Terms of Service
Last updated: April 22, 2026
By signing up for or using ARCA, you agree to these terms. Please read them carefully.
1. Who can use ARCA
ARCA is built for licensed real estate agents and brokerages operating in jurisdictions where they are legally authorized. You confirm that:
- You hold an active, in-good-standing real estate license if using any tool that generates content for client transactions (CMAs, contracts, listings).
- You are at least 18 years old and can enter into a binding contract.
- The information you provide at signup (name, brokerage, license number) is accurate.
2. What ARCA is · and isn't
ARCA is a software platform that assists licensed agents with content generation, lead intelligence, and workflow automation. ARCA is not:
- A broker. ARCA does not represent buyers or sellers.
- A legal advisor. Contract drafts must be reviewed by your broker or attorney before use.
- A source of market data. CMA output is AI-assisted and must be cross-checked with MLS or licensed data vendors.
3. Subscription and billing
When paid plans are active, subscriptions renew automatically at the interval you selected (monthly). You authorize us to charge your payment method each period until you cancel.
- Free trial: where offered, a 7-day trial starts when you subscribe. You are not charged during the trial. Cancel anytime before trial end to avoid any charge.
- Cancellation: cancel anytime from your Stripe Billing Portal. You retain access through the end of your current billing period.
- Refunds: we don't issue prorated refunds for partial months. If you believe you were charged in error, email us and we'll review.
4. Acceptable use
You agree NOT to:
- Use ARCA to generate content that violates Fair Housing laws (discriminatory language about protected classes).
- Generate CMAs or listings for properties you are not authorized to represent.
- Share your account with agents who aren't on your paid seat count.
- Scrape, reverse-engineer, or abuse the platform or its APIs.
- Upload copyrighted content you don't own (listing photos, for example, must be yours or licensed).
- Use the service to send spam, harassment, or unsolicited marketing at scale.
Violations may result in immediate account suspension.
5. Your content · ownership and rights
You own everything you input and everything ARCA generates for you. We claim no ownership over your leads, properties, deals, contracts, or AI-generated output. You grant ARCA a limited license to process your content to deliver the service.
6. AI output disclaimers
AI-generated text (LUMA scores, NOVA copy, ATLAS CMAs, VAULT contract drafts, agent chat) may contain errors, hallucinations, or outdated information. You must:
- Verify factual claims (prices, dates, school ratings, amenity presence) before publishing or executing.
- Have AI-generated contracts reviewed by your broker or attorney before signing.
- Not present AI output as independent market analysis or legal advice.
7. AI-generated contracts (VAULT)
Contract drafts produced by VAULT — purchase, listing, buyer-broker, addenda, and any future templates — are working drafts, not legal instruments. They exist to accelerate your drafting workflow and to give your broker a starting point for review. Before any client signature:
- Your broker of record must review the draft and confirm it complies with Florida real estate law (Ch. 475, F.S.) and your brokerage's policies.
- An attorney should review any non-standard terms, contingencies, or financing structures.
- You must verify all factual fields (parties, addresses, prices, dates, escrow terms) yourself.
The "approve" action in the broker portal is an internal workflow signal, not legal acceptance, and does not bind ARCA, the brokerage, or any party to the contract terms.
8. Communications compliance (TCPA · CAN-SPAM · MLS)
If you use ARCA to draft or send outbound communications to leads or clients (SMS, WhatsApp, email, voice scripts), you confirm and accept that:
- SMS and WhatsApp: under the federal Telephone Consumer Protection Act (TCPA, 47 U.S.C. §227) and Florida's Telephone Solicitation Act (F.S. §501.059), you must have prior express written consent from a recipient before sending automated SMS/WhatsApp marketing messages to their cellular number. ARCA does not verify or store consent records on your behalf. Sending without consent can result in $500–$1,500 in statutory damages per message. You are solely responsible for consent.
- Email: marketing emails sent via ARCA must comply with CAN-SPAM (15 U.S.C. §7701 et seq.). Each must include a valid sender address and a working unsubscribe mechanism. Transactional emails (welcome, password reset, contract decision) are exempt.
- MLS rules: any listing copy generated in NOVA must comply with your local MLS's content rules (Fair Housing language, factual accuracy, proper attribution). ARCA's Fair Housing scrubber reduces but does not eliminate risk; you remain the responsible party.
9. Florida real estate compliance
ARCA is software, not a brokerage. You retain all professional duties under Chapter 475, Florida Statutes, including (without limitation): proper supervision of licensees, escrow handling, recordkeeping (5-year retention requirement, F.A.C. 61J2-14.012), Fair Housing compliance, and disclosure of material facts. ARCA's audit log is provided as a workflow aid, not as a substitute for your brokerage's required records.
10. Availability and changes
We aim for high uptime but don't guarantee 100%. Scheduled maintenance and occasional outages are part of any SaaS product. We may add, change, or remove features at any time. Material changes will be announced in advance.
11. Liability
TO THE EXTENT PERMITTED BY LAW, ARCA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR LOST-PROFITS DAMAGES.
This limitation does not apply where prohibited by law (for example, consumer protection statutes in your jurisdiction).
12. Termination
You can terminate your account anytime by canceling your subscription and emailing us to request data deletion. We may terminate accounts that violate these terms or abuse the service.
13. Governing law
These terms are governed by the laws of the State of Florida, USA. Disputes go to the courts of Miami-Dade County.
14. Changes to these terms
We may update these terms as the product evolves. We'll email active users about material changes. Continued use after an update means you accept the new terms.
Contact
Questions about these terms? Email legal@arcaagent.com. For privacy questions, see our Privacy Policy.