Legal
Terms of service
The terms governing access to this website and use of Holden’s services.
1. Agreement
By accessing this website or using Holden, you agree to these Terms of Service and any applicable order form, statement of work, messaging policy, privacy policy, or data processing agreement. If you use Holden for an organization, you represent that you can bind that organization.
2. The service
Holden provides software and implementation services for responding to configured fresh inbound real-estate inquiries by SMS, collecting approved qualification information, routing conversations, and handing them to authorized customer personnel. Features, allowances, support, fees, and implementation scope are set out in the applicable plan or order form.
3. Customer responsibilities
You are responsible for your lead sources, customer data, messaging disclosures, lawful basis and consent, agent conduct, listing information, configured rules, and compliance with applicable real-estate, privacy, telemarketing, carrier, and messaging requirements. You must provide accurate sender and campaign information and preserve any consent evidence Holden reasonably requires.
You must not use Holden for scraped or purchased lists, deceptive sender identities, discriminatory routing, unlawful steering, harassment, fraud, unsolicited bulk messaging, or legal, financial, negotiation, or other licensed advice.
4. Messaging and opt-outs
You authorize Holden and its communications providers to transmit messages for the configured workflow. The opening message must identify the relevant business and Holden as its automated assistant and include the required STOP instructions. Clear opt-out requests must suppress further messages within that sender and consent scope. You may not disable, bypass, or interfere with consent gates or suppression controls. Additional terms appear in the SMS Policy.
5. Human oversight
Holden is an automation tool, not a licensed real-estate professional. You are responsible for reviewing outputs and ensuring qualified personnel handle appointments, representation, negotiations, contracts, disclosures, advice, and fair-housing-sensitive questions. You must keep routing and escalation contacts current.
6. Fees and billing
Fees, handled-lead allowances, overages, implementation charges, taxes, and billing periods are described on the pricing page or applicable order form. Implementation fees become nonrefundable once configuration work begins. Unless an order form says otherwise, paid subscriptions renew monthly until cancelled.
7. Customer data
You retain ownership of customer data. You grant Holden the rights necessary to host, transmit, process, and support that data solely to provide and secure the service, comply with law, and perform obligations under our agreement. You represent that you have the rights needed to provide the data to Holden.
8. Intellectual property
Holden and its licensors own the service, software, workflows, visual design, documentation, and related intellectual property, excluding customer data. Subject to payment and these terms, Holden grants you a limited, non-exclusive, non-transferable right to use the service during your subscription.
9. Acceptable use
You may not reverse engineer the service except where law expressly permits, disrupt or probe its systems, use it to develop a competing model or product, transmit malware, violate another person’s rights, or exceed rate or usage limits. Holden may suspend activity that creates security, legal, carrier, or platform risk.
10. Third-party services
Holden may rely on communications carriers, hosting providers, CRM or lead-source connections, and other third-party services. Their availability and terms are outside Holden’s control. Customers remain responsible for their own third-party subscriptions.
11. No outcome guarantee
Holden does not guarantee response delivery, lead quality, qualification completion, appointments, conversion, revenue, or closings. Delivery can be affected by lead-source timing, carrier filtering, registration status, recipient behavior, agent performance, market conditions, and third-party systems.
12. Disclaimers
To the maximum extent permitted by law, the website and service are provided “as is” and “as available.” Holden disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing on the website is legal, compliance, financing, or real-estate advice.
13. Limitation of liability
To the maximum extent permitted by law, Holden will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, or business interruption. Holden’s aggregate liability relating to the service will not exceed the fees paid to Holden under the applicable order form during the six months before the event giving rise to the claim, unless applicable law requires otherwise.
14. Suspension and termination
Either party may terminate according to the applicable order form. Holden may suspend or terminate access for nonpayment, material breach, unlawful use, security risk, carrier or provider requirements, or conduct likely to harm recipients, Holden, or third parties. Sections that by their nature should survive will survive termination.
15. Governing terms
The governing law, venue, notices, and dispute process for a customer relationship will be stated in the applicable order form. If no signed agreement exists, contact Holden before relying on the service in a live customer workflow.
16. Changes and contact
We may update these terms. Continued use after an update becomes effective constitutes acceptance where permitted by law. Questions can be sent to hello@tryholden.com.