Effective Date: December 15, 2025
Governing Law: State of Texas, United States
Welcome to Exphired. These Terms of Service ("Terms") govern your access to and use of our expired listing letter services, including AI-powered letter generation, direct mail fulfillment, and related services (collectively, the "Services") provided by Exphired ("we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
Eligibility: You must be at least 18 years old, hold a valid real estate license (where applicable), and have the legal authority to enter into this agreement to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
Modifications: We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" and, for significant changes, by providing additional notice. Your continued use of the Services after any modifications constitutes acceptance of the updated Terms.
Our platform provides the following services for real estate professionals:
Service Availability: We strive to provide reliable service, but we do not guarantee that the Services will be available at all times or without interruption. We may perform scheduled maintenance or experience unplanned downtime.
Data Accuracy: While we strive to provide accurate expired listing data, we cannot guarantee the accuracy, completeness, or timeliness of property or owner information. You are responsible for verifying information before use.
Service Changes: We may add, modify, or discontinue features of the Services at any time. For material changes that negatively affect your use, we will provide reasonable notice.
To use our Services, you must create an account. You agree to provide accurate, current, and complete information during registration, including your real estate license information where required, and to update this information to keep it accurate.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to our Services or other users.
Our services are offered on a pay-per-letter or subscription basis. Current pricing is displayed on our website and may vary based on volume, letter type, and fulfillment options.
For subscription plans, billing occurs on a monthly or annual basis, as selected at purchase. For pay-per-letter orders, payment is required at the time of order placement.
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for renewal.
All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all service fees and applicable taxes.
For subscription plans, you may cancel at any time and your subscription will remain active until the end of your current billing period. No refunds are provided for partial billing periods. For pay-per-letter orders, refunds may be requested within 24 hours of order placement if letters have not yet been printed.
Note: Once letters have been printed and mailed, they cannot be recalled and are not eligible for refund. Please review all letter content and recipient information carefully before submitting orders.
We may change our pricing with at least 30 days advance notice. Price changes will take effect at your next billing cycle after the notice period.
You agree not to use our Services to:
You are responsible for ensuring your letter content and mailing practices comply with:
You retain all ownership rights to the original content you create using our Services, including your customized letter text and uploaded materials. We do not claim ownership of your content.
By uploading content to our Services, you grant us a limited, non-exclusive license to use, process, print, and mail your content solely for the purpose of providing our Services.
Letters generated using our AI features are created specifically for you. You are responsible for reviewing and approving all AI-generated content before sending. You assume full responsibility for the content of letters sent through our Services.
You are solely responsible for:
The Services, including all code, design, features, content, trademarks, letter templates, and AI models, are owned by Exphired and protected by intellectual property laws. All rights not expressly granted are reserved.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.
Our letter templates and AI-generated content are licensed for your use within our Services. You may use letters sent through our platform but may not redistribute, resell, or use our templates outside our platform without authorization.
"Exphired" and related logos are trademarks of Exphired. You may not use our trademarks without prior written permission.
Our Services integrate with third-party services including Stripe (payments), OpenAI (AI generation), and printing/mailing partners. Your use of these integrations is subject to the respective third-party terms of service.
We are not responsible for the availability, accuracy, or practices of third-party services. Any issues with third-party services should be directed to those providers.
Service interruptions or delays by third-party providers (including postal services) may affect delivery times. We will make reasonable efforts to minimize disruption but cannot guarantee delivery timelines.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that:
You acknowledge that results from using our Services depend on many factors outside our control, including market conditions, recipient receptiveness, and local competition. We cannot guarantee any specific business outcomes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPHIRED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
Maximum Liability: Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the greater of (a) the fees you paid to us in the 12 months preceding the claim, or (b) $100 USD.
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow these limitations, so they may not apply to you.
You agree to indemnify, defend, and hold harmless Exphired, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
You may terminate your account at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period. Outstanding orders in progress will be completed.
We may suspend or terminate your account if you:
Upon termination, your right to use the Services will immediately cease. We will retain your data for a limited period as described in our Privacy Policy, after which it will be deleted.
Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive termination.
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.
Any legal proceedings shall be brought exclusively in the courts located in Travis County, Texas, and you consent to personal jurisdiction in these courts.
Before filing any formal dispute, you agree to contact us at support@exphired.com and attempt to resolve the dispute informally for at least 30 days.
Any dispute arising from or relating to these Terms or the Services that cannot be resolved through informal resolution shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas. The arbitrator's decision shall be final and binding.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Exphired regarding the Services.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, postal service disruptions, or internet outages.
We may send notices to the email address associated with your account. You are responsible for keeping your contact information current. Notices to us should be sent to support@exphired.com.
If you have any questions about these Terms, please contact us: