Version Date: Jan 31, 2025

1. Introduction

Our goal at Anewgo is to transform how buyers shop for new construction homes by providing builders with cutting-edge software that ushers buyers down the entire sale funnel from discovery to purchase.

These Anewgo Website Service Terms (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Anewgo, Inc., concerning your access to and use of the software applications, and other products provided through Anewgo (our “Services”). Please note that these terms do not include any specific terms of service specific to you and your entity. 

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services that requires a login, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

Anewgo Services

Anewgo Services includes but is not limited to Anewgo Marketing App, Anewgo Sales Center App, Anewgo Configurators, Anewgo Home Designer, Anewgo Insights, and Anewgo Marketplace Listings.

2. Your Account

When using our Services, you agree to provide complete and accurate contact information and to keep that information accurate and up to date to the best of your knowledge and ability. Our team may email you periodically regarding updates such as updates to the Terms of Service, Privacy Policy, changes to your account, or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

You are solely responsible and liable for all activity under your account. You are solely responsible for maintaining the security of your account, including keeping your password secure. Anewgo shall not be liable or responsible for any damages incurred as a result of inaccurate information, security breaches, or acts of omission.

Access credentials are not to be shared or abused. If you suspect unauthorized access to your account or believe your account has been compromised, notify us immediately. If we believe your account has been compromised or there is a breach of security we may suspend or disable access to your account.

Account Setup

In order to access Anewgo Services, Anewgo must set your team up with an initial license. The initial user shall be assigned as the Account Owner. The Account Owner is the person or entity whose contact information is listed as the owner of the User Account. You may invite others to your User Account and assign them specific roles and permissions. Any user that is not Account Owner shall be known as a “Contributor”.

A Contributor may make changes to your User Account based on the permissions and roles assigned to them. These changes will be treated as if made on behalf of the Account Owner. It is your responsibility to correctly assign roles and permissions to Contributors. By accessing Anewgo Services as a Contributor, you acknowledge that the account owner has granted you access. As a Contributor, you also acknowledge that the Account Owner has full access to any information you store on the User Account and can remove your access at any time.

Account Ownership

In the event of a dispute regarding User Account ownership, we reserve the right to determine ownership based on our reasonable judgment, with or without an independent investigation. If we are unable to make this determination at our sole discretion, we may choose not to do so and/or suspend the User Account until the disputing parties resolve the issue, without any liability on our part. We may request documentation (e.g., government-issued ID, business license) to assist in determining ownership.

3. Responsibilities

• Our Services are not directed to children. You are not allowed to access or use our Services if you are under the age of 13. By using our Services, you represent that you are at least 13 years old and possess the legal authority, right, and freedom to enter into Anewgo’s Terms of Service and form a binding agreement for yourself or on behalf of the person or entity you represent.

• We are not responsible for the accuracy or completeness of any information or content that you make available to the public through our Services. You are solely responsible for representations of your organization or products through all content, text, photos, videos, and other materials that you manage using our Services.

• By using the Services you confirm you own all rights in and to any content uploaded, developed, or provided by you, or imported, connected, including but limited to content, images, animations, videos, audio files, fonts, or logos.

• By using our Services you understand and agree that Anewgo does not have control over or endorse any third-party websites that you choose to link to or from our Services. We, therefore, make no claim that any content or representations on any third-party website are accurate or complete.

4. Service Fees

Anewgo Services are offered for a fee. By using our Services you agree to pay the specified fee. The type of fee may differ based on the Services that are in use. Types of fees include one-time, recurring, usage-based, or advertising campaign budgets that you set. 

Recurring Fees 

All Anewgo Services and recurring fees can be viewed in the Anewgo Console. When using Anewgo Services that utilize recurring fees your subscription begins on the date that all setup is complete and that your Services are ready to be used by your organization (“Go-Live”). You shall be billed on an automatic recurring basis (monthly, quarterly, or annual based on your subscription) until you cancel your subscription. You may cancel by providing 30 days’ notice to the relevant support team or your Account Manager. By using Services that utilize recurring fees you authorize Anewgo to automatically charge all applicable fees until the subscription is canceled. Current rates, renewal dates, and renewal rates can be viewed in the Anewgo Console.

Usage-Based Fees

Some of our Services have usage-based fees. Usage-based fees may leverage Usage Tiers. For example, a tier level may cover 1-50 pieces of interactive content, while the next tier covers 51-100 pieces. Upon placing an order requiring a higher Usage Tier you will be notified that your subscription rates will increase. Other usage-based fees will be on a per-action basis. For example, you may be charged for each Docusign document created using our Services. This will billed monthly.

Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

Payments

By using Anewgo services you agree to provide accurate and up-to-date payment information. By providing us with payment information you authorize us to store this information in our records. If your payment fails, we suspect fraud, we may immediately revoke your access to your User Account without providing you with notice. If payment fails multiple times, we reserve the right to also cancel your services. In the event that your services are canceled, you may also lose all content and data that is stored solely on Anewgo Services.

Refunds

Anewgo shall issue refunds if we do not deliver the ordered product. Anewgo is not obligated to issue refunds beyond this. Other refunds may be issued upon review at Anewgo’s discretion.

5. Copyright Policy

Anewgo adheres to its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe your work has been copied or used in a way that infringes on your copyright, please notify us by emailing legal@anewgo.com.

6. Intellectual Property

All graphical content materials such as renderings or media produced or purchased at the your expense by Anewgo, shall be the property of both Anewgo and you. All software or custom software developed by Anewgo shall be the property of Anewgo unless explicitly agreed upon and documented.

  

You retain full ownership rights to all content you upload to Anewgo Services that was not created by Anewgo. However, to provide and improve our services, Anewgo may access, upload, and copy your content as necessary. By using Anewgo Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your content for these purposes.

Anewgo shall not claim ownership of any data that is ingested, imported, or otherwise transferred from any third-party software sources to Anewgo Services. This includes but is not limited to yout internal software, ERP systems, and CRM systems. All rights, titles, and interests in and to such data shall remain exclusively with the original owner or licensee of the data. 

Anewgo retains all rights to its services and intellectual property, including any materials subject to copyright or other legal protections. Your use of Anewgo Services is under a limited, non-exclusive, non-transferable license, which does not transfer any rights or ownership of Anewgo’s intellectual property to you. Certain fonts and elements available within Anewgo services are licensed from third parties and subject to additional terms.

7. Reserve Now Service

Anewgo leverages Stripe and DocuSign to facilitate buyer payments and execution of legal documents. Payments are processed in accordance with Stripe’s Usage Terms and eSignatures are handled in accordance with DocuSign’s Usage Terms. Anewgo makes no representations or warranties regarding Builder services or products. Anewgo is not responsible or liable for any content, advertising, products or other materials on or available from any Builder or Third Party Services. Anewgo will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any Third Party Services. While Anewgo leverages Stripe to facilitate transactions between home shoppers and home builders, they do not hold or directly handle monies nor are they responsible for refunds. Refunds are to be handled first hand and directly by Builders.

8. Changes

We may update the Terms periodically to reflect changes in our Services, such as adding or retiring features, or for legal, regulatory, or security purposes. When we make such changes, we will notify you by posting the revised Terms and updating the “Last Updated” date, or, if we determine the changes are significant, through our Services or other communications. These changes will take effect going forward, and, unless stated otherwise, will be effective immediately. By continuing to use our Services after notification, you agree to the updated Terms. If you disagree with the changes, you can stop using our Services and cancel any subscriptions.

9. Termination

Anewgo reserves the right to terminate your access to the Services at any time, with or without cause or notice if we believe, in our sole discretion, that you have violated this Agreement.  You may cancel by providing 30 days’ notice to the relevant support team or your Account Manager.

10. Disclaimer

Our Services are provided on an ‘as is’ basis. Anewgo, along with its suppliers and licensors, disclaims all warranties, express or implied, to the fullest extent permitted by applicable law, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Anewgo nor its suppliers and licensors guarantee that the Services will be error-free or that access will be uninterrupted. You acknowledge that any content or services obtained through our Services are downloaded or accessed at your own discretion and risk. In particular, Anewgo is not responsible for ADA compliance unless that service is purchased from Anewgo nor is Anewgo responsible for your adherence to the Fair Housing Act. It is your sole responsibility to ensure that content you choose to display using Anewgo Services in adherence to all applicable laws and regulations.

11. Limitation of Liability

To the maximum extent allowed by law, Anewgo, including its affiliates and agents, is not liable for any damages, including direct, indirect, incidental, special, or consequential damages, resulting from (1) content errors or inaccuracies; (2) personal injury or property damage from using Anewgo Services; (3) unauthorized access to our servers or personal information; (4) service interruptions; (5) content usage; (6) events beyond Anewgo’s control, such as internet or equipment failures, natural disasters, or third-party actions; or (7) loss of use, data, or profits. This limitation applies unless prohibited by law.

12. Indemnity

You agree to defend, indemnify, and hold harmless Anewgo and its affiliates, including officers, directors, shareholders, employees, and agents, from any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from: (1) your breach of these Terms of Use or any other Anewgo terms; (2) infringement of third-party rights, including copyright, property, or privacy, related to your User Platform or User Content and/or use of Anewgo Services; and (3) any claims that your User Platform or User Content caused harm to a third party.