Terms of Service

Updated

These Terms of Service ("Terms") govern your access to and use of the Landian, Inc. ("Landian") platform, including its website, applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

Role of Landian

Landian, Inc. is a Delaware corporation headquartered in Wyoming. Landian is a technology platform that provides software solutions exclusively as a booking platform for the real estate industry. All Services provided by Landian are software-based, designed to facilitate scheduling, e-signature of agreements, and preparation and delivery of offer writing services, including AI-assisted offers. These Services include, but are not limited to, Tours, Offer Prep Sessions, Packages, and AI-Assisted Offers. Landian is not a real estate broker, agent, or advisor, and does not provide real estate services. Any real estate services provided through the platform are the sole responsibility of the agents and brokers, and their professional liability applies. Landian expressly disclaims any involvement in showing, selling, or providing real estate services directly.

Eligibility and Account Registration

To use the Services, you must be 18 years or older and legally eligible to enter into a binding agreement. By creating an account, you confirm that:

Use of Services

  1. License Grant: Subject to your compliance with these Terms, Landian grants you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use.
  2. Restrictions: You may not misuse the Services, including but not limited to engaging in illegal activities, infringing upon intellectual property rights, or disrupting the Services or other users' enjoyment of the Services.
  3. Software-Based Services: The Services provided by Landian are purely software-based. These include, but are not limited to, scheduling tools for Tours, platforms for electronic agreement signatures, AI-Assisted Offers software, and communication tools to facilitate real estate transactions. At no point does Landian engage in or provide any actual real estate services, such as property showings, sales, or legal advice.
  4. Geographic Scope and Currency: Landian allows for the scheduling of Services by customers and for properties located in the United States and Canada, in accordance with applicable local laws. All transactions made through the Landian platform are to be transacted in US dollars. Landian is not responsible for ensuring the legality or compliance of your use of the Services within any specific jurisdiction, and you assume all liability for your actions in using the Services in your location.

Payments and Cancellations

Payments: Payments for Services booked through the Landian platform are payments for the use of Landian's software booking platform. These payments are not for real estate services but solely for the technology platform that facilitates scheduling, e-signatures, and other software-based services. Payments are processed via a payment processor, such as Stripe. By using the Services, you agree to transact electronically in U.S. dollars and authorize Landian to charge your payment method according to the terms presented at the time of booking.

Cancellation Policy

Cancellation Scenarios:

User Content and MLS Data

You are responsible for any content you provide through the Services, including data imported from Multiple Listing Service (MLS) databases. By submitting content, you agree that such content is for your personal use only and must comply with all relevant MLS terms and applicable laws. Landian does not claim ownership of MLS data or other user-provided content but reserves the right to remove content that violates these Terms or any applicable laws.

Third-Party Services and Referrals

The Services may include access to third-party websites, resources, or services. Landian is not responsible for and does not endorse the content, products, or services offered by these third parties. If you choose to use third-party services through our platform, you do so at your own risk, and any transactions or communications between you and the third party are solely between you and the third party. Landian may receive compensation for referrals to third-party service providers.

Intellectual Property

All rights, title, and interest in and to the Services (excluding User Content) are and will remain the exclusive property of Landian, Inc. and its licensors. You may not reproduce, distribute, or create derivative works from the Services without express permission from Landian.

Disclaimers and Limitation of Liability

Disclaimers: The Services are provided "as is," without any warranty of any kind, either express or implied. Landian does not guarantee the accuracy, completeness, or timeliness of information available through the Services.

Limitation of Liability: To the fullest extent permitted by law, Landian shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your access to or use of, or inability to access or use, the Services, including but not limited to Tours, Offer Prep Sessions, Packages, or AI-Assisted Offers. Landian’s liability is limited to the maximum extent permitted by applicable law.

Indemnification

By using the Landian platform, you acknowledge and agree that Landian’s role is strictly limited to providing software tools that facilitate the scheduling of services, the signing of agreements, the preparation of offers, and the generation of purchase offers through AI-driven technology. Landian does not provide, endorse, or guarantee any real estate services or advice. Any real estate services, advice, or actions provided by a real estate agent or broker who uses the Landian platform are solely the responsibility of that agent or broker.

In the event that you enter into a buyer-broker agreement, purchase offer, or any other real estate contract facilitated through the Landian platform, including those generated by AI, you agree that such agreements are between you and the real estate professional or other parties involved in the transaction. Landian is not a party to these agreements. It is your responsibility to thoroughly review and understand the content of any documents or offers generated through the platform before signing. The agent or broker is fully responsible for fulfilling their professional obligations under such agreements, including but not limited to providing accurate advice, following legal and ethical guidelines, and acting in your best interests as required by law.

Landian’s AI-assisted offer generation tool is provided as a document preparation software tool to assist you in drafting real estate offers. However, Landian makes no representations or warranties regarding the accuracy, completeness, or suitability of these documents for your specific situation. You are solely responsible for verifying the content of any AI-assisted purchase offers or other documents before signing them, and for ensuring that they accurately reflect your intentions and comply with applicable laws. Any agreements that result from these documents are solely between you and the countersignatory, and Landian is not responsible for the terms or enforceability of those agreements.

You further agree that Landian shall not be liable for any claims, disputes, or damages that may arise from your interactions with real estate professionals, the use of AI-assisted purchase offers, or any other documents prepared through the platform. This includes, but is not limited to, the failure of an agent or broker to meet their professional obligations, errors or omissions in real estate transactions, or dissatisfaction with the outcome of a real estate purchase or sale.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Landian, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:

Export Control and Compliance

You acknowledge that the Services provided by Landian may be subject to U.S. export control laws and regulations, including the U.S. Export Administration Regulations. You agree to comply with all applicable laws and regulations in this regard and not to export, re-export, or transfer any part of the Services or related technology in violation of any applicable laws or regulations. This includes, but is not limited to, compliance with restrictions on exports to embargoed countries or individuals listed on government denial lists.

Term and Termination

Term: These Terms commence when you register as a user on the Landian website and terminate when you request the closure of your user account by contacting Landian via email. Certain provisions, such as those related to non-solicitation and the procuring cause waiver, survive termination.

Termination: Landian reserves the right to terminate your access to the Services at any time, with or without cause or notice.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA. All transactions, including those conducted in Canada, are to be transacted in US dollars and governed by Delaware law.

Changes to Terms of Use

Landian reserves the right to modify these Terms at any time. We will make reasonable efforts to notify you of any material changes, such as by posting a notice on our website. Changes will take effect immediately upon posting unless specified otherwise. Your continued use of the Services after any modification constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must discontinue using the Services.

Contact Information

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

Email: hello@landian.co

Mailing Address:
Landian, Inc.
525 Randall Ave #302
Cheyenne, WY 82001, USA