Terms of Service

These Terms of Service ("Terms") govern access to Sorted, a private-beta service provided by Attune Technologies, Inc. ("Attune," "we," "us," or "our"). Each Sorted Customer and Sorted User agrees to these Terms by accepting them or by accessing or using Sorted.

Definitions

• Sorted Customer. An individual real estate professional, brokerage, team, or other organization that subscribes to or receives access to Sorted.
• Sorted User. A person whom a Sorted Customer permits to use its Sorted account, such as an employee, agent, or contractor.
• Contact. An end consumer, such as a current or prospective client or lead, whose information a Sorted Customer manages or with whom it communicates through Sorted.
• Customer Content. CRM data, contacts, communications, open-house sign-ins, leads, consent records, recordings, transcripts, summaries, notes, prompts, files, and other information submitted to or collected through a Sorted Customer's authorized use of Sorted.

Eligibility and accounts

Each Sorted Customer and Sorted User must be at least 18 years old, located in the United States, and able to enter a binding agreement. You must provide accurate account information, protect your credentials, and promptly report suspected unauthorized access.

Organizations and authority

If you use Sorted for an organization, you represent that you are authorized to act for that organization. Organization administrators may manage membership and account settings. Each Sorted Customer is responsible for its Sorted Users, connected accounts, and activities performed through its Sorted account.

Private beta and paid agreements

Sorted is an invite-only private beta. Features may change, break, or be removed, and no service-level commitment applies unless a separate written agreement says otherwise. Some Sorted Customers may pay under a separate pilot agreement or order form. That agreement controls fees, payment, and any terms that expressly conflict with these Terms.

Customer Content and ownership

As between the Sorted Customer and Attune, the Sorted Customer owns its Customer Content. The Sorted Customer grants Attune a limited right to host, copy, process, transmit, and display Customer Content only as needed to provide, secure, support, and improve Sorted under these Terms and our Privacy Policy.

Attune owns Sorted, its software, designs, documentation, and related intellectual property. If you provide feedback, Attune may use it without restriction or payment, but will not identify you publicly without permission.

Sorted Customer responsibilities

A Sorted Customer must have lawful authority to connect each CRM, communication account, and device; provide Customer Content; capture communications or call records; communicate with each Contact; and direct Sorted to process that information. The Sorted Customer must give required notices, obtain and preserve required consents, honor opt-outs, and comply with applicable privacy, communications, recording, real estate, employment, and other laws.

Sorted is designed for ordinary CRM information. Do not submit passwords, payment-card data, government identification numbers, health information, or other regulated sensitive data. You are responsible for reviewing recipients, content, and settings before approving an external action.

AI features

Sorted uses AI to generate text, summaries, recommendations, enrichment, and proposed actions. AI output can be incomplete, inaccurate, or inappropriate. You must review and verify consequential output before relying on it, sending it, or approving an action. Sorted does not provide legal, financial, tax, brokerage, fair-housing, or other professional advice.

By default, Attune uses AI providers and settings that do not permit Customer Content to train shared provider models. A Sorted Customer must expressly choose any future option governed by different provider data-use terms. Attune may use genuinely de-identified or aggregated information to improve Sorted, including its models, as described in the Privacy Policy.

Acceptable use

You must not use Sorted to:

• Violate law, regulation, another person's rights, or a contractual duty.
• Discriminate or support conduct that violates the Fair Housing Act or another housing, civil-rights, or anti-discrimination law.
• Send spam, deceptive messages, unlawful marketing, or messages without required consent.
• Harass, threaten, exploit, defraud, impersonate, or harm another person.
• Record, monitor, or capture communications without required authority or consent.
• Probe, disrupt, overload, reverse engineer, or bypass Sorted's security or access controls.
• Upload malware or use Sorted to develop or facilitate unlawful activity.

Connected and third-party services

A Sorted Customer may direct Sorted to connect to CRMs and other data systems it already uses. The Sorted Customer must provide authorized access and comply with each connected system's terms and policies. The Sorted Customer authorizes Attune to exchange the information needed to provide the requested integration.

Sorted also depends on third-party services for authentication, hosting, AI, enrichment, and device features. A third party's availability, terms, changes, or outages may affect Sorted. We are not responsible for a third party's independent service.

Google Maps

Sorted includes Google Maps features and content, such as the places the assistant finds and their details. Use of Google Maps features and content is subject to the then-current versions of the Google Maps End User Additional Terms of Service and the Google Privacy Policy. Attune may suspend or end a Sorted User's access to Google Maps features and content if the user does not comply with those terms.

Communications with Contacts

Sorted may support email and may capture the phone calls and the SMS, MMS, and other messages a Sorted Customer exchanges with Contacts through its own devices and accounts. Sorted may draft a text message for a Sorted User, but it does not send text messages. The Sorted User reviews the draft and chooses whether to send it through the user's own communication account or device. The Sorted Customer and Sorted User are responsible for the message's content, recipient, legal basis, and any required consent or opt-out handling.

A Sorted Customer must provide required notices, obtain and preserve any required consent, and honor each Contact's communication preferences.

Sign-in pages and lead capture

A Sorted Customer may publish open-house sign-in pages, run Sorted's sign-in kiosk on its own device, and send leads to Sorted from its website forms and automation tools. The Sorted Customer is responsible for the accuracy of the name, brokerage, and license information its pages show; for any brokerage, advertising, and fair-housing disclosures that apply to it; for the notices on forms it connects to Sorted; and for keeping its private lead address confidential. Information received through its pages and lead address is the Sorted Customer's Customer Content.

A consent record in Sorted reflects what a Contact submitted and the wording shown. It does not establish that the consent satisfies any law. Before contacting a Contact, including by automated or marketing messages, the Sorted Customer must determine that it has the consent the law requires and must honor opt-outs it receives outside Sorted.

Attune may disable a sign-in page or lead address to prevent abuse or to protect Sorted or others.

Calls

Sorted does not record, transcribe, or summarize calls. When a Sorted Customer captures a call from its own device, Sorted stores the call's metadata (the participants, direction, outcome, duration, and time) and may prompt the Sorted Customer for a note. That note is the Sorted Customer's content. The Sorted Customer must review it before relying on it or adding it to a Contact's record.

Suspension, termination, and data export

Attune may suspend or terminate access when reasonably necessary to protect Sorted or others, comply with law, address nonpayment under a separate agreement, or respond to a material breach of these Terms. A Sorted Customer may stop using Sorted at any time, subject to any separate paid agreement.

During the 30 days after service ends, a Sorted Customer may request a reasonable machine-readable export of its Customer Content. Attune will then delete or de-identify Customer Content as described in the Privacy Policy, except for information we must retain.

Private-beta disclaimers

Sorted is provided "as is" and "as available" during the private beta. To the maximum extent permitted by law, Attune disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Attune does not promise that Sorted or AI output will be uninterrupted, error-free, complete, or suitable for a particular decision. A separate written agreement may provide different warranties or service commitments.

Indemnification by the Sorted Customer

To the extent permitted by law, the Sorted Customer will defend, indemnify, and hold harmless Attune and its affiliates, directors, officers, employees, and agents from third-party claims and resulting damages, judgments, settlements, penalties, fines, and reasonable attorneys' fees arising from:

• Customer Content or an allegation that Customer Content violates another person's rights.
• The Sorted Customer's or a Sorted User's unlawful use or material breach of these Terms.
• Communications, capture, or recording directed by the Sorted Customer, including a failure to provide notice, obtain consent, preserve proof of consent, or honor an opt-out.

Attune will promptly notify the Sorted Customer of a covered claim and reasonably cooperate at the Sorted Customer's expense. A delay in notice relieves the Sorted Customer of its obligations only to the extent the delay materially harms the defense. The Sorted Customer may control the defense and settlement, but may not admit fault for Attune or impose an obligation on Attune without Attune's prior written consent.

Limitation of liability

To the maximum extent permitted by law, Attune, Sorted Customers, and Sorted Users will not be liable under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business interruption, even if the responsible party knew those damages were possible.

Attune's total aggregate liability arising out of or related to Sorted or these Terms will not exceed the greater of $100 or the fees the Sorted Customer paid Attune for Sorted during the 12 months immediately before the event giving rise to the claim. This limit applies regardless of the legal theory and even if a limited remedy fails of its essential purpose.

If Attune materially breaches these Terms and does not cure the breach within 30 days after receiving written notice, the Sorted Customer may terminate its use of Sorted. Attune will refund prepaid fees for the unused portion of the terminated service period.

These limitations do not apply to Attune's fraud, gross negligence, or willful misconduct, or to liability that cannot be limited under applicable law. They do not limit a Sorted Customer's payment or indemnification obligations.

Governing law and disputes

California law governs these Terms and any dispute arising from them or from Sorted, without regard to conflict-of-law rules. Any such dispute must be brought exclusively in the state courts located in San Francisco County, California, or the United States District Court for the Northern District of California. Each party consents to the personal jurisdiction and venue of those courts.

Before filing a claim, the claiming party must give written notice describing the dispute and requested relief. Notices to Attune must be sent to team@attunehq.com. Attune may send notice to the email address associated with the Sorted Customer's account. The parties will try in good faith to resolve the dispute for 30 days after receipt of notice.

This informal process does not prevent either party from seeking temporary or injunctive relief needed to prevent immediate harm.

Changes to these terms

We may update these Terms as Sorted changes. We will post revised Terms here, update their effective date, and provide additional notice when required by law. Continued use after an update takes effect means you accept the revised Terms.

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