Terms of Service

1. Description of Service

DocJacket provides a cloud-based AI-powered software solution designed to assist transaction coordinators and real estate professionals in managing operations, document processing, deadline tracking, compliance management, and related tasks.

AI Usage Notice: Our Service uses artificial intelligence and large language models to process documents and provide recommendations. AI-generated content may contain errors or inaccuracies. You are solely responsible for reviewing and verifying all AI outputs before use in real estate transactions.

2. User Accounts

You must create an account to use our Service. You agree to:

• Provide accurate, current, and complete information
• Update your information to keep it accurate
• Safeguard your account credentials
• Accept sole responsibility for all activity under your account
• Notify us immediately of any unauthorized access

3. Acceptable Use

You agree NOT to:

• Use the Service for unlawful or unauthorized purposes
• Modify, adapt, translate, or reverse engineer the Service
• Attempt unauthorized access to the Service or related systems
• Upload malicious code or content
• Violate any applicable real estate regulations or Fair Housing Act
• Use the Service to provide legal, financial, or professional advice
• Share your account credentials with others

4. Billing & Payments

Payment Processor

All payments are processed securely through our PCI DSS Level 1-certified payment processing provider. DocJacket never stores full credit-card or bank-account numbers. All payment data is handled exclusively by our payment processor under strict security and compliance standards.

Subscriptions

DocJacket offers monthly and yearly subscription plans. By subscribing, you authorize DocJacket to automatically charge your designated payment method at the beginning of each billing period until you cancel.

Automatic Renewal: Plans renew automatically unless canceled before the next renewal date.

Cancellations: You may cancel anytime from your account → Billing → Manage Plan or by emailing billing@docjacket.com. Cancellation stops future charges but does not generate refunds for the current billing period. Access remains active until the end of the paid term.

Upgrades / Downgrades: When you change plans, our payment processor automatically prorates the charge for the unused portion of your prior plan and credits or debits the difference.

Yearly Plans: Annual subscriptions are billed once per year in advance and are non-refundable except for billing errors or service issues verified by our support team.

SMS Credits (one-off purchases)

DocJacket provides optional SMS credit packages that let you send additional text messages through our integrated messaging infrastructure. All messages are transmitted using DocJacket's messaging service under our own carrier agreements.

Usage Billing: Credits are purchased as one-time transactions and applied immediately to your account balance.

Expiration: Credits never expire while your account remains active. If your subscription is canceled, unused credits remain accessible for 30 days before permanent deletion.

Rates: SMS rates may vary by destination country or carrier. DocJacket passes through carrier fees plus a small service margin to maintain infrastructure and compliance costs. Current pricing is displayed in-app before checkout.

Compliance: All messages must comply with carrier and regulatory requirements, including 10DLC and TCPA. DocJacket reserves the right to block non-compliant traffic or suspend SMS access for violations.

Refunds & Disputes

Refunds are handled on a case-by-case basis for duplicate charges, billing errors, or verified service outages. To request a refund, contact billing@docjacket.com within 14 days of the transaction.

Filing a chargeback without first contacting us may result in immediate account suspension while the dispute is investigated.

Refunds for SMS credits are not available once credits have been used to send messages.

Taxes

All fees are exclusive of applicable taxes. Sales, use, or value-added taxes will be calculated and collected by our payment processor based on your billing address and local tax law.

Failed Payments

If a payment fails, our payment processor will automatically retry the charge. If retries continue to fail, DocJacket may suspend or downgrade your account until payment is completed. You remain responsible for any unpaid amounts.

Fair Use & Abuse

Our free and trial tiers are intended for evaluation only. Excessive automated activity, resale of SMS credits, or attempts to circumvent usage limits may result in immediate account termination.

Contact

For any billing-related questions or refund requests, email billing@docjacket.com or call (407) 201-9147.

5. Service Level Agreement

Uptime: We target 99.9% uptime, excluding scheduled maintenance.

Maintenance: Scheduled maintenance will be announced 48 hours in advance when possible.

Outages: Service credits may be issued for outages exceeding 4 hours per month (contact support for claims).

Support: Support requests receive responses within 24-48 business hours.

6. Data and Privacy

Data Collection: We collect and process information about you and your Service usage. Review our Privacy Policy at /privacy for details.

Email Data: Emails sent to your DocJacket inbox are processed and stored on enterprise cloud infrastructure. Email content may be analyzed by AI systems for categorization and automation purposes. See our Privacy Policy for details on email data handling.

Data Security: We implement industry-standard security measures, but cannot guarantee absolute security.

Data Retention: Active account data is retained indefinitely. Deleted account data is purged within 90 days.

Breach Notification: We will notify you of data breaches affecting your account within 72 hours of discovery.

GDPR Compliance: For EU users, you have rights to access, correct, delete, and export your data.

6A. GLBA Service Provider Safeguards

To the extent Customer processes Nonpublic Personal Information (NPI) using the Services, DocJacket acts as Customer's service provider under the Gramm-Leach-Bliley Act (GLBA). DocJacket will:

• Implement and maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of NPI as required by the GLBA Safeguards Rule (16 C.F.R. Part 314)
• Use NPI solely to provide the Services and not disclose it to third parties except as permitted by this Agreement or required by law
• Require subcontractors with access to NPI to implement materially equivalent safeguards and confidentiality obligations
• Notify Customer without undue delay upon confirmation of unauthorized access to NPI and cooperate in remediation consistent with DocJacket's incident response plan

Customer Responsibilities: Customers that qualify as financial institutions under GLBA remain responsible for providing consumer privacy notices, obtaining necessary consents, and ensuring their own GLBA compliance when using the Services. See our Privacy Policy → GLBA Disclosure for additional details.

7. Document Handling and Confidentiality

Your Documents: You retain ownership of all documents and data uploaded to the Service.

Confidentiality: We treat your real estate transaction documents as confidential and do not share them with third parties except as necessary to provide the Service or as required by law.

Backups: We perform regular automated backups but recommend maintaining your own copies of critical documents.

AI Training: Your documents are NOT used to train our AI models or shared with third parties for AI training purposes.

Export Rights: You may export your data at any time through the Service interface.

8. Content License

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, store, and process your content solely to provide and improve the Service. This license includes emails, attachments, and metadata processed through our email system, used solely to provide email management, AI analysis, and automation features.

9. Intellectual Property

The Service and its original content, features, and functionality are the exclusive property of DocJacket and are protected by copyright, trademark, and other intellectual property laws.

10. Email Processing and Communication

Email Integration: DocJacket provides email management features through third-party email service providers. By using these features, you agree to:

Inbound Email Processing:

• Emails sent to your DocJacket inbox address (e.g., yourname@inbox.docjacket.com) will be processed, stored, and analyzed by our Service
• Email content, attachments, and metadata may be processed using AI and machine learning for categorization, entity extraction, and automation
• We cannot guarantee delivery of all inbound emails due to spam filtering, server issues, or third-party service disruptions

Email Storage and Retention:

• Incoming emails are stored on our enterprise cloud infrastructure
• Emails are retained while your account is active and for 90 days after account deletion
• You are responsible for maintaining backups of critical email communications outside of DocJacket

AI Email Analysis:

• Our Service uses AI to analyze email content for transaction-related information, sentiment, urgency, and categorization
• AI-generated email summaries, classifications, and recommendations may contain errors
• You must review all AI analysis before taking action on transaction-critical emails

Email Security:

• Emails transmitted through our system use industry-standard encryption (TLS)
• We cannot guarantee the security of emails sent by third parties to your DocJacket inbox
• Sensitive information (SSNs, bank account numbers, passwords) should be sent through secure document portals, not email

Prohibited Email Content:

• You may not use DocJacket email features to send spam, phishing, or malicious content
• Marketing emails must comply with CAN-SPAM Act requirements
• Fair Housing violations in email communications will result in immediate account termination

Email Forwarding and Automation:

• Automated email actions (forwarding, archiving, categorization) are based on AI analysis and may contain errors
• You are responsible for monitoring automated actions and correcting mistakes
• We are not liable for missed deadlines, lost opportunities, or transaction failures resulting from email automation errors

Third-Party Email Services:

• Our email features depend on SendGrid and other third-party providers
• We are not responsible for service disruptions, delivery failures, or changes to third-party email services
• Your use of email features is also subject to SendGrid's Terms of Service and Acceptable Use Policy

Email Deliverability:

• We make reasonable efforts to ensure email delivery but cannot guarantee all emails will reach recipients
• Factors affecting deliverability include recipient spam filters, blacklists, sender reputation, and recipient server policies
• You should use alternative communication methods for time-sensitive transaction communications

Data Processing Consent:

• By using our email features, you consent to the processing of email content, including sender/recipient information, email body and attachments, and metadata (timestamps, IP addresses, email headers)
• This processing is necessary to provide email management and AI analysis features

Your Responsibilities:

• Ensure compliance with CAN-SPAM Act, TCPA, and real estate communication regulations
• Obtain necessary consent from clients before adding them to email automation workflows
• Monitor your DocJacket inbox regularly for transaction-critical communications
• Maintain appropriate professional communication standards in all emails

Indemnification: You agree to indemnify DocJacket for any claims arising from your email communications sent through the Service, CAN-SPAM Act or anti-spam violations, breach of client confidentiality through email, Fair Housing violations in email content, or unauthorized use of client email addresses.

11. SMS Messaging Terms

By using DocJacket's SMS features, you agree to:

• Obtain explicit written consent from all recipients before sending SMS messages
• Comply with the Telephone Consumer Protection Act (TCPA) and all applicable regulations
• Honor all opt-out requests immediately
• Maintain records of consent for all SMS recipients for at least 4 years
• Send only transaction-related messages, not marketing or promotional content

Your Responsibility: DocJacket provides tools to manage consent, but YOU are solely responsible for obtaining proper consent and complying with all regulations.

Penalties: Failure to obtain consent may result in fines up to $1,500 per message under TCPA.

Indemnification: You agree to indemnify DocJacket for any claims, fines, or penalties resulting from your SMS usage or TCPA violations.

12. Compliance and Disclaimers

Not Professional Advice: The Service does not provide legal, financial, tax, or professional real estate advice. Consult qualified professionals for such guidance.

Regulatory Compliance: You are responsible for complying with all applicable laws including Fair Housing Act, state real estate regulations, and local ordinances.

E-Signature Compliance: Electronic signatures facilitated through the Service comply with the ESIGN Act and UETA. You are responsible for ensuring signer identity and consent.

Third-Party Integrations: We are not responsible for failures or changes to third-party services (MLS systems, DocuSign, etc.).

• Are provided "as is" without warranties
• May be modified or discontinued without notice
• Should not be relied upon for critical transactions

14. Termination

By You: You may cancel your subscription at any time through account settings. Access continues until the end of your billing period.

By Us: We may suspend or terminate your account immediately for:

• Breach of these Terms
• Non-payment
• Illegal activity
• Excessive resource usage
• Violation of real estate regulations

Warning Process: For non-critical violations, we will provide 7 days notice and opportunity to cure before termination.

Post-Termination: After termination, you have 30 days to export your data. After 30 days, your data will be permanently deleted.

15. Disclaimers

THE SERVICE IS 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
• Non-infringement
• Accuracy or reliability of AI-generated content
• Uninterrupted or error-free operation
• Data security or prevention of unauthorized access
• Email delivery, processing, or automation accuracy
• Third-party email service (SendGrid) availability or performance

16. Limitation of Liability

Maximum Liability: Our total liability to you for all claims shall not exceed the amount you paid us in the 12 months preceding the claim.

Excluded Damages: We are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Real estate transaction losses
• Damages from AI errors or inaccuracies
• Third-party service failures
• Unauthorized account access
• Data breaches despite reasonable security measures

State Variations: Some states do not allow limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you.

17. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• TCPA or SMS compliance violations
• Email-related claims or CAN-SPAM Act violations
• Real estate transaction disputes
• Content you upload to the Service
• Your clients' claims related to your use of the Service

18. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

• Azure or cloud infrastructure outages
• Third-party API failures
• Internet service disruptions
• Natural disasters, war, terrorism
• Government actions or regulatory changes

19. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or Service notification 30 days before they take effect. Your continued use after changes take effect constitutes acceptance. If you disagree, cancel your account before the effective date.

20. Changes to Service

We reserve the right to:

• Modify or discontinue features with 30 days notice
• Update pricing with 30 days notice
• Change third-party integrations
• Implement new features or requirements

21. Governing Law and Disputes

Jurisdiction: These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law provisions.

Dispute Resolution: Any disputes shall be resolved in the state or federal courts located in Florida. You consent to the exclusive jurisdiction of these courts.

Arbitration: For claims under $10,000, either party may elect binding arbitration under AAA rules.

22. Severability

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

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DocJacket regarding the Service.

24. Contact Information

For questions about these Terms:

• Email: hello@docjacket.com
• Website: docjacket.com

25. Acknowledgment

By creating an account and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Effective Date: January 11, 2025