iList Platform Terms of Service

Effective Date: January 1, 2026

These Terms of Service (“Terms”) govern access to and use of the iList platform, services, websites, APIs, software, data products, white-label services, communication tools, integrations, and related services (collectively, the “Services”) provided by iList Technologies, LLC (“iList,” “Company,” “we,” “our,” or “us”).

By accessing or using the Services, Customer agrees to be bound by these Terms.

1. Definitions

“Customer” means the subscribing individual, brokerage, lender, enterprise client, team, organization, or entity using the Services.

“End Users” means Customer’s employees, agents, contractors, affiliates, or authorized users.

“Consumer Data” means any contact information, property data, public records, demographic data, behavioral data, marketing data, communication data, enrichment data, or other information accessible through the Services.

“Communications Laws” means all applicable federal, state, and local laws relating to calls, SMS, email, telemarketing, advertising, solicitation, privacy, and consumer communications.

“White-Label Services” means any Services rebranded, customized, or presented under Customer’s branding.

2. License & Permitted Use

Subject to these Terms and payment of applicable fees, iList grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for Customer’s internal business purposes.

Customer shall not:

• sublicense, resell, lease, or distribute the Services except as expressly authorized in writing;
• copy, scrape, mirror, reverse engineer, decompile, or create derivative works from the Services;
• use the Services for unlawful solicitation or prohibited outreach;
• use automated systems to extract data except through authorized APIs;
• use the Services to compete with iList;
• transfer or resell Consumer Data;
• use the Services in violation of applicable laws.

3. Customer Responsibility for Data Usage & Communications Compliance

CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ALL USE OF CONSUMER DATA, MARKETING ACTIVITIES, OUTREACH CAMPAIGNS, CALLS, SMS MESSAGES, EMAILS, VOICEMAILS, AI-GENERATED COMMUNICATIONS, AND OTHER COMMUNICATIONS INITIATED THROUGH OR USING THE SERVICES.

Customer represents and warrants that Customer:

• will comply with all applicable Communications Laws;
• has obtained all required consents and permissions;
• will honor all opt-outs and suppression requests;
• will maintain and scrub applicable Do Not Call (“DNC”) lists;
• will comply with all TCPA, CAN-SPAM, state telemarketing, and SMS marketing laws;
• will not send unlawful, deceptive, harassing, or misleading communications;
• will independently determine whether communications are legally permissible.

Customer acknowledges that:

• iList does not initiate communications on Customer’s behalf;
• iList does not provide legal advice regarding compliance obligations;
• data availability does not constitute permission to contact;
• Customer is solely responsible for determining lawful usage.

Customer assumes all risk arising from:

• contact data usage;
• outbound marketing;
• SMS campaigns;
• AI-assisted outreach;
• automated communications;
• lead generation activities;
• compliance failures.

4. Consumer Data & Data Accuracy Disclaimer

Consumer Data may originate from public records, third-party providers, MLS systems, integrations, Customer uploads, predictive systems, AI systems, or other sources.

ILIST DOES NOT WARRANT THAT CONSUMER DATA IS ACCURATE, COMPLETE, CURRENT, VERIFIED, CONTACTABLE, OR FIT FOR ANY PARTICULAR PURPOSE.

Customer acknowledges that:

• phone numbers may change;
• ownership records may be outdated;
• contact information may be inaccurate;
• demographic or predictive data may contain errors;
• AI-generated insights may be incomplete or inaccurate.

Customer is solely responsible for independently validating all data prior to use.

5. White-Label Services

For White-Label Services:

• Customer remains solely responsible for all end-user interactions;
• Customer shall maintain its own privacy policy and legal disclosures;
• Customer shall obtain all required end-user consents;
• Customer shall comply with all applicable laws;
• Customer shall clearly identify itself as the service provider to its users where legally required.

Customer acknowledges that iList acts solely as a technology infrastructure provider.

6. Privacy & Security

Customer acknowledges that iList processes data in accordance with the iList Privacy Policy.

Customer shall:

• maintain appropriate administrative, technical, and organizational safeguards;
• restrict access to authorized personnel only;
• promptly notify iList of suspected unauthorized access;
• comply with all applicable privacy and data protection laws.

Customer shall not upload:

• protected health information subject to HIPAA;
• payment card data unless expressly authorized;
• sensitive personal information prohibited by law.

7. Integrations & Third-Party Services

The Services may integrate with third-party platforms, CRMs, APIs, MLS systems, marketing providers, AI tools, communication providers, or external systems.

Customer acknowledges that:

• third-party services are outside iList’s control;
• integrations may fail, disconnect, or contain inaccuracies;
• third-party systems may change functionality without notice.

ILIST DISCLAIMS ALL LIABILITY ARISING FROM THIRD-PARTY SYSTEMS, INTEGRATIONS, DATA SYNC FAILURES, API FAILURES, OR THIRD-PARTY ACTIONS.

8. AI Features Disclaimer

Certain Services may include AI-generated content, recommendations, summaries, lead scoring, automated messaging assistance, predictive analytics, or similar features.

Customer acknowledges that AI-generated outputs:

• may contain inaccuracies;
• may produce incomplete or misleading results;
• require human review;
• should not be relied upon as legal, financial, compliance, or professional advice.

Customer remains solely responsible for reviewing and approving all AI-generated content before use.

9. Fees & Payment

Customer agrees to pay all applicable subscription fees, usage fees, onboarding fees, enterprise fees, API fees, or other charges.

All fees are non-refundable unless otherwise stated in writing.

iList may suspend Services for nonpayment.

10. Suspension & Termination

iList may suspend or terminate access immediately if:

• Customer violates these Terms;
• Customer engages in unlawful communications;
• Customer creates excessive compliance risk;
• Customer misuse threatens platform security or reputation.

iList reserves the right to investigate suspected misuse.

11. Indemnification

Customer shall defend, indemnify, and hold harmless iList and its officers, employees, affiliates, contractors, licensors, and partners from and against all claims, damages, liabilities, penalties, investigations, losses, judgments, settlements, fines, costs, and expenses arising out of or relating to:

• Customer’s use of the Services;
• Customer’s communications or marketing activities;
• alleged TCPA violations;
• alleged CAN-SPAM violations;
• DNC violations;
• privacy violations;
• unlawful solicitation;
• Customer data uploads;
• White-Label Services;
• Customer’s violation of applicable laws.

This indemnification obligation includes attorneys’ fees and regulatory defense costs.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• ILIST SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ILIST SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR REGULATORY PENALTIES;
• ILIST’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO ILIST DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ILIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

14. Compliance Cooperation

Customer agrees to reasonably cooperate with iList in responding to:

• compliance investigations;
• abuse complaints;
• consumer complaints;
• regulatory inquiries;
• carrier complaints;
• anti-spam investigations.

iList reserves the right to restrict or suspend accounts that create elevated compliance risk.

15. Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Venue shall be exclusively located in Dallas, Texas.

16. Enterprise Terms

Enterprise customers may be subject to separate Master Service Agreements (“MSAs”), Data Processing Addenda (“DPAs”), Security Addenda, API Agreements, or White-Label Agreements.

In the event of conflict, the executed enterprise agreement shall control.

17. Acceptable Use Policy

Customer shall not:

• engage in spam or unlawful solicitation;
• transmit malware or harmful code;
• abuse APIs or system resources;
• conduct unauthorized scraping;
• attempt to bypass security controls;
• use the platform for discriminatory or unlawful activities.

18. Data Export & Resale Restrictions

Customer shall not:

• resell Consumer Data;
• create competing databases;
• distribute exported data to unauthorized parties;
• use exported data after termination except as legally permitted.

19. Survival

The following provisions survive termination:

• indemnification;
• limitation of liability;
• compliance obligations;
• confidentiality obligations;
• payment obligations;
• data usage restrictions.

20. Entire Agreement

These Terms, together with any Order Forms, Enterprise Agreements, Privacy Policies, DPAs, or incorporated policies, constitute the entire agreement between the parties.