Welcome to Blonde Waterfall, a software platform operated by Blonde Waterfall LLC ("Company," "Blonde Waterfall," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Blonde Waterfall web application, related websites, APIs, and services (collectively, the "Service"). By creating an account, entering payment information, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms include and incorporate our [Privacy Policy] and any affiliate or program terms referenced below. If there is a conflict between these Terms and a separately signed agreement between you and Blonde Waterfall, the signed agreement controls.

1. Eligibility and Acceptance

You confirm that you are at least 18 years old and able to enter into a binding contract. If you use the Service on behalf of a brokerage, team, business, or other entity, you represent that you are authorized to bind that entity to these Terms, and "you" refers to that entity. Your continued use of the Service after we post changes to these Terms means you accept the updated Terms.

2. Description of the Service

Blonde Waterfall is a subscription software platform that helps real estate professionals plan, generate, schedule, and publish social media marketing content. The Service includes, among other things:

• AI-assisted generation of marketing videos, captions, and content calendars from listing data, photos, and brand assets you provide;

• automated scheduling and publishing of that content to social media accounts you connect; and

• related dashboards, analytics, and account tools.

The Service is software, not a done-for-you marketing agency engagement. Except where a plan explicitly includes editor-produced custom videos, content is generated and published through automated systems based on inputs you provide and settings you choose. You are responsible for reviewing content before and after it is published.

We may add, change, suspend, or discontinue features at any time. Some features may be offered as beta, preview, or sandbox functionality and are provided without any warranty or commitment of continued availability.

3. Accounts and Registration

Account creation. You may create an account using a supported login method. You agree to provide accurate, current, and complete information and to keep it up to date.

Account security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at backend@blondewaterfall.com if you suspect unauthorized use.

Account suspension or termination. We may suspend or terminate your account, with or without notice, if you breach these Terms, if required to protect the Service or other users, or as otherwise permitted by these Terms.

4. Subscriptions, Free Trial, Billing, Credits, and Cancellation

4.1 Plans and Subscriptions

The Service is offered on recurring subscription plans (currently Starter, Growth, and Pro), billed monthly or annually. Plan features, credit allotments, and prices are described at the point of sale and may be updated from time to time. By subscribing, you authorize us and our payment processor (Stripe) to charge your payment method for the applicable fees on a recurring basis until you cancel.

4.2 Free Trial and Automatic Conversion to Paid

When you start a free trial, you select a paid plan and provide a valid payment method during onboarding. The trial is part of a paid plan, not a separate free product. Unless you cancel before the trial ends:

• the trial runs for 7 days and includes a limited number of 2 trial credits;

• your payment method will be automatically charged the selected plan's fee on Day 8, and your subscription will continue to renew automatically each billing period at the then-current price; and

• if you have connected a social account, content generated during the trial may be published to it, including your real professional accounts.

We will tell you the trial end date and the amount and timing of the first charge before the trial begins. You can cancel at any time before Day 8 to avoid being charged. Instructions for cancelling are in Section 4.6.

4.3 Auto-Renewal

Your subscription renews automatically. At the end of each billing period, we will charge your payment method for the next period at the then-current rate until you cancel. By subscribing, you acknowledge and consent to these recurring charges. We will provide any advance notice of renewal or price changes required by applicable law.

4.4 Credits

Plans include a number of content "credits" per billing period that are consumed when content is produced. Unless stated otherwise at the point of sale, unused credits roll over and do not expire while your subscription remains active. Credits have no cash value, are not currency, cannot be transferred or redeemed for cash, and are non-refundable except where required by law. Trial credits do not count against your first paid billing period's allotment.

4.5 Price Changes

We may change subscription prices. For existing subscribers, price changes take effect at the start of the next billing period after we provide notice as required by applicable law. If you do not agree to a price change, you may cancel before it takes effect.

4.6 Cancellation

You may cancel your subscription at any time through your account settings or your Stripe billing portal. Upon cancellation:

• content production and automated publishing stop promptly;

• your subscription remains active, and your billing clock runs, through the end of the current paid billing period (we do not provide prorated refunds for partial periods unless required by law);

• existing credits are preserved and paused rather than forfeited, subject to the data-retention period below; and

• if you do not resubscribe, account data may be deleted after the retention period described in Section 13.

4.7 Refunds and Billing Disputes

Except as expressly stated in these Terms or required by applicable law, all fees are non-refundable and all sales are final. Billing disputes must be raised within 30 days of the charge by contacting backend@blondewaterfall.com.

5. AI-Generated Content

You understand and agree that:

• Content is generated by automated and AI systems based on inputs you provide and settings you select, and may also draw on publicly available listing data.

• AI output is not guaranteed to be accurate, error-free, unique, or fit for any particular purpose. Generated videos, captions, and imagery may contain inaccuracies, artifacts, or content that does not reflect the actual property or your intent. You are solely responsible for reviewing and approving content, and for the consequences of publishing it.

• AI-generated content may not be eligible for copyright protection, and similar or identical content may be generated for other users. We make no representation that AI output is original or protectable.

• We may use third-party AI providers to generate content, and your inputs may be processed by those providers subject to their terms and our [Privacy Policy].

6. Connected Social Accounts and Automated Publishing

Connecting a social account is optional. You can use the Service to generate, preview, and download content without connecting any social media account. If you choose to connect an account (for example, Instagram, Facebook, TikTok, or YouTube), you authorize Blonde Waterfall to access that account and to create, schedule, and publish content on your behalf, including automatically and without per-post approval where you have enabled that behavior. This authorization applies during any free trial and continues until you disconnect the account or revoke access.

Platform terms. Your connected accounts remain governed by the terms and policies of each social platform. You are responsible for complying with those terms, and you acknowledge that platforms may suspend, restrict, or remove your account or content for reasons outside our control. We are not responsible for any action taken by a social platform.

You remain the publisher. All content published to your accounts is published as you and on your behalf. You are the responsible party for that content, including its accuracy and its compliance with all applicable laws and platform rules (see Section 8).

Revocation. You may disconnect a social account or revoke our access at any time through your account settings or the platform itself. Revoking access may stop scheduled content from publishing.

7. Your Content, Listing Data, and Licenses

7.1 Your Content

"Your Content" means the property photos, videos, listing information, branding materials, logos, headshots, text, and other materials you upload, provide, or connect to the Service. As between you and us, you (or your licensors) retain ownership of Your Content.

7.2 Your Warranties and Indemnity

You represent and warrant that you either own Your Content or have secured all rights, permissions, and clearances necessary to provide it to us and to authorize the uses described in these Terms, including the right to create derivative works. You agree to defend, indemnify, and hold harmless Blonde Waterfall and its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from Your Content or from a breach of this Section.

7.3 License to Us

You grant Blonde Waterfall a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, adapt, and incorporate Your Content into the videos, calendars, and other deliverables we generate for you and to publish those deliverables to your connected accounts. This license exists to operate the Service for you and ends when you delete the relevant content or close your account, except to the extent content has already been published, is retained for legal or backup purposes, or is incorporated into anonymized or aggregated data as described in Section 13.

7.4 Ownership of Produced Content

DECISION POINT (see chat). The old terms reverted copyright in produced work to Blonde Waterfall once a listing went off-market. That conflicts with the new product promise that the content is the agent's to keep. The recommended position is below. Choose A or confirm.

Option A (recommended): Subject to your payment of applicable fees and your compliance with these Terms, you own (or receive a perpetual, worldwide, royalty-free license to use) the videos and content produced for you through the Service ("Produced Work"), including after a listing goes off-market. Blonde Waterfall retains all rights in the Service itself, including its software, templates, models, and underlying technology, and may use anonymized or aggregated data and outputs to operate and improve the Service.

Option B (legacy reversion — not recommended): Rights in Produced Work revert to Blonde Waterfall once a listing is no longer active, with a continuing license to the user.

8. Content Responsibility and Advertising Compliance

You have sole and final discretion over, and sole responsibility for, all content generated, approved, scheduled, and published through the Service. The Service is a tool that produces drafts and automation based on your inputs and settings. It does not exercise editorial or legal judgment, does not provide legal advice, and does not ensure that any content complies with applicable law. Blonde Waterfall is not responsible for the content you choose to publish.

You are responsible for reviewing content before and after it is published and for ensuring it complies with all laws and rules that apply to your advertising, including real estate advertising and fair housing requirements and any license-disclosure or MLS obligations that apply to you. You will not publish content that is discriminatory, misleading, false, or otherwise unlawful. You remain responsible for this even where content is generated or published automatically, and you are able to review, edit, pause, or disconnect at any time.

You agree to defend, indemnify, and hold harmless Blonde Waterfall from any claims, penalties, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from content you publish or from your violation of any law or rule described in this Section.

9. Acceptable Use

When using the Service, you agree not to:

• upload or generate content you do not have the rights to use;

• generate or publish content that is unlawful, discriminatory, deceptive, defamatory, harassing, or that misrepresents a property or its terms;

• interfere with or disrupt the Service or the networks or systems connected to it, or attempt to gain unauthorized access;

• reverse engineer, scrape, resell, or build a competing product from the Service except as permitted by law;

• abuse the affiliate or referral program, including through self-referrals; or

• use the Service for any unlawful, harmful, or fraudulent purpose.

Misuse of the Service may result in immediate suspension or termination without notice.

10. Affiliate and Referral Program

We may offer an affiliate or referral program that pays commissions for qualifying referrals. Participation is subject to additional program terms made available when you enroll. Self-referrals, fraudulent referrals, and other abuse of the program are prohibited and may result in forfeiture of commissions and termination of participation.

11. Intellectual Property in the Service

The Service, including its software, design, templates, models, graphics, text, and other materials (excluding Your Content and, per Section 7.4, Produced Work), is owned by Blonde Waterfall or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms. You may not reproduce, modify, distribute, or create derivative works from the Service itself without our prior written consent.

12. Third-Party Services

The Service integrates with and links to third-party services, including social platforms, payment processors, and AI providers. We are not responsible for the availability, content, accuracy, or practices of third-party services, and your use of them is governed by their own terms and policies.

13. Privacy and Data Retention

Our collection and use of personal information is described in our [Privacy Policy]. You are responsible for handling any personal information you upload in compliance with applicable privacy laws. Following cancellation or account closure, we may retain your data for a limited period (currently approximately 30 days) to allow reactivation, after which account data may be permanently deleted, except for content already published, data we must retain for legal or backup purposes, and anonymized or aggregated data used to operate and improve the Service.

14. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice with the information required by the DMCA to our designated agent at backend@blondewaterfall.com [or designated DMCA agent address]. We may remove allegedly infringing content and terminate repeat infringers.

15. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM AI-GENERATED OUTPUT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

No guarantee of results. We do not guarantee any specific outcome from your use of the Service, including any number or quality of leads, views, engagement, listings, sales, or revenue. Marketing results depend on many factors outside our control.

16. Limitation of Liability

To the maximum extent permitted by law, Blonde Waterfall and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising from or relating to your use of or inability to use the Service, any content (including AI-generated or published content), any unauthorized access to your data, or any third-party service.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Blonde Waterfall and its officers, directors, employees, agents, licensors, and suppliers from any claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) arising from or relating to Your Content, your published content, your use of the Service, or your violation of these Terms or applicable law.

18. Modifications to These Terms

We may modify these Terms from time to time. Material changes will be effective upon posting (or on a later stated effective date), and we will take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance.

19. Termination

You may stop using the Service and cancel at any time as described in Section 4.6. We may suspend or terminate your access at any time for breach of these Terms or as otherwise permitted here. Upon termination, your right to use the Service ceases, and Sections that by their nature should survive (including Sections 7, 8, 15, 16, 17, and 20) will survive.

20. Governing Law and Dispute Resolution

DECISION POINT (see chat): confirm the governing-law state and venue for Blonde Waterfall LLC. The old terms named Oklahoma County, OK.

Governing law. These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles.

Informal resolution first. Before filing any claim, you agree to contact us at backend@blondewaterfall.com and allow 30 days to resolve the dispute informally.

Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court. The arbitration will take place in [COUNTY, STATE] or by videoconference or telephone, and judgment on the award may be entered in any court with jurisdiction.

Class action waiver. You and Blonde Waterfall agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or prevent unauthorized access to the Service.

Opt-out. You may opt out of this arbitration agreement and class action waiver by sending written notice to backend@blondewaterfall.com within 30 days of first accepting these Terms. If you opt out, or for any dispute not subject to arbitration, the state and federal courts located in [COUNTY, STATE] will have exclusive jurisdiction, and you consent to that jurisdiction and venue.

21. General

Entire agreement. These Terms, together with any documents they incorporate, are the entire agreement between you and Blonde Waterfall regarding the Service and supersede prior agreements on that subject.

Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

Waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

22. Contact

Questions about these Terms: backend@blondewaterfall.com