These Terms of Service ("Terms") are a legal agreement between you and Wizley ("Wizley", "we", "us", or "our") governing your access to and use of our website, platform, and related services (collectively, the "Services"). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of the information you provide, for keeping your account credentials confidential, and for all activity under your account. Tell us promptly of any unauthorized use.
The Services
Wizley runs advertising for you in your area, from Wizley's own advertising accounts and its own offers. Your area is the shared advertising area Wizley places you in when you drop your pin: a circle with a radius of about 15 miles that your pin sits inside. The leads those ads bring in are exclusive: each lead goes to one agent only, and is never sold twice. Where more than one agent shares an area, the leads in it are shared out by each agent's share of the area's ad budget, and of the agents whose turn it is, the one whose pin is closest to a lead gets it. We host the offer pages a lead lands on, provide a local texting number registered to you under your own carrier registration, which we file and manage for you, and follow up with your leads by text and email for you, using the information you supply. You are responsible for the accuracy and lawfulness of that information.
Wizley is an advertiser and a software company. It is not a real estate brokerage, does not hold a real estate licence, and does not buy, sell, list, rent or negotiate property for anyone. You are the real estate professional: a lead who answers one of our ads is introduced to you and your brokerage by name before you contact them, and the advice and services that follow are yours. What you pay depends only on your plan and your ad budget. We do not charge per lead, per appointment or per closing.
Your responsibilities
- You will use the Services in compliance with all applicable laws and regulations, including those governing advertising, marketing, email, and telephone and text messaging.
- Automated texts to your leads are sent from a number registered to you under your own carrier registration, which Wizley files and manages for you, and Wizley handles opt-outs from them. You are responsible for what you say yourself: any text, email or call you send or make to a lead or customer of your own accord, and for honoring an opt-out a lead gives you directly.
- You will not use the Services to send unlawful, deceptive, harassing, or unsolicited communications, and you will comply with our Acceptable Use Policy.
- You are responsible for your own content and for your relationships with your leads and customers.
Fees and payment
Paid Services are billed on a subscription basis through our payment provider. You authorize us to charge your payment method on a recurring basis until you cancel. Fees are non-refundable except where required by law or expressly stated.
Sales tax. All prices are plus applicable sales tax. Where a state requires us to collect sales tax on what you buy, it is added on top of the price when you are charged and shown as its own line on your receipt. Your billing address decides which state's tax applies.
Your rates are locked. For as long as you stay subscribed, we do not change the rates you pay us: your monthly plan price, which includes texting, calls, Ryze and video calls, and the percentage Wizley adds to your ad budget. What an advertising platform charges for results may change; the percentage we add does not. A change to our prices applies only to agents who start a plan after it takes effect.
Prices. Wizley Pro is $500 a month and Wizley Partner is $200 a month, with a processing and usage fee of 10 percent of your ad budget. There is no setup fee. If our prices ever change, agents who are already paying keep the price they pay; only new agents pay the new one.
No setup fee. When you sign up we charge your first month of the plan and 30 days of your ad budget with the processing and usage fee on it, in one payment. We charge no setup fee, now or when you come back: we pay for your texting registration and your number. Your monthly billing period runs from the day you pay. Your plan is month to month, with no term. If you close your account, whatever is left in your ad credit is refunded (see Ad budget and ad credit).
Setup should take 5 days. Setup is meant to take 5 days from your payment. For each day it takes longer, until your texting and ads are live, one thirtieth of your monthly plan price is credited on your next plan bill.
If you do not finish setup. If you start setup and never pay, we keep your answers for at least 90 days so you can pick up where you left off.
If you close your account and come back. There is no setup fee when you return. We hold your texting number for 30 days after your plan ends and release it after that. Once it has been released, you get a new number and a new texting approval from the carriers, which usually takes one to two weeks, and your place in the area's advertising is set up again. Restarting from a pause has no such wait: you are running again the same day.
Ad budget and ad credit
You set a daily ad budget, of at least the minimum shown for your area when you sign up. Your budget joins the campaign we run for your area, and is your share of it. When you sign up we charge your payment method in advance for 30 days of that budget plus the processing and usage fee on it (10 percent of it), and add the budget to your ad credit. Your ad credit goes down every day by your share of what your area's campaign spends. When about 5 days of budget are left, we notify you and then charge another 30 days of budget plus the fee, unless you have paused automatic refills. If a refill is declined, we try again each day for three days while your remaining ad credit is spent, and then pause your share of your area's campaign until you refill; you keep your place in the area.
The fee covers card processing and the extra texting, AI and video-call usage a bigger ad budget brings. Your plan covers the whole tool: ads management, your texting and AI system, the software and everyday usage. The fee is the only charge on top of your plan price and your ad budget, and it is one line on your receipt, with card processing included. The fee on what your ads spend is kept. The fee on the unspent part of your ad credit comes back with it when you leave.
The ad credit is a prepaid credit for Wizley's advertising service. Wizley buys the advertising in its own name, from its own advertising accounts. The ad credit can be used only for that service. It cannot be transferred to anyone, it has no cash value, and it is not a deposit, a bank balance, or money held for you. It is not held in trust, in escrow, or in a segregated account: it is recorded as a credit on your account, and your right to it is a contractual right against Wizley, not ownership of particular funds. Ad credit that has been spent is final. Ad credit that has not been spent is refunded only to the payment method it came from, and only when your account closes or when your ads never went live. We do not pay it out to you or to anyone else any other way.
If your budget never went live in your area, whether because the advertising platform refused it or because of a failure on our side, we refund the whole budget and the fee charged on it.
Automatic renewal and cancelling
Your plan renews automatically each month at your plan price (the price shown when you signed up, unless we tell you of a change as described below), and your ad credit refills automatically as described above, until you cancel. We tell you the price, the renewal date and what refills before you pay, we email you a confirmation that repeats these terms and says how to cancel, and we email you before a renewal. You can cancel your plan online at any time from Billing in your account, with no call or email: choose Close my account, type the word cancel and press the button. Pausing for $20 a month is shown in the same window as another choice of equal weight. Closing your account stops the next renewal and the next refill, and your plan runs to the end of the month you have already paid for; a charge that has already been made is handled as described in these Terms. We email you at least 7 and no more than 30 days before any change to your plan price or your processing and usage fee takes effect for you. The price and processing and usage fee you pay are not changed while you stay subscribed.
Fair use
Texting, calls, Ryze (our AI assistant) and video calls are included in your monthly plan price, with fair use. We do not charge per text, per call, per reply or per video minute. Fair use means ordinary use by one agent. If your use is far beyond that of a typical agent, we will tell you and talk with you about it. We do not bill you per text, call, reply or video minute, and we do not stop use automatically.
Third-party services
The Services rely on third-party providers, including hosting, email, telephony, calendar, advertising, and payment platforms. Your use of those services through Wizley may also be subject to their terms. We are not responsible for the acts or omissions of third-party providers.
Intellectual property
Wizley and its licensors own all rights in the Services, including the software, design, and content we provide. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You retain ownership of the content and data you provide, and you grant us the rights necessary to operate the Services for you.
Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that they will produce any particular business result. Any figure we show you about leads, costs or results is an example, or the numbers from your own account; it is not a promise, a guarantee or an average of what other agents get. Wizley does not provide legal advice; the legal pages and compliance features are tools, and you remain responsible for your own compliance.
Limitation of liability
To the fullest extent permitted by law, Wizley will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability arising out of or relating to the Services will not exceed the amounts you paid us in the twelve months before the event giving rise to the claim.
Termination
Pausing your account. You can pause your account at any time from Billing. While it is paused you pay $20 a month in place of your plan fee, for as long as you want. A pause has no end date, and nothing closes or restarts on its own. The pause keeps your texting number and your texting approval, your contacts, your settings and the plan price you locked in, so you are running again the same day you restart. While your account is paused, your ads are off, nothing is drawn from your ad credit (which stays on your account), and nothing is texted or emailed to a lead from your account. That includes Ryze's messages and any text or email you type yourself. New leads and replies are still saved, and a lead who texts your number still reaches you. The pause price starts with your next invoice, not today, and the month you have already paid at your plan price is not refunded. You restart whenever you are ready: your plan comes back at the price you locked in, your ads and your ad budget do not start again on their own, and if you restart in a month in which the pause price has already been charged, the difference for the rest of that month is added to your next invoice. You can cancel at any time online, from Billing, including while your account is paused, as described under Automatic renewal and cancelling.
A pause that started before the paid pause existed keeps the terms it started under: your plan keeps billing, Ryze's texting stops except for replies you type yourself, and nothing closes, until you restart.
Wizley Partner plan (priced on Smart Agent Alliance membership). Where your price depends on your membership of Smart Agent Alliance, that price ends when the membership does. We will tell you, and as a protection for you, your account is automatically put on hold at $20 a month, and your place in your area is kept, until you choose to move to the Pro plan or cancel. The hold is the pause described above: you pay $20 a month in place of your plan fee, your ads stop, nothing is drawn from your ad credit (which stays on your account), and nothing is texted or emailed to a lead from your account. There is no free pause. We never move you to Pro, and never charge you more than you pay now, unless you choose it. You can restart at any time on the Pro plan, or close your account; if you close it and come back, there is no setup fee, as described under If you close your account and come back. Nothing closes or restarts on its own.
You may cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Services in a manner that creates risk or legal exposure. On termination, your right to use the Services ends; certain provisions survive, including those on fees owed, unpaid amounts, intellectual property, disclaimers, and limitation of liability.
If we stop providing the Services. If Wizley stops providing the Services altogether, we return your unspent ad budget, you keep your leads and your calendar, and you owe nothing further.
Governing law
These Terms are governed by the laws of the United States and of the State of California, where Wizley LLC is organized, without regard to conflict-of-laws rules. Any dispute will be resolved in the courts located there, unless otherwise required by applicable law.
Questions about these Terms can be sent to [email protected].
Changes
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, provide notice through the Services or by email. Continued use after changes take effect constitutes acceptance.
These Terms are one part of the Wizley Agreement.
Wizley is operated by Wizley LLC, a California limited liability company, at 100 Shoreline Hwy Ste B280, Mill Valley, CA 94941. Questions about this document can be sent to [email protected].