Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Pecos Brands LLC ("Xpressforms", "we", "us"), the operator of Xpressforms.ai (the "Service"). By creating an account, accessing the Service, or executing any document through it, you confirm that you have read, understood, and agree to be bound by these Terms.

If you are entering into these Terms on behalf of a brokerage, team, or other entity, you represent that you have authority to bind that entity, and "you" refers to both you individually and that entity.

The Service is offered exclusively to individuals who hold an active license issued by the Texas Real Estate Commission ("TREC") and, where required by the form library being accessed, an active membership in Texas REALTORS® ("TAR") or the relevant local REALTOR® association.

You represent and warrant on each use of the Service that:

• You hold a current, active, and unrestricted TREC license (Sales Agent or Broker) in good standing;
• You are sponsored by a Texas-licensed broker, or you are the sponsoring broker;
• You hold any additional association membership required for the specific form library or form you access (see Compliance);
• You will use each form strictly within the scope of authority granted by TREC, TAR, your sponsoring broker, and the promulgating association.

We may require proof of license status (license number, MLS ID, and association membership ID) and may verify your status against publicly available regulator and association directories at any time. Accounts that fail verification will be suspended.

The Service provides access to fillable digital versions of:

• TREC-promulgated forms — public documents promulgated by the Texas Real Estate Commission. Use is restricted to Texas-licensed agents and brokers within the scope of §1101.155 of the Texas Occupations Code and TREC rules.
• TAR and local association forms — copyrighted works of Texas REALTORS® and/or local REALTOR® associations. Use is restricted to current members in good standing of the association that holds the copyright. If your membership lapses or is terminated, your right to use those forms terminates immediately, and we will revoke access.
• Commercial (TAR commercial) forms — restricted to members authorized by TAR to use the commercial series.

Nothing in the Service grants you a license to reproduce, redistribute, resell, or create derivative works of any TAR or association form outside of the ordinary course of a transaction you are licensed to represent.

Xpressforms is a software platform. We do not provide legal advice and we are not your attorney. Filling, signing, or sending a form through the Service does not establish an attorney-client relationship. You are solely responsible for the legal sufficiency of any document you produce, and for advising your client to seek independent legal counsel where appropriate. Use of any non-promulgated language must comply with TREC §537.11 and applicable law.

You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us promptly at security@xpressforms.ai of any unauthorized access. You agree to maintain transaction records in accordance with your broker's record retention policy and TREC rules (currently four years from the closing date or last contact).

Documents executed through the Service rely on electronic signatures governed by the federal E-SIGN Act (15 U.S.C. §§7001 et seq.) and the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ch. 322). By signing electronically, you and your counterparties consent to conduct business electronically and acknowledge that an electronic signature has the same legal effect as a handwritten signature.

Subscription fees, billing cadence, and plan inclusions are described at checkout. We may suspend or terminate your account immediately, without refund, if (a) your TREC license lapses, is suspended, or is revoked; (b) your required association membership lapses; (c) you breach these Terms; or (d) we are required to do so by law or by a promulgating association. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, our aggregate liability for any claim arising out of or related to the Service is limited to the fees you paid us in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost commissions or deal-related losses.

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue for any dispute lies in the state or federal courts located in Travis County, Texas, and the parties consent to personal jurisdiction there.

We may update these Terms from time to time. Material changes will be announced via the Service or by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.