Terms of Service

1. Acceptance of Terms

By accessing or using Joyst ("Platform", "Services", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

Modification: We reserve the right to modify these Terms at any time. Material changes will be notified via email 30 days in advance. Continued use of the Platform after changes indicates acceptance.

2. Eligibility

You must meet the following requirements to use Joyst:

• Age: At least 18 years old
• Legal Capacity: Able to enter into legally binding contracts
• Compliance: Not prohibited from using the Services under applicable laws
• Account Limit: One account per person (no duplicate accounts)

Verification: We may require identity verification (government ID) for certain transactions.

3. Account Registration & Security

To use certain features, you must create an account:

• Accurate Information: Provide truthful, current information
• Password Security: Keep your password confidential
• Account Responsibility: You are responsible for all activity under your account
• Unauthorized Use: Notify us immediately if you suspect unauthorized access

Suspension/Termination: We may suspend or terminate accounts that violate these Terms.

4. Description of Services

Joyst is a For-Sale-By-Owner (FSBO) real estate platform that provides:

• Property Listings: Tools for sellers to list properties
• Property Search: Browse and search listings
• Offer Management: Submit, accept, reject, or counter offers
• AI Concierge ("Joystbot"): Automated guidance for buyers and sellers
• Document Management: Upload and share property documents
• Communication Tools: Messaging between buyers and sellers
• Payment Processing: Facilitate earnest money deposits (via Stripe)

Not Provided: Joyst does NOT provide legal, financial, or real estate brokerage services. We are a technology platform connecting buyers and sellers.

5. Fees and Payment

5.1 Seller Fees (California)

Sellers pay ONE of the following fees (chosen at listing time):

• Flat Fee: $2,500 (paid at closing)
• Percentage Fee: 1% of sale price (paid at closing)

Due: Fees are due upon successful closing (escrow completion).

5.2 Buyer Fees

FREE: Buyers do not pay Joyst platform fees.

5.3 Additional Fees

• Premium Services: Professional photography, virtual staging (optional, additional cost)
• Payment Processing: Stripe fees may apply to transactions (2.9% + $0.30)

5.4 Refunds

No Refunds: Platform fees are non-refundable if closing is successful. If transaction fails, fees may be refunded at Joyst's discretion.

6. Real Estate Transactions (California-Specific)

6.1 Joyst is NOT a Real Estate Brokerage

Joyst is a technology platform, NOT a licensed real estate brokerage. We do not:

• Represent buyers or sellers as agents
• Provide legal, tax, or financial advice
• Handle escrow or title services directly
• Guarantee transaction outcomes

6.2 California Disclosures

Required Disclosures: Sellers in California must provide:

• Transfer Disclosure Statement (TDS): Property condition disclosures
• Natural Hazard Disclosure (NHD): Earthquake, flood, fire zones
• Lead-Based Paint Disclosure: For homes built before 1978
• HOA Documents: CC&Rs, bylaws, financial statements (if applicable)

Platform Responsibility: Joyst provides templates and reminders but does NOT verify accuracy. Sellers are solely responsible for compliance.

6.3 Escrow & Closing

Users must arrange escrow through a licensed escrow company or title company (California Business & Professions Code Section 17000 et seq.). Joyst may facilitate introductions but does not handle escrow directly.

6.4 Professional Advice Recommended

IMPORTANT: We strongly recommend consulting with:

• Licensed real estate attorney
• Tax advisor (capital gains, 1031 exchanges)
• Home inspector
• Title company

7. Prohibited Conduct

You may NOT:

• Fraud: Misrepresent property information, identity, or financial status
• Discrimination: Violate Fair Housing Act (refuse based on race, religion, etc.)
• Harassment: Harass, threaten, or abuse other users
• Spam: Send unsolicited messages or advertisements
• Scraping: Use bots, scrapers, or automated tools without permission
• Illegal Activity: Money laundering, tax evasion, or other crimes
• Terms Evasion: Bypass fees by transacting off-platform
• Multiple Accounts: Create duplicate accounts to evade bans

Enforcement: Violations may result in account suspension, legal action, or reporting to authorities.

8. User Content

8.1 Ownership

You retain ownership of content you upload (photos, descriptions, documents). By posting, you grant Joyst a license to:

• Display listings on our platform
• Market the platform (showcase listings in ads)
• Improve our services (train AI models, analytics)

8.2 Content Standards

You represent that your content:

• Is accurate and not misleading
• Does not infringe copyrights, trademarks, or other IP
• Does not contain malware or viruses
• Complies with Fair Housing laws

8.3 Monitoring & Removal

We reserve the right (but have no obligation) to monitor, remove, or disable content that violates these Terms or applicable laws.

9. Disclaimers & Warranties

To the fullest extent permitted by law, Joyst disclaims all warranties, express or implied, including:

• Accuracy: We do not guarantee property information is accurate or complete
• Availability: The platform may experience downtime or interruptions
• Transaction Success: We do not guarantee offers will be accepted or deals will close
• AI Accuracy: Joystbot provides general information only, not professional advice
• User Conduct: We are not responsible for actions of buyers, sellers, or third parties

10. Limitation of Liability

Joyst shall not be liable for:

• Indirect Damages: Lost profits, lost sales, business interruption
• Property Issues: Defects, title problems, undisclosed conditions
• Transaction Failures: Financing falls through, buyer/seller defaults
• Third-Party Actions: Escrow company errors, inspector mistakes
• Data Loss: Lost documents, corrupted uploads

California Residents: Some limitations may not apply per California Civil Code Section 1542.

11. Indemnification

You agree to indemnify and hold harmless Joyst, its officers, directors, employees, and agents from any claims, damages, or expenses (including attorney fees) arising from:

• Your use of the Services
• Your content (property listings, photos, documents)
• Violation of these Terms
• Violation of laws (Fair Housing Act, disclosure requirements)
• Disputes with other users

12. Termination

12.1 By You

You may delete your account at any time via Settings → Privacy → Delete Account.

12.2 By Joyst

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraud or illegal activity
• Abuse the platform or other users
• Fail to pay fees owed

12.3 Effect of Termination

Upon termination:

• Your listings will be removed
• Access to the platform ends immediately
• Outstanding fees remain due
• Data will be deleted per our Privacy Policy (30-day grace period)

13. Intellectual Property

Joyst owns all rights to the platform, including:

• Trademarks: "Joyst", "Joystbot", logos
• Software: Source code, algorithms, AI models
• Design: UI/UX, visual design

Restrictions: You may NOT copy, modify, reverse engineer, or create derivative works without written permission.

DMCA Notice

If you believe content on Joyst infringes your copyright, email legal@joyst.ai with:

• Identification of copyrighted work
• Location of infringing content (URL)
• Your contact information
• Good faith statement
• Electronic signature

14. Arbitration & Dispute Resolution

14.1 Mandatory Arbitration

Any dispute arising from these Terms or your use of Joyst shall be resolved by binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules.

14.2 Class Action Waiver

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS. All disputes must be brought individually, not as a class, consolidated, or representative action.

14.3 Exceptions

You may bring claims in small claims court (up to $10,000) instead of arbitration.

14.4 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

14.5 Opt-Out (30 Days)

You may opt out of arbitration by emailing legal@joyst.ai within 30 days of account creation.

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Joyst.

15.2 Severability

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

15.3 No Waiver

Our failure to enforce a provision does not waive our right to enforce it later.

15.4 Assignment

You may not assign these Terms without our consent. We may assign them to affiliates or acquirers.

15.5 Force Majeure

Joyst is not liable for delays caused by events beyond our control (natural disasters, pandemics, government actions).

15.6 Contact

For questions about these Terms, contact: