Legal

Terms of Service

Version 2026-10-02 · Effective 2026-10-02

These terms govern your use of TraxKey AI. Please read section 4 (what TraxKey does not do), section 8 (automated communications), and section 9 (AI features) with particular care, as they define the limits of the service and your responsibilities as an operator.

1. Agreement to these terms

These Terms of Service (the "Terms") form a binding agreement between Iter8.42 AI Labs, a business registered under an assumed name (DBA) in Texas, doing business as TraxKey AI ("TraxKey", "we", "us"), and the business entity that registers for an account ("Operator", "you").

You accept these Terms by checking the acceptance box during account registration, by subscribing to a paid plan, or by using the Service. If you accept on behalf of a company, you represent that you have authority to bind that company. If you do not have that authority, or do not agree, do not use the Service.

We record the version of these Terms you accepted, the date and time of acceptance, and the account that accepted them.

2. Definitions

Service — the TraxKey AI web application, its operator dashboard, its owner, vendor and tenant portals, its automated agents, and any related APIs or communications we send on your behalf.
End User — any person other than you whose information you place into the Service or who interacts with it through a portal or a message we send on your behalf. This includes tenants, residents, guests, property owners, vendors, contractors and your own staff.
Customer Data — all data you or your End Users submit to, or generate within, the Service, including property records, lease terms, maintenance requests, messages and contact details.
Agent Output — any classification, summary, recommendation, insight, draft message or automated action produced by the Service's artificial intelligence features.

3. The Service

TraxKey is software for operators who manage long-term rentals, short-term rentals, or both. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term, for your own internal business purposes.

The Service records and organises operational information, coordinates maintenance, tracks leases and renewals, communicates with your End Users on your instruction, and produces Agent Output to assist your decisions.

4. What TraxKey does not do

This section is material to your decision to use the Service. TraxKey is deliberately built to stay out of the following areas, and nothing in the Service should be understood to provide them.

4.1 No handling of funds

TraxKey does not collect rent, process tenant or guest payments, hold security deposits, maintain a ledger or balance, or perform trust or escrow accounting. The Service records rent and deposit amounts as reference data so it can track renewals and flag below-market terms. It never moves money. You remain solely responsible for rent collection, deposit handling, trust accounting and any associated licensing or compliance obligations, using whatever systems you already use.

The only payments TraxKey processes are your own subscription fees, described in section 6.

4.2 No professional advice

The Service is not a law firm, accounting firm, or licensed property management, real estate, insurance or financial advisory business. Nothing in the Service, including Agent Output, constitutes legal, tax, accounting, insurance or investment advice. Consult a qualified professional before acting on anything the Service produces.

4.3 No tenant screening or consumer reports

The Service is not a consumer reporting agency as defined by the U.S. Fair Credit Reporting Act, and Agent Output is not a consumer report. You must not use the Service, or any Agent Output, as a factor in deciding whether to rent to, approve, reject, or set terms for any applicant or tenant. See section 10.

5. Accounts, users and security

You must provide accurate registration information and keep it current. You are responsible for all activity under your account, including activity by your staff and by anyone you grant portal access.

The Service provides role-based access for your team. You are responsible for assigning appropriate roles, for revoking access promptly when a person leaves your business, and for the credentials you issue to owners, vendors and tenants. You must notify us promptly at support@traxkey.ai if you learn of any unauthorised access.

You must be at least 18 years old and use the Service only for lawful business purposes.

6. Plans, fees and billing

6.1 Trials and free tier

We may offer a free tier or a trial period. We may change or withdraw free offerings at any time. Data you create during a trial remains available if you subscribe; if you do not, it is subject to section 18.

6.2 Subscriptions

Paid plans are billed in advance on a recurring basis through our payment processor, Stripe. Subscriptions renew automatically at the then-current rate for the same interval until cancelled. You authorise us and Stripe to charge your payment method for each renewal.

6.3 Changes in price

We may change subscription pricing. We will give you at least 30 days' notice by email before a price change takes effect for your account. Continued use after the effective date constitutes acceptance of the new price.

6.4 Cancellation and refunds

You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period, and you retain access until then. Fees already paid are non-refundable except where required by law or where we expressly agree otherwise in writing.

6.5 Non-payment

If a payment fails, we may suspend the Service after reasonable notice. We may terminate an account that remains unpaid for 30 days.

6.6 Taxes

Fees exclude taxes. You are responsible for all applicable sales, use, VAT or similar taxes, other than taxes on our income.

7. Customer Data

You own your Customer Data. We claim no ownership in it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Data solely to provide, secure, support and improve the Service for you, and as otherwise permitted in our Privacy Policy.

As between the parties, and for the purposes of data protection law, you are the controller of Customer Data and we are the processor. Our processing is governed by our Privacy Policy and, where applicable, a Data Processing Addendum. You are responsible for having a lawful basis to collect the End User information you place in the Service, and for providing any notice or obtaining any consent that the law requires of you.

We may generate and use aggregated, de-identified statistics derived from use of the Service, provided such data does not identify you, your End Users, or any individual property.

8. Automated communications sent on your behalf

This section is important. The Service sends email and other messages to your End Users, including maintenance updates, vendor dispatch notices, invoice and payment reminders, lease renewal offers, and follow-up messages when a recipient does not reply.

These messages are sent on your instruction and in your name. They typically identify your business as the sender and identify TraxKey as the platform used to send them.

You represent and warrant that:

you have the legal right and any necessary consent to contact each End User whose contact details you place in the Service, at the address or number you provide;
you are the sender of record for those messages for the purposes of the CAN-SPAM Act, the Telephone Consumer Protection Act, and any equivalent law that applies to you;
you will honour opt-out, unsubscribe and do-not-contact requests you receive, and will promptly remove or suppress that contact in the Service; and
you will not use the Service to send marketing, solicitations, or bulk messages to recipients who have not consented to receive them.

You are responsible for the content and consequences of messages the Service sends on your behalf. We may suspend automated sending for an account that generates excessive complaints, bounces, or spam reports, in order to protect the deliverability of the platform for all customers.

9. AI features and their limitations

The Service uses artificial intelligence, including third-party large language models, to classify inbound replies, summarise requests, prioritise work, draft messages, and surface insights.

Agent Output is probabilistic and may be incomplete, outdated or wrong. It can misread a message, misjudge urgency, or produce a recommendation that does not fit your circumstances. It is provided to assist a human decision-maker, not to replace one.

You acknowledge and agree that:

you remain the decision-maker for every consequential action affecting a tenant, owner, vendor, property or contract;
you will review Agent Output before relying on it for any decision with legal, financial, health or safety consequences;
you will not present Agent Output to any third party as professional advice or as a verified fact; and
automated features such as dispatch, reminders and escalation operate on the configuration you set, including any cost approval threshold, and you are responsible for that configuration.

The Service logs the reasoning behind automated decisions so you can review them. That log is a record of what the Service did and why; it is not a warranty that the decision was correct.

We may change, add or remove AI features, or change the underlying model providers, at any time.

10. Fair housing and non-discrimination

You are solely responsible for complying with the U.S. Fair Housing Act, the Americans with Disabilities Act, state and local fair housing and landlord-tenant law, and any equivalent law that applies to you.

You must not use the Service or any Agent Output to make, inform, or justify any decision about the selection, screening, approval, rejection, pricing, or differential treatment of any applicant, tenant, resident or guest on the basis of race, colour, religion, sex, sexual orientation, gender identity, national origin, familial status, disability, source of income, or any other characteristic protected by applicable law.

Rent and renewal insights produced by the Service describe market and portfolio conditions. They must not be applied in a way that produces disparate treatment or disparate impact on a protected class. You are responsible for the terms you offer and the decisions you make.

11. Rent insights and pricing independence

Software that recommends rents has drawn significant antitrust scrutiny, including a United States Department of Justice action resolved in 2025 concerning algorithmic rent pricing. The central problem in those cases was pooling: one landlord's non-public, competitively sensitive lease data being fed into pricing recommendations generated for a competing landlord. TraxKey is built so that cannot happen, and this section states that as a binding commitment rather than a description we could quietly change.

11.1 Our commitments

No pooling across customers. Rent and renewal insights for your account are derived from your own portfolio's data. We do not use one Operator's non-public rent, lease or occupancy data as an input to any insight, benchmark or recommendation generated for another Operator.
Public sources only for external benchmarks. Where an insight compares your rents to anything outside your own portfolio, that comparison is drawn from publicly available sources, such as published government housing data or public market indices, and the Service identifies which source it used.
Observation, not automation. The Service does not set, change, or automatically apply a rent. Rent insights are presented to you for your independent decision, and you may disregard them entirely.
No coordination features. We do not offer, and will not offer, functionality whose purpose is to align or coordinate pricing between Operators who compete with one another.

11.2 Your obligations

You set your own rents independently. You must not use the Service, or anything it produces, to agree, coordinate, signal or align pricing, occupancy targets, or lease terms with any competing landlord or property manager, whether directly or through a third party. Nothing in the Service is an invitation or agreement to do so, and any such use is a material breach of these Terms.

12. Acceptable use

You must not, and must not permit anyone to:

use the Service in violation of any law, or to harass, defraud, threaten or unlawfully surveil any person;
upload malware, attempt to breach or probe the Service's security or authentication, or access another customer's data;
reverse engineer, decompile, scrape, or attempt to derive the source code or underlying models of the Service, except where that restriction is prohibited by law;
resell, sublicense, or provide the Service as a service bureau to third parties without our written agreement;
use the Service to build a competing product, or to benchmark it for publication, without our written consent;
submit information you have no right to submit, or place special categories of sensitive personal data (such as government identifiers, financial account numbers, or health records) into free-text fields; or
impose an unreasonable load on the Service, including through automated querying outside documented interfaces.

13. Third-party services

The Service depends on third-party providers, including cloud hosting, email delivery, AI model providers, payment processing, and any integration you choose to connect, such as a calendar feed or a pricing provider. These providers are identified in our Privacy Policy.

Your use of an integration you connect is also governed by that provider's own terms. We are not responsible for third-party services, their availability, or their acts and omissions, and we do not warrant any data they return.

14. Intellectual property

The Service, including its software, interfaces, prompts, workflows, models, documentation, and the TraxKey name and marks, is owned by us and our licensors and is protected by intellectual property law. Except for the limited right granted in section 3, no rights are granted to you.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation to you.

15. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free; that Agent Output will be accurate or suitable; that any message will be delivered, opened or answered; or that defects will be corrected. You are responsible for maintaining your own records and for verifying anything on which you place material reliance.

16. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts you actually paid us for the Service in the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

These limitations apply notwithstanding any failure of essential purpose of any limited remedy, and reflect an agreed allocation of risk that forms a basis of the pricing of the Service.

17. Indemnification

You will defend, indemnify and hold harmless TraxKey and its officers, employees and agents from any third-party claim, demand, loss, liability, fine or expense (including reasonable legal fees) arising out of or relating to: (a) your Customer Data or your right to submit it; (b) messages sent on your behalf through the Service, including any claim under anti-spam, telemarketing or privacy law; (c) any decision you make regarding a tenant, applicant, owner, vendor or property, including any fair housing or landlord-tenant claim; (d) your breach of these Terms; or (e) your violation of any law or the rights of any third party.

We will notify you of any such claim, give you control of the defence (provided any settlement that admits fault or imposes obligations on us requires our consent), and reasonably cooperate at your expense.

18. Term, suspension and termination

These Terms begin when you first accept them and continue while your account is active.

You may terminate at any time by cancelling your subscription and closing your account. We may suspend or terminate your access immediately if you materially breach these Terms, if your use creates a security, legal or deliverability risk, or if required by law, and otherwise on 30 days' notice.

Data after termination. You may export your Customer Data at any time while your account is active. After termination we will retain your Customer Data for 30 days, during which you may request an export, and will then delete it in the ordinary course, except for records we are required to keep by law, backups that expire on their normal cycle, and acceptance and billing records retained for legal and audit purposes.

Sections 4, 7, 8, 14, 15, 16, 17, 19 and 20 survive termination.

19. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email to your account address and by posting the updated version here with a new version identifier. Material changes take effect on the stated date. Where we consider it appropriate, or where the law requires it, we will ask you to accept the updated Terms in the application before you continue using the Service. Continued use after the effective date constitutes acceptance.

20. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas, and each waives any objection to venue there.

Before filing any claim, the parties will attempt in good faith to resolve the dispute informally by written notice to the other for at least 30 days.

[OPTIONAL — CONFIRM WITH COUNSEL: arbitration clause, class action waiver, and jury trial waiver would be inserted here. These materially affect your customers' rights and their enforceability varies by state, so they should be drafted deliberately rather than adopted by default.]

21. General

Entire agreement. These Terms, together with the Privacy Policy and any order or addendum referencing them, are the entire agreement between the parties and supersede all prior discussions.

Assignment. You may not assign these Terms without our written consent, except to a successor of your business by merger or sale of substantially all assets. We may assign to an affiliate or successor.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of upstream providers, network failures, natural disasters, and acts of government.

Severability and waiver. If a provision is held unenforceable, it will be limited to the minimum extent necessary and the remainder stays in force. A failure to enforce a provision is not a waiver of it.

Independent contractors. The parties are independent contractors. Nothing creates a partnership, agency, joint venture or employment relationship.

Notices. We may give notice by email to your account address or by posting in the Service. You may give notice to support@traxkey.ai.

22. Contact

Iter8.42 AI Labs, doing business as TraxKey AI
Texas, United States
support@traxkey.ai