OnTour User Terms of Service

These User Terms of Service (“Terms”) govern access to and use of the OnTour platform and related services (the “Services”) operated by WayMaker Technology, Inc., a Delaware corporation (“WayMaker,” “we,” “our,” or “us”).

By accessing or using the Services, you agree to these Terms on behalf of the entity you represent. If you do not agree, do not use the service.

1. Scope of Services

OnTour is a business-to-business software platform designed for property owners, operators, and management companies (“Customers”).

The Services may include:

• Voice-enabled tour capture
• Audio transcription
• AI-generated performance insights and scoring
• Prospect sentiment and Voice of the Customer analytics
• Dashboards and benchmarking
• Rewards and performance tracking tools
• Integrations with property management systems (PMS), CRM systems, and other third-party tools

The Services are provided for professional use within Customer-managed environments.

2. Customer and Authorized Users

Access to the Services is provided pursuant to a separate agreement between WayMaker and a Customer (“Subscription Agreement”).

Individuals granted access by a Customer are “Authorized Users.”

Customer controls:

• User access and permissions
• Data retention and deletion
• Workspace configuration
• External integration settings
• Whether and how performance outputs are used

As between WayMaker and Customer, Customer owns all Customer Data.

3. Voice Recording & Legal Compliance

The Services may enable audio recording and transcription during property tours.

Each Customer and Authorized User is solely responsible for:

• Providing appropriate notice of recording
• Obtaining legally required consent
• Complying with all applicable federal, state, and local recording and privacy laws (“Recording Laws”)

WayMaker does not provide legal advice and does not monitor compliance with Recording Laws.

Use of the Services in violation of Recording Laws is strictly prohibited and may result in immediate suspension or termination of the customer's relationship with WayMaker.

4. AI Outputs, Scoring & Employment Decisions

OnTour may generate:

• Performance scores
• Coaching suggestions
• Behavioral insights
• Benchmarking comparisons
• Rewards tracking metrics

These outputs:

• Are informational and assistive tools only
• Are not guarantees of performance
• Are not employment recommendations
• Should not be used as the sole basis for employment, promotion, termination, or compensation decisions

Customer is solely responsible for:

• Any compensation programs
• Incentive structures
• Employment decisions
• Compliance with labor and employment laws

WayMaker disclaims liability for employment-related decisions made using the Services.

5. Rewards & Incentive Programs

The Services may enable Customers to design and administer reward or incentive programs.

WayMaker:

• Does not administer payroll
• Does not issue compensation
• Does not determine eligibility for rewards
• Is not responsible for tax treatment of incentives

All compensation and reward decisions remain the sole responsibility of Customer.

6. Data Ownership & Use

“Customer Data” includes audio recordings, transcripts, analytics, scores, and related information submitted to or generated within the Services.

As between WayMaker and Customer:

• Customer owns Customer Data.
• WayMaker processes Customer Data solely to provide, maintain, and improve the Services.
• WayMaker may use aggregated and anonymized data for product improvement, benchmarking, and analytics.

WayMaker does not sell Customer Data.

7. Data Portability (Future Functionality)

WayMaker may, in the future, offer features enabling individual authorized users to access portions of their historical performance data. Availability of such features will be subject to Customer configuration and applicable agreements.

Nothing in these Terms guarantees individual authorized user data portability absent Customer authorization.

8. Acceptable Use

You may not:

• Use the Services in violation of law
• Record conversations without required consent
• Reverse engineer or attempt to extract models or source code
• Circumvent platform safeguards
• Access accounts without authorization
• Interfere with system performance

Violation may result in suspension or termination of customer access to OnTour.

9. Disclaimers

The Services are provided “as is” and “as available.”

WayMaker disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

WayMaker does not guarantee:

• Perfect transcription accuracy
• Error-free AI outputs
• Continuous availability

10. Limitation of Liability

To the maximum extent permitted by law: WayMaker will not be liable for indirect, incidental, consequential, special, or punitive damages.

WayMaker's total aggregate liability arising out of or related to the Services will not exceed the greater of:

• One hundred dollars ($100), or
• The amount paid by Customer for the Services in the twelve (12) months preceding the claim.

Nothing limits liability where prohibited by law.

11. Suspension & Termination

WayMaker may suspend or terminate access to OnTour if:

• These Terms are violated
• Recording laws are violated
• Use creates legal risk
• There is misuse of the platform

Customer may terminate Authorized User access at any time.

12. Modifications

WayMaker may update these Terms from time to time.

Material updates will be posted on this page with a revised “Last Updated” date.

Continued use constitutes acceptance.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.