Last updated: July 21, 2026
These terms of use ("terms") govern your access to and use of the Earnest IQ website and platform (the "service"), operated by Dwellists Inc. ("Dwellists," "Earnest IQ," "we," "us," or "our"). By creating an account or otherwise using the service, you agree to these terms. If you don't agree, please don't use the service.
These terms include an agreement to resolve disputes as described in Section 17. Please read that section carefully.
Earnest IQ is a technology platform that helps property owners sell their property. We offer two paths, and you choose which one to use:
Dwellists and Earnest IQ are not a licensed real estate brokerage, title company, escrow company, lender, contractor, appraiser, or law firm. We do not represent you or any other party in a real estate transaction. Where a step of your sale requires a licensed professional — including brokerage representation, title, escrow, financing, appraisal, inspection, or contracting services — that service is provided by an independent, separately licensed third party, subject to that provider's own terms and professional obligations, not ours.
The service is currently available only in the states and jurisdictions we identify in the platform. Availability may change, and some features may not be offered everywhere.
You must be at least 18 years old, have the legal capacity to enter a binding contract, and either own the property you're listing or be legally authorized to act on the owner's behalf. If you're acting on an owner's behalf, you represent that you have the authority to do so and to bind that owner to these terms.
You're responsible for the accuracy of the information you provide and for keeping your account credentials secure. You're responsible for activity that occurs under your account. Tell us promptly at the address in Section 19 if you believe your account has been accessed without your permission.
The conversation you have on Earnest IQ is generated by an artificial intelligence assistant. You're interacting with an AI system, not a human representative, unless we tell you otherwise. Like any AI system, it can make mistakes, so information it provides may be incomplete or inaccurate.
Nothing the assistant, or the service generally, tells you is legal, tax, financial, or professional real estate advice, and it doesn't create an attorney-client, broker-client, fiduciary, or other professional relationship. You're responsible for independently verifying anything material to your sale, including required disclosures, and for consulting a licensed professional where appropriate.
The assistant may generate drafts of documents, disclosures, or communications. Those drafts are starting points for your review, not finished legal instruments, and you are responsible for reviewing them before use.
If you choose Path 02, we introduce you to one or more independent real estate brokers who serve your area. The following applies to those introductions.
We are not your broker. We do not represent you, negotiate on your behalf, or owe you the duties a licensed broker owes a client. Any brokerage relationship you form is with the broker directly, under a separate agreement between you and that broker.
Verification is limited. Before we introduce a broker to you, we check that they hold an active real estate license in the relevant jurisdiction and meet our internal participation criteria. That check is not an endorsement, a recommendation, a background investigation, or a guarantee of any broker's skill, conduct, availability, or results. You should evaluate any broker independently before engaging them.
The choice is yours. You are under no obligation to engage any broker we introduce. You may interview as many brokers as you like, decline all of them, negotiate any term of a brokerage agreement, or work with a broker you found on your own — and doing so does not affect your access to the service.
Commissions are between you and the broker. Broker commissions are not set by Earnest IQ, are negotiable, and are payable by you to the broker under your agreement with that broker. We are not a party to that agreement and are not responsible for its performance.
How we're compensated. If you engage a broker we introduced and your property sale closes, that broker pays Dwellists a fee. You pay Earnest IQ nothing on Path 02. The fee is paid by the broker out of the compensation the broker receives, and we will disclose the arrangement to you in the platform before you engage a broker through the service. We receive nothing if your property does not sell.
You keep ownership of the documents, disclosures, and other content you upload or generate through the service. By submitting content, you give Dwellists a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and share it as needed to provide the service, including with the licensed professionals involved in your sale. This license ends when you delete the content or close your account, except for copies we're required to retain by law or that exist in routine backups.
You're responsible for making sure the content you submit is accurate, complete, and lawful, including any disclosures required by the state where your property is located.
If you send us suggestions or feedback about the service, we may use them without obligation or compensation to you.
Federal, state, and local fair housing laws apply to the sale of residential property. You agree not to use the service to express, request, or act on any preference, limitation, or discrimination based on race, color, religion, sex, familial status, national origin, disability, or any other characteristic protected under applicable law.
This applies to listing content, property descriptions, photographs, instructions you give the assistant, and your decisions about prospective buyers. We may remove content and suspend accounts under this section.
You agree not to:
We may suspend or terminate access for conduct that violates this section.
Path 01 carries Earnest IQ fees. Path 02 carries no Earnest IQ platform fees, though broker commissions and third-party costs still apply as described in Sections 1 and 4. All Earnest IQ fees are shown to you before you pay, and the amounts and structure in effect at the time you pay are the ones that apply to you.
Fees are exclusive of taxes. You're responsible for any applicable sales, use, or similar taxes. Fees do not include third-party costs of your sale — such as title, escrow, recording, inspection, appraisal, photography, or brokerage costs — which you pay directly to those providers.
Except where required by law or separately stated at the time of purchase, fees are non-refundable. If you withdraw your property from the market, cancel, or a transaction falls through, amounts already paid for services delivered are not refunded. Any closing fee becomes due only if and when a sale of the property closes, and is not owed if no sale closes.
Payments are processed by a third-party payment processor. We don't store your full card details. You authorize us and our processor to charge the payment method you provide for amounts you owe. If a payment fails or is reversed, we may suspend your access until the balance is resolved. If you believe you've been charged in error, contact us at the address in Section 19 before initiating a chargeback so we can look into it.
If you use voice mode, your spoken audio is recorded and transcribed by a third-party provider to power the conversation, and the assistant's spoken replies are generated by a third-party voice provider. By enabling voice mode, you consent to this recording and transcription. If another person is present and audible, you're responsible for obtaining any consent their state requires before recording them. See our privacy policy for more detail.
These terms apply for as long as you use the service.
Closing your account. You may close your account at any time through your account settings or by contacting us at the address in Section 19. Closing your account doesn't entitle you to a refund of fees already paid, and doesn't relieve you of amounts you already owe.
Suspension and termination by us. We may suspend or terminate your access, with or without notice, if you violate these terms, if we're required to by law, or if we reasonably believe continued access poses a risk to other users, to a transaction, or to us. We may also discontinue the service generally on reasonable notice.
What happens to your content. For 60 days after your account closes, you may request a copy of the documents you uploaded or generated. After that, we may delete them, except where we're required to retain records by law. Deletion from routine backups may take longer.
What survives. Sections 5 (as to licenses already granted), 8 (as to amounts owed), 12, 13, 14, 15, 16, 17, and 18 survive termination.
The service relies on third-party providers for functions like authentication, speech and voice processing, payments, and analytics, and may link to or interoperate with third-party websites and services. Your use of those functions is also subject to those providers' own terms and policies. We're not responsible for third-party services, their content, or their acts and omissions.
The Earnest IQ platform, including its design, software, models, and content we create, is owned by Dwellists or our licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the service for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works from the service outside that license. "Earnest IQ," "Dwellists," and our logos are our marks, and these terms don't give you the right to use them.
The service is provided "as is" and "as available." We don't guarantee that the service will be uninterrupted, error-free, or secure; that any property will sell, at any particular price or timeline; that the AI assistant's output will be accurate or complete; or that any broker, buyer, or other third party will perform as expected. To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by law, Dwellists will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost business opportunity, arising from your use of the service. This includes losses arising from the acts or omissions of any broker or other third party.
You agree to indemnify and hold harmless Dwellists, its officers, directors, employees, and agents from claims, losses, and expenses, including reasonable legal fees, arising from your misuse of the service, your content, your property sale, or your violation of these terms or applicable law. We'll notify you of any claim we seek indemnity for and let you participate in the defense; you won't settle any claim in a way that imposes obligations on us without our consent.
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 17 if adopted. Nothing in this section deprives you of the protection of mandatory consumer-protection laws of the state where you live.
Before filing a claim, you agree to contact us at the email in Section 19 with a short description of the dispute and the relief you're seeking, and to give us 30 days to try to resolve it informally.
Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, USA, and you and Dwellists consent to personal jurisdiction there.
Entire agreement. These terms, together with our privacy policy and any terms presented at the time of a specific purchase, are the entire agreement between you and Dwellists about the service, and replace any prior understandings on that subject.
Severability. If any provision of these terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary and the rest of the terms stay in effect.
No waiver. If we don't enforce a provision, that isn't a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control.
Electronic communications and notices. You consent to receive communications from us electronically, including notices required by law, at the email address associated with your account, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us go to the address in Section 19.
No third-party beneficiaries. These terms don't create rights for anyone other than you and Dwellists.
Headings. Section headings are for convenience and don't affect interpretation.
We may modify or discontinue parts of the service, and we may update these terms as the service evolves. We'll post the updated terms here with a new "last updated" date. For changes that materially affect your rights or obligations, we'll give you reasonable advance notice by email or on the platform before they take effect. Continuing to use the service after an update takes effect means you accept the revised terms.
Questions about these terms can be sent to help@dwellists.com.
Dwellists Inc.
251 Little Falls Drive
Wilmington, New Castle County
Delaware 19808