Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Bellamy House LLC (“TOMM,” “we,” “us,” or “our”), the operator of Top of Mind Mail. By creating an account or using the service at topofmindmail.com, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

1. The service

TOMM is a subscription service for real estate professionals. We host a public web page for you (your “Site,” also called a “Portal”) at a subdomain such as yourname.topofmindmail.com, showing your name, brokerage, contact details, photos, the listings you add, and the stories you choose from the TOMM library. On request, and within your plan’s monthly allotment, our team writes custom pieces for you. You can build an email newsletter from your Site at any time; you review and edit it, and you send it to your own contacts using your own email or CRM tools. TOMM does not send email to your contact list on your behalf.

2. Eligibility and your account

You must be at least 18 years old and able to form a binding contract to use TOMM. You are responsible for keeping your login credentials secure and for all activity under your account. Provide accurate information and keep it current. Notify us promptly at hello@topofmindmail.com if you suspect unauthorized use of your account.

3. Subscriptions, trials, and billing

• TOMM is offered on a subscription basis. Current pricing is shown on our pricing page.
• New subscriptions may include a free trial. A valid payment method is collected at sign-up, and unless you cancel before the trial ends, your subscription will begin and your payment method will be charged automatically.
• Subscriptions renew automatically for successive billing periods until canceled. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• Payments are processed by Stripe. Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial periods.
• Plans include a monthly allotment of custom content requests (“credits”). Credits have no cash value, are not refundable, and can only be used within the service. Unused credits expire at the end of each billing month and do not carry over.
• We may change our prices. We will give you advance notice of price changes that affect your renewal, and continued use after the change takes effect constitutes acceptance.

4. Your content

“Your Content” means the listings, photos, logos, contact details, writing samples, notes and requests, branding, and any other material you submit to TOMM. You retain all ownership of Your Content. You grant us a non-exclusive, worldwide license to host, process, reproduce, adapt, and display Your Content for the purpose of operating and providing the service, including writing custom pieces and introductions from it, showing it on your Site, and including it in the newsletters you build.

You represent and warrant that:

• you own or have the necessary rights to Your Content, including any listing information, images, and third-party material you submit, and for any listing you add you have the right to advertise it under your MLS and brokerage rules;
• Your Content and your use of your Site and newsletters comply with all applicable laws and real estate advertising rules, including fair housing laws, your brokerage’s policies, and any required licensing or disclosure obligations;
• Your Content does not infringe the rights of, or defame, any third party.

5. AI-generated content and your responsibility

TOMM uses artificial intelligence to help write content. Library stories and custom pieces are reviewed by our editorial team before they are published. Some features, such as writing an introduction for your newsletter or reading the details from a listing link you paste, produce text on demand without human review. AI-assisted content can contain errors, inaccuracies, or omissions. You are responsible for reviewing content before you publish it to your Site or send it. You are solely responsible for the accuracy and compliance of the content you ultimately distribute, including any market data, statistics, listing details, and local information. TOMM is a content tool and does not provide legal, financial, or real estate advice.

6. Your Portal and lead capture

When you publish your Site, its contents become publicly accessible: your name, brokerage, contact details, photos, listings, featured stories, any newsletter you choose to show, and a lead capture form. If you turn on “Keep my front page fresh,” we may place newly published library stories on your Site automatically, retiring your oldest featured story. You can turn that off, remove a story, or unpublish your Site at any time from your dashboard. Lead submissions are delivered to you, and you are the controller of that lead data and responsible for handling it in compliance with applicable law, including obtaining any consent required to contact those individuals.

7. Acceptable use

You agree not to:

• use TOMM for unlawful, deceptive, or fraudulent purposes, or to send spam or content that violates anti-spam laws such as CAN-SPAM;
• upload content that is illegal, infringing, discriminatory in violation of fair housing laws, harassing, or harmful;
• attempt to disrupt, reverse-engineer, scrape, or gain unauthorized access to the service or its systems;
• impersonate another person or misrepresent your affiliation;
• resell or provide the service to third parties except as expressly permitted.

We may suspend or freeze a Portal or account that we reasonably believe violates these Terms.

8. Intellectual property

The TOMM service, including our software, templates, design, and brand, is owned by Bellamy House LLC and protected by intellectual property laws. These Terms do not grant you any rights in our brand or software except the limited right to use the service. Stories in the TOMM library are written by TOMM and remain our property; while your subscription is active, you have a non-exclusive license to show them on your Site and include them in newsletters you send. As between you and TOMM, custom pieces written from your requests and the newsletters you build are yours, subject to the rights of any third-party material they contain.

9. Third-party services

TOMM relies on third-party providers (including Supabase, Stripe, Resend, Anthropic, Google, Cloudflare, Vercel, Sentry, and Pushover) and may link to or integrate with third-party tools. We are not responsible for the practices of those third parties, and your use of them may be subject to their own terms.

10. Disclaimers

The service is provided “as is” and “as available,” without warranties of any kind, whether 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 that AI-generated content will be accurate or complete.

11. Limitation of liability

To the maximum extent permitted by law, TOMM and Bellamy House LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business, arising out of or relating to your use of the service. Our total liability for any claim relating to the service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless TOMM and Bellamy House LLC from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the service, your distribution of newsletters, or your violation of these Terms or applicable law.

13. Termination

You may stop using the service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the service. Upon termination, your right to use the service ends; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will continue to apply.

14. Changes to these Terms

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 additional notice. Your continued use of the service after an update means you accept the revised Terms.

15. Governing law

These Terms are governed by the laws of the State of New Hampshire, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in New Hampshire for any dispute that is not subject to arbitration or small-claims resolution, to the extent permitted by law.

16. Contact us

Bellamy House LLC
hello@topofmindmail.com