Terms of Service

Last updated: July 1, 2026

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ActuallyCare Inc. ("ActuallyCare," "we," "us," or "our") governing your access to and use of the ActuallyCare platform, website, and related services (collectively, the "Services").

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 the Services.

Eligibility

To use our Services, you must:

  • Be at least 18 years old
  • Be a licensed real estate professional or work for a licensed real estate brokerage (for CareAgent and CareBroker accounts)
  • Have the authority to bind yourself or your organization to these Terms
  • Not be prohibited from using the Services under applicable law

Account Registration

To access certain features of our Services, you must create an account. When you register:

  • You agree to provide accurate, current, and complete information
  • You are responsible for maintaining the confidentiality of your login credentials
  • You are responsible for all activities that occur under your account
  • You agree to notify us immediately of any unauthorized use of your account

Subscription and Billing

Subscription Plans

ActuallyCare offers subscription plans including ActuallyCare+ for individual agents, teams, and brokerages. Plan details, features, and pricing are available on our pricing page.

Payment Terms

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as expressly stated in these Terms
  • We may change subscription fees upon 30 days' notice
  • Failed payments may result in suspension of your account

Billing at Signup; Trials

Paid plans are billed immediately at checkout. If we offer a free trial in the future, the trial terms will be stated at signup, and your account will automatically convert to a paid subscription unless you cancel before the trial ends.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial billing periods.

Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws
  • Violate fair housing laws, anti-discrimination laws, or real estate regulations
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use automated scripts to collect information or interact with the Services
  • Interfere with or disrupt the integrity or performance of the Services
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the Services to send spam or unsolicited communications
  • Reverse engineer, decompile, or disassemble any aspect of the Services

Your Data

Ownership

You retain all rights to the data you upload to the Services ("Your Data"). This includes client information, transaction records, and other content you create or import.

License to ActuallyCare

You grant us a limited license to use Your Data solely to provide the Services to you, including:

  • Storing and processing Your Data on our servers
  • Displaying Your Data within the platform interface
  • Using Your Data to power AI features you enable (such as CareStatus insights)
  • Creating anonymized, aggregated analytics (which cannot identify you or your clients)

Data Export

You may export Your Data at any time through the platform's export features. Upon account termination, you will have 30 days to export Your Data before it is deleted.

AI Features and Third-Party Services

Our Services include AI-powered features using Claude AI by Anthropic and other third-party integrations. By using these features:

  • You acknowledge that AI outputs are generated algorithmically and may not always be accurate
  • You are responsible for reviewing and verifying AI-generated content before use
  • Third-party services are subject to their own terms and privacy policies
  • We are not responsible for the actions or omissions of third-party service providers

CareNetwork Vendor Program

Our CareNetwork connects agents with vetted service providers. Participation in CareNetwork is subject to:

  • Separate vendor application and approval process
  • Compliance with CareNetwork vendor standards and guidelines
  • ActuallyCare does not guarantee vendor performance or quality
  • Disputes between users and vendors should be resolved directly between the parties

Consent to Electronic Communications & Monitoring

You consent to receive communications from us electronically, and you agree that ActuallyCare and the service providers acting on our behalf may record, monitor, and process your communications with us and your interactions with our website and Services in order to operate, secure, support, and improve them, as further described in our Privacy Policy. These service providers act solely as our agents and are contractually restricted from using your information for their own purposes.

Intellectual Property

The Services, including all content, features, and functionality, are owned by ActuallyCare and protected by copyright, trademark, and other intellectual property laws. "ActuallyCare," "CareStatus," "CareNetwork," and related marks are trademarks of ActuallyCare Inc.

You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTUALLYCARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Services
  • Any unauthorized access to or use of our servers or your data
  • Any interruption or cessation of transmission to or from the Services
  • Any bugs, viruses, or other harmful code transmitted through the Services
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless ActuallyCare and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights, including your clients' privacy rights
  • Your real estate activities conducted using the Services

Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination:

  • Your right to use the Services will immediately cease
  • You will have 30 days to export Your Data
  • Provisions that by their nature should survive termination will survive

Dispute Resolution; Binding Arbitration & Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have disputes decided by a judge or jury.

Informal resolution first

Before starting an arbitration, you agree to first try to resolve the dispute informally by sending a written notice describing it to [email protected]. You and ActuallyCare will attempt in good faith to resolve the dispute for at least 60 days before either party may commence arbitration.

Agreement to arbitrate

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, our website, or your relationship with ActuallyCare — including statutory and privacy claims such as those under the California Invasion of Privacy Act (CIPA) and the California Consumer Privacy Act, and any claims relating to cookies, pixels, or online tracking — will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Los Angeles, California, or, at your election, by telephone, by videoconference, or based only on written submissions. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether any claim is subject to arbitration (the “delegation” provision). This arbitration agreement is governed by the Federal Arbitration Act.

Class action & jury trial waiver

You and ActuallyCare agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. You and ActuallyCare waive any right to a jury trial and to participate in a class action.

Coordinated or mass filings

If 25 or more similar arbitration demands are asserted against ActuallyCare by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches to promote efficient and fair resolution, and any applicable limitations periods will be tolled for the demands held in later batches.

Your right to opt out

You may opt out of this arbitration agreement (including the class action waiver) within 30 days of first accepting these Terms by emailing [email protected] with your name and a statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

Exceptions

Nothing in this section prevents either party from bringing an individual claim in small claims court, or from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Us

If you have questions about these Terms, please contact us:

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