1. Description of Service

PropX provides a cloud-based Software-as-a-Service (SaaS) platform offering real estate lead management, inventory mapping, channel partner portals, buyer communication workflows, sales automation, and AI-driven predictive insights.

2. Account Registration & Security

Eligibility: You must be at least 18 years of age and operating as a legitimate business entity or licensed real estate professional to register and use the Service.

Account Credentials: You are responsible for maintaining the confidentiality of your login credentials, API keys, and administrative workspace access. You assume full legal responsibility for all activities occurring under your account.

Notification: You agree to notify PropX immediately upon becoming aware of any unauthorized account access or potential security breach.

3. Customer Data & Intellectual Property

Customer Data Ownership: You retain full, exclusive ownership of all proprietary data, lead details, buyer records, inventory information, site visit logs, and communication records uploaded or processed through your PropX workspace ("Customer Data").

PropX Intellectual Property: PropX and its licensors retain all right, title, and interest (including all patents, copyrights, trade secrets, trademarks, and source code) in and to the Platform, underlying architecture, algorithms, UI design, custom modules, and software integrations.

License to Process Data: You grant PropX a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, and transmit Customer Data strictly as required to provide, maintain, support, and secure the Platform.

4. Artificial Intelligence & Predictive Features

AI Functionality: PropX incorporates artificial intelligence and machine learning models to generate lead scoring, automated response suggestions, predictive sales analytics, and workflow recommendations.

Accuracy & Oversight: AI outputs are provided on an "as-is" basis to assist human decision-making. You acknowledge and agree that your staff remains fully responsible for reviewing and verifying AI-generated recommendations before taking business actions or communicating with prospective homebuyers and investors.

5. Acceptable Use Policy

You agree NOT to:

• Reverse engineer, decompile, decipher, or attempt to extract source code from the Platform or any underlying component.
• Use PropX to transmit unsolicited commercial SMS/WhatsApp broadcasts, spam, or illegal communications in violation of applicable telecommunications laws (including TRAI / DND guidelines).
• Upload data containing malware, viruses, spyware, or malicious scripts.
• Attempt to bypass or probe tenant workspace isolation, security controls, or system rate limits.
• Resell, sublicense, or rent access to PropX to unauthorized third parties without prior express written consent.

6. Custom Development & Professional Services

Statements of Work (SOW): Any custom-built features, bespoke workflows, tailored property portals, custom CRM modules, or third-party software integrations ("Professional Services") shall be governed by a mutually executed Statement of Work (SOW) or Order Form detailing technical scope, fees, delivery milestones, and acceptance criteria.

Ownership of Custom IP: Unless explicitly agreed otherwise in a signed SOW, all source code, software architecture, framework improvements, workflows, database schemas, and API connectors developed by PropX while delivering Professional Services remain the sole and exclusive Intellectual Property of PropX. Customer receives a non-exclusive, non-transferable license to access and use such custom features solely within their active PropX subscription.

User Acceptance Testing (UAT): Upon delivery of any custom-built feature or module, Customer shall have ten (10) business days ("UAT Period") to test and verify functionality against agreed SOW specifications. In the absence of written notice detailing material non-conformities within the UAT Period, the custom deliverable shall be deemed accepted.

7. Billing, Fees & Subscriptions

Subscription Plans: Access to PropX is billed on a recurring subscription basis (monthly, quarterly, or annually) or per user license, as set forth in your Order Form or Subscription Agreement.

Payment Terms: Payment must be made on or before the due date specified in the tax invoice.

Taxes: All fees are exclusive of applicable statutory taxes (including GST), which shall be added to invoices at the prevailing legal rate.

Suspension for Non-Payment: Failure to settle invoices within 15 calendar days of the due date may result in immediate suspension of account access until all outstanding dues are paid in full.

8. Uptime & Service Availability

PropX strives to maintain a 99.5% service uptime. However, service availability may be impacted by scheduled maintenance, emergency updates, or third-party infrastructure interruptions (e.g., cloud hosting providers, WhatsApp Business API network outages). We do not guarantee uninterrupted operational availability.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• PropX shall NOT be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities arising out of or related to your use of the Service.
• In no event shall PropX's total cumulative aggregate liability exceed the total amounts actually paid by you to PropX in the three (3) months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless PropX, its corporate affiliates, officers, directors, employees, and agents against any third-party claims, demands, liabilities, damages, or costs (including reasonable legal fees) arising from: (a) Your violation of these Terms; (b) Your Customer Data violating third-party privacy rights; or (c) Misuse of communication tools (WhatsApp, SMS, Email) in violation of consumer protection or anti-spam regulations.

11. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes, claims, or legal proceedings arising out of or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai, Maharashtra.

12. Contact Information

For legal or contractual inquiries, please contact us at: info@propxsolutions.com