About these terms
Please read these Terms carefully. They include a binding arbitration agreement and a class action waiver in Section 23 that change how disputes are resolved. You can opt out of arbitration within thirty (30) days, as Section 23(f) explains.
Covent LLC, a Wyoming limited liability company (“Covent,” “we,” or “us”), runs two businesses, and these Terms cover both:
- Covent Homes. We buy houses directly from homeowners, and from Realtors and wholesalers who bring us a house. Sections 3 to 7 cover seller accounts, estimates and offers, Sam and our other AI assistants, our calls, texts, and emails, and what you send us.
- The Covent software. We provide software for real estate professionals (the “Service”). Sections 11 to 19 cover the Service.
Sections 1, 2, 8 to 10, and 20 to 26 apply to everyone who uses our websites (including coventhomes.com and getcovent.com), a seller account, a chat with our assistants, or the Service.
Our Privacy policy explains how we collect and use personal information and is part of these Terms.
1. Acceptance of terms
These Terms of Service (“Terms”) govern your use of our websites, seller accounts, Sam and our other AI assistants, and the Service. By visiting our websites, creating an account, sending us a house, chatting or talking with us, or using the Service, you agree to these Terms. If you do not agree, do not use them.
“You” means the person using our websites, a seller account, our assistants, or the Service, and, where you act for a business, that business. “We,” “us,” or “Covent” means Covent LLC, a Wyoming limited liability company, including when it does business as Covent Homes.
A signed purchase agreement for a house has its own terms. If it conflicts with these Terms about that house, the purchase agreement controls.
2. Who may use Covent
You must be at least 18 years old and able to form a binding contract. Our websites, seller accounts, and the Service are meant for people and businesses in the United States, about property in the United States.
If you use Covent for a business, a brokerage, a trust, an estate, or an entity that owns a house, you confirm that you have authority to bind it to these Terms.
We may decline to work with anyone, or to make an offer on any house, for any lawful reason.
3. Seller accounts
A seller account lets you send us houses, follow your estimates and offers, request visits, and talk with us about each house. Homeowners, Realtors, and wholesalers can each open one.
One person, one account. Each seller account belongs to one person. Don’t share your sign-in, and don’t sign in as anyone else. When several people at a brokerage or a company work with us, each opens their own account.
Your profile. Your name, email address, phone number, and business details belong to your account, not to any one house, and we use them for every house you send us. Keep them true, current, and complete.
Signing in. You sign in with a one-time code we send to your email, or with your Google or Apple account. You are responsible for keeping that email account, and your Google or Apple account, secure, and for everything done through your seller account. Tell us right away at sellers@coventhomes.com if you think someone else has used it.
Suspending or closing an account. We may suspend, limit, or close a seller account, or decline a house, if we believe the account holds false information, is shared, is used to send a house without authority, breaks these Terms or the law, or puts anyone at risk. You may close your account at any time by asking us at sellers@coventhomes.com. Closing an account does not cancel a signed purchase agreement, and we keep the records our Privacy policy describes.
3.1 Your role on each house
Your account is about you; your role is about each house. When you send us a house, you tell us whether you are its owner (including a co-owner, or someone with legal authority to act for the owner, such as an executor, trustee, or agent under a power of attorney), the owner’s Realtor, or a wholesaler. One account can hold different roles on different houses.
We rely on the role you give us. You confirm that it is true for that house, and:
- If you are the owner, that you own the house or have legal authority to sell it, and that you will tell us about any co-owner, lien, tenant, or other person whose agreement or signature a sale needs.
- If you are a Realtor, that you hold an active real estate license, represent the owner, and have the owner’s permission to share the house and the owner’s information with us. Any payment we make for a house you bring us goes to your brokerage, only as agreed in writing for that house and as your license law and brokerage allow.
- If you are a wholesaler, that you have the house under a written contract or have the owner’s written permission to market it, that you follow your state’s wholesaling, licensing, and disclosure laws, and that you will show us the terms of your contract with the owner when we ask.
We may ask for proof of your role, such as a deed, a listing agreement, a purchase contract, or ID, and may decline or pause a house until we have it.
3.2 Information you send us about a house and its owner
When you send us a house, you confirm that you are allowed to share it and everything you include about it, its occupants, and its owner, such as names, phone numbers, email addresses, photos, and documents, and that you got that information lawfully. Don’t send us information about a person or a house you have no connection to.
If you give us someone else’s phone number or email address, you confirm that they agreed to hear from us about that house, or that you represent them and may share it.
4. Estimates, offers, and buying houses
Estimates are not offers. An estimate, a price range, “what we’d pay,” or any other number shown on our websites or given by Sam, our team, or a message is an estimate based on what we know at the time. It is not an offer, an appraisal, or a promise to buy, and it can change after we learn more about the house, see it, or inspect it.
Offers. An offer is one we send you in writing and call an offer. It is subject to the conditions it states, such as an inspection or a title review.
Nothing binds until both sides sign. Neither you nor Covent is bound to buy or sell a house until a written purchase agreement is signed by both the seller and Covent (or its assignee). No estimate, offer, text, email, call, chat, or other message, including one written by an AI assistant, creates a binding agreement to buy or sell a house by itself.
No obligation. You never have to accept an estimate or an offer, and asking for one does not commit you to anything. We are not obligated to make an offer on, or buy, any house.
We are the buyer, not your agent. Covent buys residential property directly from owners. Covent is not a real estate broker and does not represent buyers or sellers. Covent may close a purchase itself, or assign its contract or resell to another buyer; the purchase agreement says which terms apply. We act in our own interest as a buyer, so judge any offer independently, and talk with a Realtor, attorney, or tax advisor of your choosing if you want advice.
The purchase agreement controls. Once signed, the purchase agreement and its addenda govern the sale, including the price, the closing date, any fees, inspections, and how disputes about the sale are resolved.
Photos on our websites. Some photos on our websites are illustrations. Photos of people in everyday or Realtor scenes on our Covent Homes pages are illustrations, not Covent customers or clients, and some house photos under “Houses we’ve closed” are illustrations made from the real house we bought.
Visits and inspections. If you let us, an inspector, or a photographer into a house, you confirm that you may give that access. Secure valuables, pets, and hazards, and tell us about anything unsafe before a visit.
5. Sam and our AI assistants
Sam and our other assistants, such as Nora and Alex, are AI assistants, not people. They answer questions, collect details about a house, schedule visits, and pass conversations to our team. If you ask whether you are talking to an AI, the assistant will tell you that it is.
Not advice. What an assistant says is general information. It is not legal, tax, financial, or real estate advice, and it can be wrong or out of date. Check anything important with our team or your own advisor before you rely on it.
Assistants can’t bind us. Only a written purchase agreement signed by both sides binds us (Section 4). An assistant cannot agree to a contract for us, change a signed agreement, or waive any of our rights, even if it says it can. Any number an assistant gives is an estimate under Section 4.
Chats and calls are kept and reviewed. We keep what you send in chats, texts, and emails, and we transcribe calls and record some of them. Our team may read and listen to them, and AI and other service providers process them, as our Privacy policy describes. Don’t share passwords, bank account numbers, or Social Security numbers in a chat.
We may change, limit, or turn off an assistant at any time.
6. Calls, texts, and email from Covent Homes
When you give us your phone number or email address, for example in our offer form, a seller account, or a chat, you agree that Covent Homes may call, text (including SMS, MMS, and iMessage), and email you about the house you asked about, your account, and offers, visits, contracts, and closings. Calls and texts may use automated technology. We place AI-voice calls only to people who have asked us to call them.
You confirm that the phone number is yours or that you may use it. Agreeing to calls and texts is not a condition of selling us a house; tell us you prefer email and we will use email.
How to stop. Reply STOP to any text. You can also tell us to stop in your own words, by text, email, or on a call, or use the “Stop contacting me” request on our privacy choices page. We act on a stop request promptly, and no later than ten (10) business days after we receive it. Reply HELP for help.
Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Sections 5.1 to 5.3 of our Privacy policy say more about our calls, texts, and recordings.
7. Photos, documents, and other content you send
You keep ownership of the photos, videos, documents, and messages you send us (“Your Content”). You give Covent a non-exclusive, royalty-free, worldwide license to use, copy, store, and share Your Content to evaluate a house, make and negotiate offers, close, and assign or resell a house we buy, including sharing it with the closing parties, inspectors, buyers, assignees, and partners our Privacy policy describes, and to keep records. This license lasts as long as we need Your Content for those purposes and for the records we must keep.
You confirm that you have the right to send Your Content and to grant this license, and that it does not break anyone’s rights or show anyone who did not agree to be shown. Don’t send content that is false, unlawful, or unrelated to the house.
Photos and descriptions you send help us estimate a price. If they turn out to be inaccurate, our estimate or offer may change.
8. Acceptable use
Whether you use our websites, a seller account, a chat, or the Service, you agree not to:
- give false information, pretend to be someone else, or claim a role or authority you don’t have;
- send us a house, a person’s details, or content you have no right to share;
- harass, threaten, or deceive our team, our AI assistants, or anyone you reach through Covent;
- try to make an assistant reveal its instructions or other people’s information, or say or do something it isn’t meant to;
- scrape, crawl, or copy content or data from our websites by automated means, except as Section 15.1 allows for the Service;
- use bots, scripts, or several accounts to submit offer requests, chats, or sign-ins;
- interfere with, overload, probe, or get around the security of our websites or systems, or upload malicious code;
- copy, reverse engineer, or build a competing product from our websites, our estimates, or the Service; or
- use Covent for anything unlawful, including fraud, unlawful discrimination, or violating anyone’s privacy.
We may investigate misuse, block access, and report it to law enforcement where appropriate. Section 15 has further rules for the Service.
9. Intellectual property
Our websites, seller accounts, AI assistants, and the Service, including their software, applications, design, user interface, text, graphics, logos, trademarks, documentation, and all related intellectual property rights, are owned by Covent or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. Platform Data is additionally protected as a proprietary compilation and database, and your use of it is governed by Section 15.1.
Subject to these Terms, Covent grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our websites and your seller account for your own use, and to access and use the Service for your internal business purposes during your subscription. No rights are granted to you except as expressly set forth in these Terms. You may not use Covent’s name, logos, or trademarks without our prior written consent.
If you provide feedback, suggestions, or ideas about Covent, you grant Covent a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation or compensation to you.
9.1 Copyright complaints (DMCA)
Covent respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. This section applies to content uploaded or published through our websites, a seller account, or the Service, including listing photographs, videos, floor plans, and other media displayed on storefronts and public listing pages.
(a) Takedown notices. If you believe content available through Covent infringes your copyright, send a written notice to our designated copyright agent at help@getcovent.com with the subject line “DMCA takedown notice.” Your notice must include: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it (such as the URL); (iv) your name, address, telephone number, and email address; (v) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
(b) Removal. Upon receipt of a valid takedown notice, we will remove or disable access to the identified material and make a reasonable effort to notify the user who uploaded it.
(c) Counter-notices. If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same address containing: (i) your physical or electronic signature; (ii) identification of the removed material and its location before removal; (iii) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if outside the United States, any judicial district in which Covent may be found) and that you will accept service of process from the person who filed the original notice. We may restore the material in ten (10) to fourteen (14) business days unless the original complainant notifies us that they have filed a court action seeking to restrain the alleged infringement.
(d) Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.
(e) Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and attorneys’ fees.
[COUNSEL: confirm that Covent’s designated DMCA agent is registered with the U.S. Copyright Office, and add the agent’s postal address and phone number here.]
10. Third-party services and links
Our websites, chats, and the Service link to and rely on services run by others, such as Google and Apple sign-in, maps, e-signature, title and closing companies, and payment processors. Those services have their own terms and privacy policies, which govern your use of them. We don’t control them and aren’t responsible for their content, availability, or practices. A link is not an endorsement.
11. The Covent software
Covent is a software-as-a-service platform designed for real estate professionals. The Service provides tools for property research, investor prospecting, communication (including SMS, voice calls, and email), listing pipeline management, and related analytics.
The Service is a tool. You are solely responsible for how you use it and for ensuring your use complies with all applicable laws, regulations, and industry standards.
Sections 11 to 19 apply to the Service, in addition to the rest of these Terms. Buying and selling houses is covered by Section 4 and the purchase agreement, not by these Sections.
11.1 Free tools and lead magnets
Covent offers free tools, document generators, and downloadable resources (collectively, “Lead Magnets”), including but not limited to the Contract Builder and Creative Finance Analyzer. Your use of Lead Magnets is subject to these Terms.
Not legal advice. Lead Magnets are provided for educational and informational purposes only. No attorney-client relationship is created between you and Covent LLC by your use of any Lead Magnet. The content generated by these tools does not constitute legal advice, and you should not rely on it as such.
No warranty on generated documents. All documents, contracts, templates, and other materials generated by Lead Magnets are provided on an “as-is” basis without any warranty of any kind, whether express or implied. Covent makes no representation that generated documents are accurate, complete, legally sufficient, or compliant with applicable laws.
Real estate wholesaling compliance. Real estate wholesaling is subject to state-specific laws and regulations that vary significantly by jurisdiction and are subject to frequent change. Multiple states have enacted or amended wholesaling regulations in recent years, including but not limited to Illinois, Oklahoma, Kentucky, Nebraska, Pennsylvania, Connecticut, Maryland, Oregon, and California. You are solely responsible for determining whether your intended use of any generated document complies with the laws of your jurisdiction.
Templates only. All generated documents are templates that may not comply with your local, state, or federal laws. They are starting points for discussion with a licensed attorney, not ready-to-use legal instruments.
Consult an attorney. You must consult a licensed real estate attorney in your jurisdiction before using any document generated by a Lead Magnet in an actual transaction. Failure to do so is at your sole risk.
11.2 Service accounts
You must provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.
You must be at least 18 years of age to use the Service. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
12. Telephone Consumer Protection Act (TCPA) compliance
This section is critical. You must read and understand it before using any communication features of the Service.
(a) The Service provides tools that enable you to send text messages, make voice calls, and send emails to third parties. You are solely responsible for ensuring that your use of these tools complies with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), Federal Communications Commission (FCC) regulations, and all applicable state and local telemarketing and privacy laws.
(b) Before initiating any marketing call or text message, you must obtain prior express written consent from each recipient as required by the TCPA. This consent must clearly authorize the specific type of communication and identify you or your business as the sender.
(c) You must maintain complete and accurate records of all consents obtained, including the date, time, method of consent, and the specific language agreed to by the recipient.
(d) You must honor all opt-out and do-not-contact requests. Under current FCC rules, opt-out requests must be processed within ten (10) business days. Consumers may revoke consent by any reasonable means. You may not require that opt-outs be submitted only through specific channels or keywords.
(e) You must not contact any person whose number appears on the National Do Not Call Registry unless you have a prior established business relationship or have obtained express written consent. You are responsible for scrubbing your contact lists against the National DNC Registry and applicable state registries before initiating outreach.
(f) If you use any automated or AI-generated voice features, you must disclose to recipients that they are communicating with an automated system, obtain their consent, and provide an opt-out mechanism, as required by FCC rulings.
(g) You acknowledge that TCPA violations can result in penalties of $500 to $1,500 per violation, and that a single outreach campaign could result in substantial aggregate liability. Covent does not monitor, review, or approve your communications and cannot protect you from TCPA liability.
(h) For all communications initiated using the Service, you are the party that determines recipients, contact data, content, timing, and purpose. As between you and Covent, you are the sender, initiator, and telemarketer/advertiser (as applicable under law) for legal compliance purposes.
(i) Covent acts solely as a technology service provider that transmits communications at your direction. Covent is not your law firm and does not provide legal advice. Any compliance tools, templates, or guidance in the Service are informational only and are not a guarantee of legal compliance.
(j) Message frequency and rates. Message frequency varies based on your account activity and preferences. Message and data rates may apply. Consult your wireless carrier for details about your messaging plan.
(k) Opt-out and support. Recipients of messages sent through the Service may opt out at any time by replying STOP to any message. For help, recipients may reply HELP or contact help@getcovent.com.
(l) Carrier disclaimer. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your wireless carrier.
12.1 SMS terms
Covent may send transactional SMS messages related to your account, including one-time passcodes, account verification codes, login alerts, security notifications, and other service-related communications. These messages are sent when you provide your phone number and request or consent to receive messages through the Service.
Program name: Covent.
Message types: Account verification, login codes, account notifications, security alerts, customer support, and service-related communications.
Message frequency: Message frequency varies based on your account activity and preferences.
Message and data rates: Message and data rates may apply. Consult your wireless carrier for details about your messaging plan.
Opt-out: Reply STOP to opt out of text messages.
Help: Reply HELP for help or contact help@getcovent.com.
Carrier disclaimer: Carriers are not liable for delayed or undelivered messages.
SMS consent is not shared with third parties or affiliates for marketing or promotional purposes.
Covent Homes texts: Covent Homes, our home-buying business, also texts homeowners, real estate professionals, and others about properties. Section 6 of these Terms and Sections 5.1 to 5.3 of our Privacy Policy describe those texts, how we get consent, and how to stop them. Reply STOP to any of them to opt out.
12.2 Contact data, consent, and outreach responsibility
Covent may provide, enrich, import, skip trace, append, or display property, investor, buyer, owner, phone, email, address, and related contact information from public records, customer uploads, licensed data providers, and other data sources. This information is provided for business research and workflow purposes only.
No guarantee of accuracy or contactability. Covent does not represent or warrant that any contact data is accurate, complete, current, deliverable, callable, textable, active, owned by the listed person, or legally available for outreach. Contact data may be outdated, incomplete, incorrectly matched, reassigned, associated with a landline or VoIP line, or subject to carrier filtering, do-not-call restrictions, opt-out requests, or other legal or operational limits.
No implied consent. The fact that contact data appears in the Service, is provided by Covent, is returned by a skip trace, is included in a buyer or investor list, or is uploaded by you does not mean that the contact has consented to receive calls, text messages, emails, marketing messages, automated calls, prerecorded calls, AI-generated calls, or any other communication from you, your business, or Covent.
Your outreach decision. You decide whether to contact a person, which channel to use, what to say, when to send or call, and whether your use is lawful. Before using any contact data for outreach, you must independently verify that you have all required permissions, consents, licenses, registrations, and legal bases for that outreach.
Uploaded contacts. If you upload, import, sync, or otherwise provide contact data to the Service, you represent and warrant that you have the right to process that data through the Service and to use it for the outreach you initiate. You are responsible for maintaining records showing the source of the data, any applicable consent, and any opt-out or do-not-contact status.
Covent-provided contacts. If the Service surfaces buyer, investor, owner, or other contact data for your potential use, you remain solely responsible for determining whether and how you may contact that person. Covent does not grant, transfer, or certify consent on behalf of any contact unless a feature expressly states that the contact has opted in to a specific Covent marketplace or communication program.
Suppression and platform controls. Covent may suppress contacts, block messages, throttle campaigns, restrict calling, disable numbers, require additional verification, require consent attestations, or suspend communication features when we believe usage may create legal, carrier, deliverability, security, data-provider, reputational, or platform risk. These controls are protective measures only. They do not make Covent responsible for your outreach decisions and do not guarantee compliance.
12.4 AI-generated and AI-enhanced imagery
This section is critical. You must read and understand it before using any photo enhancement, virtual staging, or AI imagery feature of the Service.
(a) Scope. The Service includes optional features that use artificial intelligence and machine learning to modify, enhance, or generate property photographs and other visual content (collectively, “AI Imagery”). These features may include, but are not limited to, exposure and white-balance correction, sky and landscape replacement, decluttering, object removal or replacement, virtual staging, and renderings depicting a property’s potential condition after improvements (surfaced as an “AI Renovated,” “Conceptual Rendering,” or similar view).
(b) AI Imagery is illustrative, not a photograph. AI Imagery is generated algorithmically and is intended to illustrate possibilities, not to depict the present condition of a property with photographic accuracy. AI models can introduce visual artifacts, alter or remove details, conceal defects, and produce results that materially differ from the underlying property. Covent does not review, approve, or verify any AI Imagery generated through the Service and makes no representation or warranty that AI Imagery is accurate, realistic, free from bias, or appropriate for any particular use or audience. Where the Service exposes a “Renovated” or “AI” mode, the resulting outputs are conceptual renderings; the property does not currently appear as shown in those outputs.
(c) You are the publisher. As between you and Covent, you are the author and publisher of any AI Imagery you generate, save, display, share, transmit, distribute, or otherwise use, including on storefronts, public listing pages, MLS listings, marketing emails, social posts, presentations, or any third-party platform. You are solely responsible for the use, distribution, and presentation of AI Imagery and for ensuring that your use complies with all applicable laws, real estate advertising rules, MLS rules, and the codes of ethics of any professional organization to which you belong, including, where applicable, the National Association of REALTORS® Code of Ethics (Article 12 and Standard of Practice 12-10) and any analogous state or local rules requiring a true picture in advertising.
(d) Mandatory disclosure on every published image. If you publish, display, distribute, or transmit AI Imagery to any third party, including buyers, sellers, investors, agents, lenders, MLS subscribers, or members of the public. You must include a clear and conspicuous disclosure on or immediately adjacent to each AI Imagery output. The disclosure must (i) state that the image has been digitally altered, AI-enhanced, AI-generated, virtually staged, or is a conceptual rendering, as applicable; (ii) be legible to an ordinary viewer at the size the image is displayed; and (iii) where required by law, be accompanied by a public link, URL, or QR code that allows the viewer to access the original, unaltered image without authentication. The Service may surface default labels (for example, an “AI” badge alongside a Renovated view) and may attach a public link to the original photograph; you remain responsible for confirming that your disclosure and original-image access satisfy the laws of every jurisdiction where the imagery is shown.
(e) California listings. California Business and Professions Code section 10140.8 (added by AB 723, effective January 1, 2026) requires real estate brokers and salespersons, and any person acting on their behalf, to provide a reasonably conspicuous disclosure on or adjacent to any image that has been altered through photo-editing software or artificial intelligence to add, remove, or change elements of a property, and to provide public access to the original, unaltered image. Pure exposure, white-balance, sharpening, color-correction, cropping, and similar adjustments that do not change the representation of the property are exempt; alterations to sky, landscape, fixtures, finishes, furniture, façade, floor plans, or other elements of the property are not exempt. If you market California real property, or if your audience may include California viewers, you are responsible for ensuring full compliance with section 10140.8, including the original-image access requirement and any MLS-specific implementation rules.
(f) Acknowledgment of risk. You acknowledge that the use of AI Imagery in connection with marketing, advertising, or selling real property carries inherent legal, regulatory, and reputational risk. This includes risk of consumer claims and regulatory action for misrepresentation, fraud, unfair or deceptive acts or practices (including under Section 5 of the Federal Trade Commission Act, California Business and Professions Code section 17200 and section 17500, and analogous state UDAP and false-advertising statutes), breach of contract, rescission, statutory disclosure violations, license discipline, MLS sanctions, and ethics complaints. By enabling, generating, saving, or distributing AI Imagery through the Service, you knowingly and voluntarily assume these risks.
(g) Prohibited uses. You may not use AI Imagery features to (i) conceal, minimize, or omit a known material defect in a property; (ii) misrepresent square footage, structural condition, finishes, or any feature that requires permitting or inspection; (iii) generate imagery of a property you do not have the legal right to market; (iv) generate imagery that includes the likeness of an identifiable person without their consent; (v) market a property in a jurisdiction where you are not licensed to do so or where unlicensed advertising of the property is prohibited; or (vi) produce content that is deceptive, fraudulent, defamatory, infringing, or otherwise unlawful. AI Imagery features are not a substitute for the disclosures, agency relationships, and licensure required by your jurisdiction.
(h) Indemnification. Without limiting Section 22, you agree to defend, indemnify, and hold harmless Covent from and against any claim, loss, damage, fine, penalty, judgment, settlement, or expense (including reasonable attorneys’ fees) arising out of or related to: (i) AI Imagery you generate, save, publish, or distribute through the Service; (ii) your failure to disclose AI enhancement or generation, or to provide access to the original, unaltered image, as required by law, contract, MLS rule, or professional code of ethics (including, where applicable, California Business and Professions Code section 10140.8); (iii) any allegation that AI Imagery you used misrepresented the condition, features, or characteristics of a property, or concealed a defect; or (iv) any third-party intellectual property, publicity, or privacy claim arising from inputs you supplied to the AI features or outputs you used.
(i) Service-level controls. Covent may, at its discretion, add visible labels, watermarks, or embedded provenance metadata to AI Imagery, retain and serve the original photograph at a public URL for compliance purposes, modify or remove AI features, restrict access to AI Imagery features, or require additional disclosures or attestations to comply with applicable law, carrier policies, third-party platform requirements, or its own risk-management policies. Covent has no obligation to retain, deliver, or restore AI Imagery and may revoke access to AI outputs without notice.
(j) No legal advice. The information in this Section 12.4 and any in-product compliance hints, default disclosures, or template language are informational only and do not constitute legal advice. Laws and MLS rules governing AI Imagery vary by jurisdiction and change frequently. Consult a licensed real estate attorney in your jurisdiction before relying on any default disclosure or template provided by the Service.
13. CAN-SPAM compliance
If you use the Service to send commercial email, you must comply with the CAN-SPAM Act. This includes: (a) using accurate header information and subject lines, (b) identifying messages as advertisements where required, (c) including a valid physical postal address, (d) providing a clear and conspicuous opt-out mechanism, and (e) honoring opt-out requests within ten (10) business days.
14. Do Not Call Registry compliance
You are responsible for maintaining your own internal Do Not Call list and for honoring all requests from individuals who ask not to be contacted. You must register with and regularly scrub your contact lists against the National Do Not Call Registry maintained by the Federal Trade Commission, as well as any applicable state-level Do Not Call registries. The Service may provide tools to assist with DNC management, but the legal obligation to comply rests solely with you.
15. Service acceptable use and prohibited conduct
You agree not to: (a) use the Service for any unlawful purpose, including sending unsolicited communications in violation of applicable law; (b) send messages that are harassing, threatening, abusive, or fraudulent; (c) misrepresent your identity or the purpose of your communications; (d) use the Service to engage in robocalling or automated dialing to numbers without consent; (e) spoof caller ID or use deceptive caller identification; (f) circumvent any rate limits, usage caps, or technical restrictions of the Service; (g) share, resell, or sublicense your account access; (h) use the Service to compile data for purposes unrelated to your legitimate business activities; (i) use contact data without honoring applicable consent, opt-out, do-not-call, unsubscribe, or suppression requirements; (j) attempt to bypass any compliance, deliverability, velocity, suppression, or contact-quality control in the Service.
We reserve the right to monitor usage patterns and to suspend or terminate accounts that we reasonably believe are in violation of these Terms or applicable law. This monitoring is a good-faith effort to maintain platform integrity and does not constitute an obligation or guarantee of compliance oversight.
Nothing in these Terms creates a partnership, agency, joint venture, employment, or similar relationship between you and Covent. You may not represent to any third party that Covent is the sender of your campaigns, your telemarketing agent, or your legal compliance advisor.
15.1 Data resale, redistribution, and anti-scraping
This section is critical. You must read and understand it before exporting data from, or integrating with, the Service. Covent’s property, investor, contact, buyer, and market data (collectively, “Platform Data”) is proprietary to Covent and is made available only for your internal, private business use.
(a) Permitted use. You may use Platform Data, including data obtained through CSV exports, reports, downloads, API responses, or any other output of the Service, solely for your own private and internal business operations. This includes contacting investors you have a legitimate interest in working with, evaluating deals, and managing your own transactions.
(b) No resale or redistribution. You may not sell, license, sublicense, rent, lease, trade, publish, share, syndicate, transfer, or otherwise redistribute Platform Data, in whole or in part, whether in original, modified, derived, or aggregated form, to any third party. This restriction applies to data obtained from any feature of the Service, including but not limited to investor prospecting exports, skip tracing results, property records, buyer lists, and market insights.
(c) No competitive use. You may not use Platform Data, the Service, or any API, feed, or other output of the Service to build, train, enrich, or operate any product, dataset, database, model, or service that competes with Covent or that is made available to third parties. You may not use Platform Data to seed, supplement, or augment a competing offering, and you may not provide Platform Data to a competitor of Covent under any circumstance.
(d) API and integration restrictions. Access to the Service through any API, webhook, integration, or programmatic interface is granted solely for use within your own business operations. You may not use the API or any integration to mirror, replicate, warehouse, or redistribute Platform Data to any third party or to any end user other than authorized users of your own account. You may not create a pipeline, feed, or downstream product that republishes or resells Platform Data. Rate limits, usage caps, and quotas are part of the API license and may not be circumvented.
(e) No scraping or automated extraction. You are strictly prohibited from scraping, crawling, harvesting, spidering, indexing, or otherwise extracting data from the Service or any Covent website by automated or manual means outside of features expressly made available for that purpose. You may not use bots, scripts, headless browsers, screen scrapers, data miners, or any other automated tool to access, copy, or collect Platform Data or Service content. This prohibition applies equally to our authenticated application, our marketing site, our storefronts, and any public-facing surface of the Service.
(f) No circumvention. You may not take any action designed to evade, disable, bypass, or work around technical, contractual, or operational measures intended to protect Platform Data or enforce these restrictions, including but not limited to rate limits, usage caps, export limits, access controls, authentication mechanisms, CAPTCHAs, or fingerprinting and bot detection. You may not coordinate with others to split, distribute, or parallelize data collection in a manner intended to defeat these measures. Use of rotating IP addresses, proxy networks, headless browsers, or multiple accounts to aggregate access beyond the limits of a single account is expressly prohibited.
(g) Detection, monitoring, and enforcement. Covent actively monitors usage patterns, export volumes, API activity, and account behavior to protect Platform Data and enforce reasonable fair-use and abuse controls. High usage alone is not a violation. We may contact customers whose usage is unusually high to discuss an appropriate higher-volume arrangement. We use a combination of automated systems, fingerprinting, anomaly detection, and manual review, and we reserve the right to investigate suspected violations by reviewing logs, export history, and account activity.
(h) Consequences of violation. Any violation of this section is a material breach of these Terms. When Covent confirms automated scraping or similar abuse, we may temporarily block access to new Platform Data while keeping data previously provided through legitimate use available. Repeated or serious violations may result in a longer suspension, revocation of API keys and integrations, manual review, or permanent termination of your account without refund. We reserve the right to pursue injunctive relief, damages, disgorgement of profits, and attorneys’ fees, and to report violations to law enforcement, regulators, carriers, data providers, or other affected parties where appropriate.
(i) Upstream provider restrictions. Platform Data includes data licensed from third-party data providers. Your use of Platform Data is subject to any additional restrictions imposed by our data providers that we make available to you or that are reasonably necessary for Covent to comply with its agreements with those providers. We may modify, restrict, suppress, or discontinue any data field, dataset, or source, or require you to cease a particular use of Platform Data, where reasonably necessary to comply with provider requirements or applicable law.
(j) Survival. The restrictions in this Section 15.1 survive termination of your account and these Terms and continue to apply to any Platform Data in your possession after your account ends. Upon termination for a violation of this Section, you must promptly delete all Platform Data in your possession or control and, upon request, certify deletion in writing.
15.2 No consumer reporting or FCRA-regulated use
Covent is not a consumer reporting agency. Covent is not a “consumer reporting agency” as defined by the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and no data made available through the Service, including Platform Data, property records, contact information, skip tracing results, and buyer or investor information, constitutes a “consumer report” under the FCRA.
Prohibited purposes. You may not use the Service or any data obtained through the Service, in whole or in part, as a factor in establishing or evaluating any person’s eligibility for: (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes, including hiring, promotion, reassignment, or retention; (c) housing, including tenant or rental screening; (d) a government license or benefit; or (e) any other purpose that would require a permissible purpose under the FCRA or cause any data obtained through the Service to be treated as a consumer report. You also may not use data obtained through the Service in violation of the Gramm-Leach-Bliley Act, the Driver’s Privacy Protection Act, or any similar federal or state law governing regulated categories of personal data.
Your certification. By accessing the Service, you certify that you will not use any data obtained through the Service for any purpose described above, and that you will not share data obtained through the Service with any third party who you know or have reason to believe intends to use it for such a purpose.
Consequences of violation. Any use of the Service or data obtained through the Service for a purpose prohibited by this Section 15.2 is a material breach of these Terms and may result in immediate suspension or termination of your account without refund. The restrictions in this Section 15.2 survive termination of your account and these Terms.
16. Billing and payments
(a) Plans, trial, and automatic renewal. Covent offers a Free account and a paid Starter subscription. The Free account does not require a payment method. Starter is billed monthly or annually at the price shown at checkout and includes a fourteen (14) day free trial for eligible new subscribers. A valid payment method is required when the Starter trial begins, but the first subscription charge is not collected until the trial ends unless the trial is canceled first. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUALLY, AS APPLICABLE) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. By enrolling, you authorize Covent to charge your designated payment method the then-current subscription fee at the start of each renewal period. All fees are in U.S. dollars. We will send you an annual reminder that your subscription is set to automatically renew, including the current charge amount and how to cancel.
(b) Buyer reveals and plan access. Free includes a limited, non-renewing allowance of buyer reveals for in-platform use. Starter includes buyer access across supported in-platform, export, API, MCP, and integration workflows, subject to reasonable fair-use and abuse protections. Covent does not display a customer-facing credit or reveal balance. Providing the same buyer to the same Covent location more than once does not create another buyer reveal.
(c) Communications wallet and automatic reload. Calls, SMS, email, phone numbers, call recordings, and related communications services are funded separately through your communications wallet and are not buyer reveals or part of the Starter subscription price. Current per-unit rates are displayed in the Service and in your billing settings. If you enable automatic wallet reload, your default payment method will be charged when the wallet balance falls below the threshold you configure. You may modify or disable automatic reload at any time without canceling Starter. Communications charges are final once the applicable service has been initiated, regardless of delivery outcome.
(d) A2P registration and compliance fees. Use of SMS features requires A2P 10DLC registration, which includes a one-time application fee and per-campaign registration fees. These fees cover third-party costs (The Campaign Registry, carrier vetting) and are non-refundable regardless of registration outcome. Additional recurring compliance fees imposed by carriers or regulatory bodies may be passed through at cost.
(e) Taxes. All prices exclude applicable taxes, regulatory surcharges, and government-imposed fees. You are responsible for all such taxes and levies. Where required by law, applicable taxes will be added to your invoices.
(f) Payment method. You must maintain a valid payment method on file for Starter. You authorize us to charge your payment method for all fees incurred under these Terms. If your payment method expires or is declined, you remain responsible for all uncollected amounts.
(g) Failed payments. If a subscription payment fails, we will reattempt the charge up to five (5) times over fourteen (14) days. During this period, your account transitions through tiered access levels: full access (Days 0-7), read-only (Days 8-14), suspension (Day 15+), and termination with data deletion (after Day 60 of suspension). You will receive email notifications at each stage. You may reactivate your account at any time before data deletion by updating your payment method and paying all outstanding balances. See our Billing policy for the complete escalation timeline.
(h) Price changes. We may modify subscription pricing, usage rates, or fee structures with at least thirty (30) days’ written notice. Price changes take effect at the start of your next billing cycle. For annual subscribers, changes take effect at the next annual renewal. The notice will include the new price, the effective date, and instructions for how to cancel if you do not agree. If you do not cancel before the price change takes effect, your continued subscription constitutes acceptance of the new price. Carrier pass-through fees (including A2P/10DLC fees and carrier surcharges) may change without advance notice, as these fees are set by third-party carriers and are outside our control.
(i) Refunds. Subscription fees, usage charges, and A2P registration fees are generally non-refundable. Funds added to the communications wallet are governed by the refund terms in our Billing policy, which is incorporated into these Terms by reference.
(j) Chargebacks. You must contact us at help@getcovent.com before filing any chargeback or payment dispute with your financial institution. Filing an unauthorized chargeback may result in immediate account suspension, account termination, and collection of the disputed amount plus associated fees.
(k) Billing receipts. We will send you an electronic receipt after each charge to your payment method, including the charge amount, a description of the subscription, service, or communications-wallet funding purchased, and instructions for how to cancel or modify your subscription.
(l) Consent records. We retain records of your subscription enrollment consent, communications-wallet automatic-reload authorization, and auto-renewal acknowledgment for a minimum of three (3) years or one (1) year after termination of your account, whichever is longer, as required by applicable law.
17. Data ownership
You retain ownership of all data you upload or create through the Service (“Your Data”). By using the Service, you grant Covent a limited, non-exclusive license to process Your Data solely for the purpose of providing and improving the Service.
License for published content. Where you use features that make content publicly available, including storefronts, public listing pages, shared links, campaigns, and embeds, you additionally grant Covent a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt for technical display purposes, publicly display, distribute, and transmit that content, including listing photographs, videos, floor plans, and other media, at your direction and for as long as the content remains published through the Service, plus a reasonable period for removal and any retention required by law.
Your content warranty. You represent and warrant that you own or have obtained all rights, licenses, consents, and permissions necessary to upload Your Data to the Service and to grant the licenses above, and that Your Data does not infringe or misappropriate any third party’s intellectual property, publicity, or privacy rights. Covent may remove or disable access to content it reasonably believes to be infringing, as described in Section 9.1.
Upon request, we will provide an export of Your Data in a standard format. Upon account termination, Your Data will be retained for ninety (90) days and then permanently deleted, unless longer retention is required by law.
Platform Data is not Your Data. “Your Data” does not include Platform Data (as defined in Section 15.1), even where Platform Data is surfaced, displayed, downloaded, or exported through the Service in the form of CSV exports, reports, API responses, or other output. Platform Data remains proprietary to Covent and your use of it is governed by Section 15.1, including its resale, redistribution, and anti-scraping restrictions, notwithstanding anything in this Section 17.
18. Service suspension
We may suspend or restrict your access to the Service without prior notice if: (a) your payment is overdue by more than seven (7) days; (b) you violate these Terms, our Acceptable Use Policy, or applicable law; (c) your usage poses a security risk or may harm other users or the Service; (d) your A2P registration is revoked or suspended by carriers or TCR; (e) your outreach generates elevated opt-outs, complaints, spam reports, carrier filtering, provider warnings, data provider concerns, or other risk signals; or (f) required by law, regulation, or court order. We will provide reasonable notice before suspension when practicable, except where immediate action is required. Suspension does not relieve you of your obligation to pay outstanding fees.
19. Termination
This Section covers Service accounts and subscriptions. Section 3 covers seller accounts.
Either party may terminate these Terms at any time with thirty (30) days’ written notice. Covent may terminate your account immediately and without notice if we reasonably believe you have violated these Terms, engaged in unlawful activity, or pose a risk to the Service or other users.
Cancellation. You may cancel your subscription at any time by navigating to Account Settings and clicking “Cancel Subscription.” Cancellation is entirely self-service and does not require contacting support, calling a phone number, or completing any additional steps beyond clicking the cancel button. We will send you a cancellation confirmation email. Cancellation during a Starter trial prevents the first subscription charge. Otherwise, cancellation takes effect at the end of your current billing period; Starter remains active until that date.
Upon termination: (a) your right to use the Service ceases at the end of your current billing period (or immediately for cause-based termination); (b) your subscription will not renew; (c) eligible user-funded communications-wallet balances remain available for a refund request for thirty (30) days, after which unclaimed funds are forfeited; and (d) your data will be retained for ninety (90) days and then permanently deleted, unless longer retention is required by law.
Sections 3.1, 3.2, 7, 9, 15.1, 15.2, 16, 17, 20 to 23, and 25 survive termination of an account and of these Terms.
20. Disclaimer of warranties
OUR WEBSITES, SELLER ACCOUNTS, AI ASSISTANTS, AND THE SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COVENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COVENT DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DATA PROVIDED THROUGH THE SERVICE, INCLUDING PROPERTY RECORDS, CONTACT INFORMATION, OR SKIP TRACING RESULTS, IS ACCURATE, COMPLETE, CURRENT, DELIVERABLE, CALLABLE, TEXTABLE, OR LEGALLY CONTACTABLE; (D) ANY CONTACT HAS CONSENTED TO RECEIVE COMMUNICATIONS; (E) YOUR USE OF THE SERVICE WILL COMPLY WITH APPLICABLE LAWS OR REGULATIONS; (F) THE SERVICE WILL DETECT OR PREVENT ALL UNLAWFUL COMMUNICATIONS.
Property and contact data available through the Service originates from third-party sources including public records and licensed data providers. We do not independently verify this data and make no guarantees regarding its accuracy or completeness.
OUR ESTIMATES, PRICE RANGES, MARKET INFORMATION, AND ANYTHING SAID BY OUR AI ASSISTANTS ARE PROVIDED FOR INFORMATION ONLY. THEY ARE NOT APPRAISALS OR OFFERS. ANY PROMISE ABOUT A HOUSE OR ITS SALE IS ONLY WHAT A SIGNED PURCHASE AGREEMENT STATES.
Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
21. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITES, A SELLER ACCOUNT, OUR AI ASSISTANTS, OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
COVENT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, OUR WEBSITES, A SELLER ACCOUNT, OUR AI ASSISTANTS, OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO COVENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [COUNSEL: DOLLAR AMOUNT FOR USERS WHO PAY NO FEES].
Without limiting the foregoing, Covent is not liable for statutory damages, regulatory penalties, or third-party claims arising from communications that you send, schedule, or initiate through the Service, including claims asserted directly against Covent under agency, vicarious liability, or similar legal theories.
These limits do not apply to either side’s obligations under a signed purchase agreement, which sets its own remedies, or to liability that cannot be limited under applicable law.
22. Indemnification
You agree to defend, indemnify, and hold harmless Covent, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of our websites, a seller account, or the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right, including but not limited to the TCPA, TSR, CAN-SPAM Act, or any state telemarketing or privacy law; (d) any communication you send or initiate through the Service; (e) any data you upload, store, import, sync, export, enrich, skip trace, or process through the Service; (f) any contact data, buyer data, investor data, skip tracing result, or Platform Data you use for outreach; (g) any claim by a third party that your use of the Service caused them harm.
Without limiting the foregoing, you specifically agree to indemnify and hold harmless Covent from and against any claims arising out of or related to: (h) your use or misuse of any document generated by a Lead Magnet in an actual real estate transaction; (i) any reliance on generated documents as legal advice; (j) your failure to obtain independent legal counsel before using any generated document; (k) your violation of any state or local wholesaling law, licensing requirement, or real estate regulation in connection with documents generated by the Service; (l) your generation, publication, or distribution of AI Imagery through the Service, including any failure to disclose AI enhancement to viewers as required by Section 12.4; (m) your decision to contact any person using data provided, enriched, imported, skip traced, or displayed through the Service; (n) your failure to verify contact permission, honor opt-outs, scrub do-not-call lists, or maintain consent records; (o) any use of the Service or Platform Data for a purpose prohibited by Section 15.2, including any consumer reporting or FCRA-regulated purpose; (p) any claim that content you uploaded or published through the Service, including listing photographs, videos, and other media, infringes or misappropriates any third party’s intellectual property, publicity, or privacy rights.
You also agree to defend, indemnify, and hold harmless Covent from and against any claims arising out of or related to: (q) a house, a person’s information, or content you send us, including any claim that you had no right to share it; (r) a role or authority you claimed on a house that was not true, including claims by an owner, a co-owner, an heir, or a party to your contract with the owner; and (s) your breach of Section 3.
This obligation includes claims brought by message recipients, regulators, carriers, attorneys general, or other governmental authorities, including claims alleging that Covent is directly or vicariously liable for your communications. You will reimburse Covent for all resulting costs, including settlements, judgments, fines, penalties, and reasonable attorneys’ fees to the maximum extent permitted by law.
This indemnification obligation survives termination of your account and these Terms.
23. Governing law and dispute resolution
(a) Try to resolve it first. Before starting arbitration or a small-claims case, the party with a dispute must send the other a written notice describing it and the relief sought, and both sides will try in good faith to resolve it for sixty (60) days. Send notices to us at help@getcovent.com and [COUNSEL: postal address for legal notices]. Deadlines to bring a claim are paused during this period.
(b) Governing law. The Federal Arbitration Act governs this Section 23. Otherwise, these Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law principles. The sale of a house is governed by its purchase agreement and the law of the state where the house is located. [COUNSEL: confirm Wyoming governing law for homeowners in other states.]
(c) Binding arbitration. Except as provided in subsection (g), any dispute, claim, or controversy arising out of or relating to these Terms, our websites, a seller account, our AI assistants, or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). If you use Covent for personal, family, or household purposes, such as selling your own home, the AAA’s Consumer Arbitration Rules apply, the hearing will take place in the county where you live or by phone or video, and fees are allocated as those rules provide. Otherwise, the AAA’s Commercial Arbitration Rules apply and the arbitration shall be seated in Cheyenne, Wyoming. Judgment on the award may be entered in any court of competent jurisdiction. The state and federal courts located in Laramie County, Wyoming have exclusive jurisdiction over any matter not subject to arbitration, except a small-claims case, which may be brought where you live.
(d) Class action waiver. To the maximum extent permitted by law, you and Covent agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class, collective, or representative proceeding.
(e) Many similar claims. If [COUNSEL: number] or more similar demands are filed against Covent by or with the help of the same or coordinated counsel, they will be administered in batches under the AAA’s mass arbitration rules then in effect. [COUNSEL: confirm the batching procedure.]
(f) Opt-out. You may opt out of the arbitration agreement and class action waiver in subsections (c) to (e) by sending written notice to help@getcovent.com within thirty (30) days of first accepting these Terms, for example by creating a seller account or a Service account. Your notice must include your name, the email address you use with us, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
(g) What stays in court. Either party may bring an individual claim in small-claims court for any dispute within that court’s jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or the restrictions in Section 8 or Section 15.1. A dispute about a house you agreed to sell us is resolved as its purchase agreement provides, if it has its own dispute terms.
(h) Delegation. The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court, and not an arbitrator, shall decide whether the class action waiver in subsection (d) and the batching in subsection (e) are enforceable.
(i) Public injunctive relief. If a claim seeks public injunctive relief that the law does not allow an arbitrator to award, a court will decide that request after the individual claims are arbitrated, and it is paused until then.
(j) Jury trial waiver. If a dispute is decided in court rather than in arbitration, you and Covent each waive the right to a jury trial, to the extent the law allows.
24. Changes to these terms
We may modify these Terms from time to time. If we make a material change, we will provide at least thirty (30) days’ notice before the change takes effect, by email to the address associated with your account, by notice within the Service or your seller account, or by posting an updated version with a new effective date. Changes required by law or that address a security or operational risk may take effect immediately. The “last updated” date at the top of these Terms indicates when they were most recently revised.
Your continued use of our websites, a seller account, or the Service after the effective date of a change constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using them, and may close your seller account (Section 3) or cancel your subscription (Section 19).
A change to these Terms does not change a purchase agreement already signed, and a change to Section 23 does not apply to a dispute already in arbitration or in court.
25. General provisions
(a) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. If the class action waiver in Section 23(d) is found unenforceable as to a particular claim, that claim shall be severed and proceed in court, while all other claims remain in arbitration.
(b) Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without Covent’s prior written consent. Covent may freely assign these Terms, including in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets. These Terms bind and benefit the parties and their permitted successors and assigns.
(c) Force majeure. Covent is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or telecommunications failures, carrier outages, third-party service disruptions, governmental action, or war.
(d) No waiver. Covent’s failure to enforce any provision of these Terms is not a waiver of its right to do so later. No waiver of any provision is effective unless in writing and signed by an authorized representative of Covent.
(e) Entire agreement. These Terms, together with our Privacy policy and Billing policy, each incorporated by reference, constitute the entire agreement between you and Covent regarding our websites, seller accounts, and the Service, and supersede all prior or contemporaneous understandings, whether written or oral. A signed purchase agreement for a house is a separate agreement and controls as Section 1 explains.
(f) Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship.
(g) Notices. We may provide notices to you by email to the address associated with your account or by posting within the Service or your seller account. You may provide notices to us at help@getcovent.com and, for legal notices, at [COUNSEL: postal address for legal notices].
26. Contact
If you have questions about these Terms, contact us at: help@getcovent.com
Covent LLC, a Wyoming limited liability company. [COUNSEL: mailing address]