changes, Total Agent will provide reasonable advance notice via email, in-app notification, or Platform banner. Continued use after the effective date constitutes acceptance.

27. GENERAL

These Terms, the Privacy Policy, any Agent License Attestation you accept, and any order forms constitute the entire agreement regarding the subject matter. Separate historical reservation contracts, if any, remain governed by their own terms.

If any provision is unenforceable, the remainder continues in effect. Failure to enforce a right is not a waiver. You may not assign these Terms without Total Agent's consent; Total Agent may assign to a successor. Nothing creates a partnership, joint venture, or agency. Notices to Total Agent: hello@totalagent.app. Notices to you: the email on your account.

28. CONTACT

BY CLICKING "I AGREE" OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.