Marketing Services Terms

Pro Forma Services, LLC

Last Updated: June 21, 2026

These Marketing Services Terms supplement the Client Services Agreement at /legal/client-services-agreement. Capitalized terms not defined here have the meanings given in the Client Services Agreement. In the event of conflict, the order of precedence in the Client Services Agreement applies.

These Marketing Services Terms are Service-Specific Terms for Pro Forma's managed marketing service (the "Marketing Services") and apply when Client orders the Marketing Services under an Order Form that references them.

1. Marketing Services

1.1 The Marketing Services are a managed social media marketing service for Client's properties. Pro Forma ingests the media and property data that Client provides or that Pro Forma accesses from Client's connected property management system, uses artificial intelligence to produce social media content from it, publishes that content to Client's Connected Accounts—through organic posts and, where engaged, paid promotion—on a default-approval basis as described in Section 3, and provides performance reporting. As part of the Services, Pro Forma may also host inquiry forms that capture prospect and lead data, route that data to Client's property management system, and retain it in Pro Forma's systems.

1.2 Pro Forma will provide the Marketing Services using commercially reasonable efforts, as further provided in the Client Services Agreement.

1.3 Advertising Spend. Where the Marketing Services include paid advertising, Pro Forma places paid advertising only as authorized by Client and within any budget or parameters set in the applicable Order Form. Responsibility for advertising spend, and how it is funded, are addressed in the Order Form. Pro Forma is not responsible for amounts charged by, or for the performance, delivery, or availability of, any third-party advertising platform.

2. Connected Accounts; Authorization

2.1 Connected Accounts

"Connected Accounts" means the social media accounts Client authorizes Pro Forma to access and publish to in connection with the Marketing Services. Connected Accounts may be configured as one account per property or aggregated across properties, as identified in the applicable Order Form.

2.2 Authorization to Access and Publish

Client authorizes Pro Forma to access the Connected Accounts and Client's property management system to ingest Client Content and to produce and publish content on Client's behalf. This authorization is part of, and subject to, Client's representations of authority and rights in the Client Services Agreement.

3. Default Approval; Advertiser of Record

3.1 Default Approval. Pro Forma publishes content to the Connected Accounts on an autonomous basis. Pro Forma will make content available for Client's review before publishing where practicable, but content is deemed approved by Client unless Client rejects or pauses it before publication.

3.2 Advertiser of Record. Client is the advertiser of record and is responsible for all content published to its Connected Accounts.

4. Intellectual Property for Marketing Services

This Section specializes the intellectual property terms of the Client Services Agreement for the Marketing Services. The general intellectual property terms, including those for Pro Forma IP, Deliverables, Aggregated Data, publicity, and feedback, continue to apply.

4.1 Client Content License. The license Client grants Pro Forma in the Client Content and Client's trademarks under the Client Services Agreement includes the right to publish and display that content to the Connected Accounts as part of the Marketing Services during the term.

4.2 Deliverables. The finished content Pro Forma produces for Client under the Marketing Services constitutes Deliverables under the Client Services Agreement and is owned by Client as provided there.

4.3 AI Output Indemnification. In addition to Section 10.1 of the Client Services Agreement, Pro Forma will defend Client against, and indemnify Client for amounts finally awarded or agreed in settlement of, any third-party claim alleging that content generated by Pro Forma's artificial intelligence and published as part of the Marketing Services infringes that third party's intellectual property or publicity rights, to the extent the content was generated by Pro Forma and does not derive from or incorporate Client Content or any inputs, instructions, or targeting Client provided or directed. This indemnity is subject to the procedures in Section 10.3 and the limitation of liability in Section 11 of the Client Services Agreement, and Client's indemnity in Section 10.2 does not apply to a claim covered by this Section 4.3. This Section does not apply to claims arising from Client Content, Client-directed inputs, or Client's modification or use of content contrary to Pro Forma's guidance.

5. Marketing Warranties and Disclaimers

This Section supplements the warranties and disclaimers in the Client Services Agreement as they apply to the Marketing Services.

5.1 No Guaranteed Results. Pro Forma does not warrant any particular results, including leads, views, engagement, or leases.

5.2 AI-Generated Content. AI-generated content may contain inaccuracies, and Client is responsible for reviewing content before publication. Property descriptions and measurements are estimates and should be independently verified.

5.3 Third-Party Platforms. Pro Forma is not responsible for the acts, changes, or availability of any social media platform or property management system.

6. Fair Housing and Acceptable Use of Published Content

6.1 Client Responsibility. Client is responsible for ensuring that all content published through the Services complies with applicable law, including fair housing and advertising laws, and with the terms of the applicable social media platforms, and that it contains no statement, preference, limitation, or imagery that discriminates on the basis of race, color, religion, sex (including sexual orientation, gender identity, and gender expression), familial status, national origin, disability, age, marital status, ancestry, source of income (including housing vouchers), military or veteran status, or any other class protected by applicable federal, state, or local law. Client will use the review opportunity under the Default Approval process in Section 3 accordingly, and will comply with the Acceptable Use and AI Content Policy in Schedule B to the Client Services Agreement.

6.2 Pro Forma Content Controls. Pro Forma maintains automated and policy-based controls designed to avoid generating content that states or suggests a preference, limitation, or discrimination based on a protected class, and Pro Forma will not knowingly produce or publish such content. These controls are provided on a commercially reasonable, best-efforts basis and do not warrant that all content will be free of discriminatory statements, preferences, or steering; Client remains responsible for reviewing content as provided in Section 3 and this Section 6.

6.3 Advertising and Audience Targeting. Where the Services include paid advertising of content, Pro Forma will configure housing-related campaigns in accordance with the applicable platform's housing or "Special Ad Category" requirements. Neither party will use audience-targeting, exclusion, or look-alike features to target or exclude audiences on the basis of, or as a proxy for, a protected class. Client is responsible for any targeting parameters or audiences it directs or supplies.

7. Lead and Prospect Data

7.1 Roles. Pro Forma operates the property listing websites and related inquiry forms it hosts for Client (the "Platforms") and collects the lead and prospect personal data submitted through them. Pro Forma collects that data, routes it to Client's property management system, and otherwise handles it under Pro Forma's Privacy Policy, which governs the Platforms; as described in that Privacy Policy, Pro Forma processes the data both to provide the Services to Client and for Pro Forma's own business purposes. As between the parties, Client is responsible for its own use of the lead and prospect data it receives. Such data is Client Content for purposes of the Client Services Agreement, and Schedule A applies to the extent Pro Forma processes it on Client's behalf.

7.2 Use of Lead Data for Improvement. Pro Forma will not use lead or prospect Personal Data captured through the inquiry forms to train or improve its products, or to create Aggregated Data, except in de-identified or aggregated form created and maintained in accordance with applicable de-identification standards, and Pro Forma will not attempt to re-identify it.

7.3 Notices at Collection. Pro Forma provides and controls the notice at collection and the link to Pro Forma's Privacy Policy presented on the inquiry forms, consistent with the Privacy Policy that governs the Platforms.

7.4 Outreach to Leads. Client conducts outreach to leads and is responsible for obtaining any consent and providing any disclosures required by applicable law (including the Telephone Consumer Protection Act, CAN-SPAM, and analogous state laws) before contacting a lead by telephone, SMS, or email. Client's obligations under this Section are within the scope of Client's indemnity in Section 10.2 of the Client Services Agreement.

8. Wind-Down on Termination

On expiration or termination of the Marketing Services: (a) Pro Forma will stop publishing new content and will cancel or stop any scheduled or queued posts and pause any active paid campaigns it controls; (b) the authorization in Section 2.2 to access the Connected Accounts and Client's property management system terminates, and Pro Forma will disconnect from them; (c) Client retains ownership and control of its Connected Accounts and of any content already published, and Pro Forma has no obligation to remove content already published organically; and (d) on Client's written request within thirty (30) days after termination, Pro Forma will provide a copy of the Deliverables it produced and will transfer control of, or stop, any paid campaigns it controls. This Section supplements Section 12.3 of the Client Services Agreement.