Terms of Service

Last updated October 6, 2026

These terms are a starting template. The Berchtold Group reviews them periodically; the version in force is the one published at this URL on the date you accepted it. Material changes are announced in-app and by email.

1. Acceptance

By creating an account on the Berchtold platform (the “Service”), you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not create an account.

2. The Service

The Service is an all-in-one CRM for real estate teams and brokerages. It includes brand rules and content checks; a CRM for contacts, accounts, deals, and transactions; email campaigns and sign-up forms; automations; AI assistants and agents; website chat and website tracking; and connections to third-party platforms (for example, Google, Stripe, Buffer, Meta, and WordPress). Features may be added, modified, or removed at our discretion.

3. Accounts and Eligibility

You must be 18 or older to use the Service. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized access. Organizations may have multiple members; the org owner is responsible for managing access within their organization.

4. Plans, Seats, Billing, and Refunds

Plans. The Service is sold per seat on the Team and Brokerage plans, and on custom terms on the Enterprise plan. Current prices, seat minimums, and plan limits are published at berchtold.ai/pricing and on your organization's billing page. The Team plan includes one workspace. The Brokerage plan includes any number of workspaces. Enterprise prices and terms are set in a separate order form or agreement, which controls if it conflicts with these Terms.

No free trial. The Service has no free trial. A new organization can set up one workspace and view its data. To add members, connections, or more workspaces, or to use the AI features, you must select a paid plan and provide a payment method.

Seats. A seat is each person who is a member of any workspace in your organization, counted once. Our staff who access your workspace to support you do not use a seat. Outside transaction coordinators and other guests who are not workspace members do not use a seat. Each plan has a seat minimum, and you are billed for the greater of your seats or the plan minimum. When members are added or removed, your subscription's seat count changes, and the difference is prorated on your next invoice.

Billing periods and renewal. You may pay monthly or annually. An annual subscription costs ten times the monthly price per seat. Subscriptions renew automatically at the end of each billing period until canceled. Changes to your plan, billing period, or seat count are prorated automatically by Stripe.

AI usage. Use of the AI features is included in your plan, subject to the usage limits we publish and the rate limits that protect the Service.

Price changes. We may change prices with at least 30 days' notice by email and in-app. A new price applies from your next billing period after the notice period ends.

Cancellation and refunds. You may cancel at any time from the organization billing page; access continues through the end of the current paid period. Fees already charged are non-refundable except where required by law.

Failed payments. If a payment fails, you keep access while Stripe retries the payment. If the payment still fails, the subscription is canceled, and the limits for an organization without a plan apply until you select a plan again. Your data is not deleted because of a failed payment.

Taxes. Pricing is shown and billed in USD. Taxes (sales tax, VAT, GST) are applied automatically based on the billing address you provide and our registered tax jurisdictions.

5. Acceptable Use

You agree not to:

Use the Service to violate any law or regulation.
Upload or generate content that is unlawful, infringing, defamatory, harassing, or that contains malware.
Attempt to access another organization's data or interfere with the Service's operation.
Reverse-engineer, decompile, or attempt to extract source code from the Service.
Use the Service to send unsolicited bulk communications (“spam”), or email a person without the permission the law requires. You are responsible for the consent of the people on your lists and for honoring unsubscribe requests.
Exceed published rate limits or attempt to circumvent them.

6. Customer Content and Intellectual Property

You retain ownership of the content you upload or generate through the Service (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, process, and display Customer Content solely to operate the Service for you and your organization.

We retain all rights, title, and interest in and to the Service itself, including all software, designs, and documentation. No rights are granted to you except those expressly stated in these Terms.

7. AI Outputs

Portions of the Service use large language models and other AI systems to generate or validate content. AI outputs are provided as-is — you are responsible for reviewing them before publication. We make no warranty that AI outputs will be accurate, original, or fit for a particular purpose. You should not rely on AI outputs for legal, medical, financial, or other professional advice.

8. Privacy and Data Processing

Our handling of personal data is described in the Privacy Policy. If you process personal data of EU/UK/Swiss residents through the Service, our Data Processing Addendum applies. A counter-signed copy is available from [email protected].

9. Suspension and Termination

We may suspend or terminate your access if you breach these Terms, if your payment method fails repeatedly, or if your use of the Service materially threatens its operation or other users. You may terminate at any time by deleting your organization from the billing page, which cancels your subscription immediately and erases the organization's data.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.

12. Indemnification

You will defend, indemnify, and hold us harmless from any claim, loss, or expense arising out of your Customer Content or your violation of these Terms.

13. Changes

We may update these Terms from time to time. Material changes will be announced via email and in-app at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. The version-stamped record of your original acceptance remains in our audit log.

14. Governing Law

These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in St. Louis County, Missouri, and you consent to the personal jurisdiction of those courts.

15. Contact

Questions about these Terms? [email protected]