Terms of Service

1. What Open House Owl is, and what it is not#

Open House Owl is a check-in and follow-up tool for open houses. A hosting agent posts the open house. A visitor checks in once. The Service can email the house details and the agent’s card, keep a visitor record on that agent’s desk, score the visit from answers the visitor gave, queue a follow-up, and, on Owl Pro, send a text receipt, alert the agent to a hot lead, share a seller traffic report, and share the visitor log with one named colleague.

Open House Owl is not:

• a real estate broker, brokerage, salesperson, or team, and not affiliated with any user’s brokerage;
• a party to any listing agreement, buyer-broker agreement, showing, offer, or sale;
• an MLS, an IDX feed, or a source of listing data (listings are posted by the agents who host them);
• a guarantor of price, HOA dues, square footage, availability, condition, ownership, or any other property fact;
• a consumer reporting agency, and lead flags are not consumer reports under the Fair Credit Reporting Act;
• an emergency, security, or personal-safety service;
• a law firm, and nothing on the Service is legal, tax, lending, or appraisal advice.

Checking in, saving a home, planning a route, or receiving an email or text does not create an agency, fiduciary, or brokerage relationship with Open House Owl, the Harbor Desk, the hosting agent, or the hosting agent’s brokerage. A written agreement may be required before anyone represents you in a purchase or sale. Verify that with the licensee involved.

2. Eligibility#

You must be at least 18 years old to create an account or check in. The Service is not directed to children under 13, and we do not knowingly collect their information.

Agent desks are for people who hold an active real estate license in the jurisdiction where they host. Submitting a license for Harbor Desk review does not mean we verified it with the Florida Real Estate Commission or any other regulator, and it is not a representation by us that you are licensed, insured, or authorized to host.

3. Accounts#

One account can be used as a buyer and, after approval, as an agent. New accounts start as buyer profiles. Agents apply after signing in and submit a license for Harbor Desk review. We may approve, refuse, or later suspend an agent desk for any reason, including an inactive license, inaccurate listing data, misuse of visitor information, or nonpayment.

Sign-in may use a one-time code sent to the email or mobile number you enter. If a password is used, it is stored only as a hash. You are responsible for activity under your account and for keeping codes and sessions to yourself. Sessions may expire, including after 14 days. Tell us at hello@openhouseowl.com if you believe your account is being misused.

We may require additional information to investigate fraud, a license issue, or a complaint.

4. The Service#

Features depend on plan and on whether email, text, and card billing are configured. A feature described on the site may be unavailable, delayed, or recorded on the Harbor Desk instead of delivered, if a provider is not connected.

Free desk, at $0 per month, may include QR and guest check-in, a visitor log with lead scores, a follow-up email to each visitor, public open-house and agent pages with outcomes the host posts, and a safety alert to a colleague.

Owl Pro, at the price shown on the desk (currently $39 per month), may add text receipts to visitors, hot-lead alerts to the hosting agent, a seller traffic report with a shareable link, and colleague share of the visitor log.

Buyers may check in, plan a route, save homes, and keep a profile at no charge. Buyer check-in stays free.

Public pages may show upcoming open houses, agent pages, past outcomes the host entered (for example, “Sold in 9 days”), and visitor counts if the host allows them. Phone numbers and email addresses are not meant for public pages. Seller reports are meant to show first name and last initial, timelines, price feedback, and comments, and not phone numbers or email addresses. A shareable link can be forwarded. You are responsible for anyone you send it to.

Lead scores and “hot” flags are labels from answers the visitor typed, such as pre-approval status, whether they said they have an agent, and stated timeline. They are not a verification of credit, funds, agency, or intent, and not a promise that a lead will transact.

The safety alert is a convenience message to a colleague the agent names. It is not monitored as an emergency line, not a substitute for calling 911, and not a promise that anyone will receive or act on it.

5. Listings, photos, and outcomes#

Hosting agents enter listing details. We do not pull them from an MLS, and we do not verify price, beds, baths, square footage, HOA dues, dates, times, address, availability, or outcome. Photos may be illustrations, including photography from Unsplash, and may not depict the property. Anyone relying on a page should verify details with the host before visiting, offering, or making a decision.

You may post an open house only if you are authorized to host it. You grant Open House Owl a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute the listing content, photos you upload, outcomes, and profile text for operating, securing, and promoting the Service. You represent that you have the rights to that content and that it is not false or misleading.

We may remove a listing, outcome, photo, or page at any time, without notice, and without liability for lost leads or a missed open house.

6. Visitor records and how agents may use them#

A check-in is shared with the agent hosting that open house and, if that host shared the visitor log, with one colleague the host named. It is not a product we sell to other agents.

If you are an agent or colleague with access to a visitor record, you agree that:

• you will use the name, mobile number, email, timeline, pre-approval answer, agency answer, sale status, price feedback, comment, and contact preferences only to follow up about the home visited and homes like it, and to operate that open house;
• you will not sell, rent, or trade visitor lists, and will not upload them to a data broker;
• you will honor opt-outs, including STOP on text and unsubscribe on email, and you will not ask us to message someone who has opted out;
• you are the sender, or the person on whose behalf messages are sent, for follow-up about your open house, and you are solely responsible for the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, Florida telemarketing law, and any similar law;
• you will not use a record to discriminate in housing, or in any way that violates the Fair Housing Act or Florida fair-housing law;
• you will not treat a lead flag as a credit decision or a consumer report;
• a colleague share and a seller-report link are your disclosures, and you are responsible for the listing agent, seller, and anyone else who receives them.

Buyers and guests acknowledge that the hosting agent, and a named colleague if the host shared the log, will receive the check-in, and that a seller report may include a first name, last initial, timeline, price feedback, and comment.

7. Email and text#

Checking in may trigger a confirmation email with the property summary and the agent’s card. On an Owl Pro desk, a confirmation text may be sent if you agreed to texts. Later notes may be queued for the agent to send. Verification codes go only to the email or number entered and expire quickly (currently ten minutes). If texting is off, a code may be shown on the form instead. If a provider is not configured, a receipt may be stored on the visit and with the Harbor Desk rather than delivered.

Message frequency varies. Message and data rates may apply. Reply STOP to opt out of texts. Reply HELP for help, or write to hello@openhouseowl.com. Opting out of promotional texts does not stop a one-time sign-in code you request.

Carriers are not liable for delayed or undelivered messages. We do not guarantee delivery, timing, or that a message will be seen before a visitor leaves.

8. Owl Pro, fees, and taxes#

Owl Pro is a month-to-month subscription, billed in advance at the price shown on your desk. There is no term contract. Cancel any time from the Stripe billing portal when card billing is on, or through the Harbor Desk when it is not. The desk keeps Owl Pro through the end of the period already paid, then returns to the free plan. Listings and check-ins stay on the desk. Seller reports, visitor texts, hot-lead alerts, and colleague share stop until Owl Pro is started again.

Card payments run through Stripe when billing is configured. Stripe’s terms apply to the payment method. We do not store full card numbers. If Stripe is not configured, Harbor Desk may turn Owl Pro on by arrangement, including for a brokerage paying for several agents.

Fees are non-refundable except where the law requires a refund or we agree in writing. We may change the price on notice; the change applies to the next period. Taxes may be added where required. Failed payment may suspend paid features.

9. Acceptable use#

You will not:

• post an open house you are not authorized to host, or invent an outcome;
• check in as someone else, or submit a number or email you are not allowed to use;
• scrape, probe, overload, or reverse engineer the Service, except to the extent a law forbids that limit;
• use the Service to send unwanted or unlawful messages;
• upload malware, or interfere with another user’s desk;
• use the Service for any discriminatory housing practice;
• misrepresent affiliation with Open House Owl, a brokerage, or a seller;
• resell the Service or build a competing dataset from visitor records.

We may investigate and may remove content, refuse a check-in, or pause or close any account that breaks these Terms or risks other users, with or without notice.

10. Intellectual property#

The Service, including its name, owl branding, software, and layout, is owned by Open House Owl or its licensors. These Terms do not grant you any trademark or patent right. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service while you comply with these Terms. Feedback you send to the Harbor Desk may be used without obligation or payment.

11. Third parties#

Stripe, Resend, Twilio, a hosted database provider, carriers, and other processors help us run the Service. Their acts and outages are outside our control. A link to a brokerage, a map, Unsplash, or another site is not our endorsement. Open houses happen on property we do not own or control. Premises liability, condition, occupancy, and security of a house are the responsibility of the owner, the occupant, and the hosting agent, not Open House Owl.

12. Privacy#

Our Privacy Policy explains what we collect and who sees a check-in. It is part of these Terms. Agent desks remain responsible for their own use of visitor information after it reaches them.

13. Suspension and termination#

You may stop using the Service at any time. Buyers can delete a profile from the profile page. Deleting a profile does not erase a past check-in from the hosting agent’s desk; it removes the link to the profile. Agents may ask the Harbor Desk to close a desk.

We may suspend or terminate access, remove listings, or discontinue a feature or the Service entirely, at any time, for any reason, including risk, nonpayment, or a legal request. We are not liable for a missed open house, a lost lead, or a lost commission because access stopped.

Sections that by nature should survive, including licenses you granted, disclaimers, the release, limitation of liability, indemnification, and dispute terms, survive termination.

14. Disclaimer of warranties#

THE SERVICE, DESKS, CHECK-INS, LISTINGS, PHOTOS, OUTCOMES, ROUTES, LEAD SCORES, SELLER REPORTS, EMAILS, TEXTS, SAFETY ALERTS, AND HARBOR DESK ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, OPEN HOUSE OWL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE.

WITHOUT LIMITING THAT, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT A MESSAGE WILL BE DELIVERED OR READ; THAT A LISTING, HOA FIGURE, PRICE, PHOTO, OR OUTCOME IS ACCURATE OR CURRENT; THAT A LEAD IS REAL, PRE-APPROVED, UNREPRESENTED, OR READY TO BUY; THAT AN OPEN HOUSE WILL BE HELD; THAT A SAFETY ALERT WILL BE RECEIVED; OR THAT USE OF THE SERVICE WILL PRODUCE A SHOWING, AN OFFER, A SALE, OR A COMMISSION.

15. Release#

To the fullest extent the law allows, you release and forever discharge Open House Owl and its owners, operators, affiliates, licensors, contractors, agents, and the Harbor Desk (the “Owl Parties”) from any and all claims, demands, losses, damages, costs, and causes of action, known or unknown, arising out of or related to:

• your use of, or inability to use, the Service, website, desks, check-in, routes, profiles, reports, or messages;
• any open house, visit, route, meeting, or property condition;
• any listing, photo, price, HOA, measurement, date, time, or outcome;
• any lead score, flag, comment, or follow-up queue;
• any email, text, or failed delivery;
• any safety alert, or the absence of one;
• any act or omission of a hosting agent, colleague, seller, visitor, brokerage, carrier, Stripe, Resend, Twilio, or other third party;
• any agency, fair-housing, TCPA, CAN-SPAM, or commission dispute between users;
• unauthorized access to an account, a shareable report link, or a colleague share, except to the extent caused by our gross negligence or willful misconduct where the law does not allow a release.

If you are a California resident, you waive California Civil Code section 1542, which says a general release does not extend to claims the releasing party does not know or suspect to exist at the time of contracting, and any similar law.

16. Limitation of liability#

TO THE FULLEST EXTENT THE LAW ALLOWS, THE OWL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, COMMISSIONS, DEALS, LEADS, DATA, GOODWILL, OR BUSINESS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT THE LAW ALLOWS, THE TOTAL LIABILITY OF THE OWL PARTIES FOR ANY CLAIM ARISING OUT OF THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THESE LIMITS ARE A FUNDAMENTAL PART OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITS. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE LAW ALLOWS. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

17. Indemnification#

You will defend, indemnify, and hold harmless the Owl Parties from any claim, loss, fine, penalty, and reasonable attorney’s fee arising out of:

• your listings, photos, outcomes, profile, or other content;
• your open house, your premises, or your relationship with a visitor, seller, or brokerage;
• your use or sharing of visitor information, including a seller report or colleague share;
• messages you send or that are sent for your desk, including TCPA, CAN-SPAM, and Florida telemarketing claims;
• your breach of these Terms, or your violation of any law or third-party right;
• a claim that an agency or fiduciary duty arose from a check-in or a page, to the extent you are the licensee involved.

We may control the defense of a claim against an Owl Party, and you will cooperate. You will not settle a claim that admits fault by an Owl Party or imposes a non-monetary obligation on us without our written consent.

18. Disputes, arbitration, and class waiver#

These Terms are governed by the laws of the State of Florida, excluding conflict-of-law rules. Subject to the arbitration agreement below, exclusive venue lies in the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction there.

Informal resolution. Before filing, you and we will try to resolve the dispute by writing to hello@openhouseowl.com with a description of the claim and the relief sought. If we have a dispute with you, we will send notice to the email on your account. If the dispute is not resolved within 30 days, either party may proceed as this section allows.

Arbitration. Except for (i) individual claims in small-claims court, (ii) requests for injunctive relief to stop misuse of the Service or intellectual property, and (iii) claims that the law says cannot be arbitrated, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The seat is Orange County, Florida. The Federal Arbitration Act governs this agreement. The arbitrator may award the same individual relief a court could award, and may not preside over a class, consolidated, or representative action.

Class waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND OPEN HOUSE OWL WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If the class waiver is found unenforceable as to a claim, that claim proceeds in court, and the rest stay in arbitration.

You may reject this arbitration agreement within 30 days of first accepting these Terms by emailing hello@openhouseowl.com with the subject “Arbitration opt-out” and your name and account email. Opting out does not affect the release, the liability cap, or any other section.

19. Changes#

We may update these Terms. The effective date at the top will change. If a change is material, we will post it on the site or on your desk, or email the address on your account. Continued use after the effective date is acceptance. If you do not agree, stop using the Service and, if you are an agent, cancel Owl Pro.

20. Other terms#

These Terms, together with the Privacy Policy and any order or plan terms shown at checkout, are the entire agreement on the Service and supersede earlier terms, including the version last updated September 29, 2026. If a court holds a provision unenforceable, the rest remains in effect and the provision is modified to the minimum extent needed to make it enforceable. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, financing, or sale of the Service. There are no third-party beneficiaries except the Owl Parties for the release, the liability cap, and indemnification. Headings are for convenience only. Notices to us go to hello@openhouseowl.com or through openhouseowl.com/help. Notices to you may go to the email on your account.

21. Contact#