Own Platform Terms of Service

1. About these terms

These Own Platform Terms of Service (the “Terms”) are a binding agreement between Mainstay Labs Inc., a Delaware corporation (“Company,” “we,” “us,” or “our”), and the individual or entity that registers for or uses the Service (“Owner,” “you,” or “your”). If you accept these Terms on behalf of a business entity (such as an LLC that holds title to your properties), you represent that you have authority to bind that entity, and “you” refers to that entity and its authorized users. If you register for or use the Service on behalf of the owner of a property (e.g. as its property manager), you represent and warrant that the owner has authorized you to do so, to submit Owner Content relating to its properties, and to accept these Terms and the Data Processing Agreement (as defined below) on its behalf. In that case, “Owner” means that property owner, and you are bound by these Terms as its authorized user and are jointly responsible with the Owner for compliance with them.

Our Privacy Policy explains how we collect and use personal information, and our Customer Data Processing Addendum (“DPA”) explains how we process Customer Personal Data (defined below), and each is incorporated into these Terms by reference.

2. The Service

Company provides a web-based document and property-records organization and insight- and task-generation platform for owners of single-family rental properties (the “Service”). Through the Service, you may create an account, add properties, upload documents or forward them to a Company-designated email address, and receive the following features, which may change at any time:

Document filing. Automated classification of documents by property and category (for example, leases, tax bills, insurance policies, HOA materials, mortgage and escrow statements, inspection reports, warranties, invoices, receipts, permits, notices, vendor contracts, utility bills, and images).

Data extraction and property pages. Automated extraction of data points from your documents (such as rent amounts, lease dates, assessed values, due dates, policy terms, and equipment information) and population of a property page using that data together with data from public records and third-party sources.

Question answering. Answers to your questions about your documents, generally with a link to the source document.

A cumulative property record. A single, continuing record for each property built from the documents and data you provide over time.

Opportunity insights. Informational prompts that identify possible opportunities to increase revenue (for example, comparing lease rent to estimated market rent), reduce expenses (for example, a potential property tax appeal), or prompt tasks (for example, addressing upcoming HOA-related deadlines) (collectively, “Insights”).

What the Service does not do. The Service is an owner-facing records and information tool only. Company does not, and the Service is not designed to: (a) advertise, list, show or transact on the purchase or sale of properties; (b) communicate with, screen, select or in any way relate to credit checks or reporting for tenants or applicants; (c) negotiate, prepare, or execute leases; (d) collect, hold, or disburse rent, security deposits, or other funds; (e) act as your property manager, real estate broker or agent for transactional purposes, appraiser, tax consultant, tax representative, insurance producer, mortgage broker, attorney, accountant, or fiduciary; (f) file property tax appeals or represent you before any taxing authority, HOA, court, or agency; or (g) make or pay any payment on your behalf. Certain MLS data, listing photographs, and market information are provided through the Service by licensed real estate brokerages affiliated with Company (each, a “Brokerage”) under separate Brokerage Services Terms between you and the applicable Brokerage (the “Brokerage Terms”). The Company may share information with the Brokerages that you share with the Company, for the purpose of the Brokerages providing the Brokerage Services to you. Any brokerage services are provided solely by the applicable Brokerage, not by Company.

3. Beta Service

The Service is a pre-release, early-stage product offered for testing and evaluation (the “Beta Period”). You acknowledge that the Service: (a) is experimental and may contain errors, bugs, and inaccuracies; (b) may be modified, suspended, or discontinued at any time, in whole or in part, with or without notice; (c) may experience downtime or data loss; and (d) is not intended to serve as your sole or official system of record. You must keep your own original copies of all documents you submit. We may ask you for feedback and to participate in surveys or interviews, and participation is voluntary.

4. Eligibility and business use

The Service is intended solely for business use by owners of residential rental real estate and their authorized representatives. You must be at least 18 years old and able to form a binding contract. You represent that you are using the Service in connection with a business of owning and operating rental property and not for personal, family, or household purposes. During the Beta Period, the Service is available only for properties located in the United States, and we may limit participation to owners of a particular number or type of properties.

5. Accounts and security

You must provide accurate and complete registration information and keep it current. You are responsible for all activity under your account, including activity by any user you invite, and for maintaining the confidentiality of your credentials. Notify us immediately at “[email protected]” of any unauthorized use. You are responsible for sending documents to the Service’s ingestion email address only from email accounts you control, and you acknowledge that any document received at the email address assigned to your account may be added to your account.

6. Your content

Definition. “Owner Content” means all documents, images, files, emails and attachments, text, questions, and other materials that you or your users upload, forward, or otherwise submit to the Service, and the information contained in them.

Ownership. As between you and Company, you retain all ownership rights you have in your Owner Content. Nothing in these Terms transfers ownership of your Owner Content to Company.

License to operate the Service. You grant Company and its service providers a worldwide, non-exclusive, royalty-free license during the term of your account to host, copy, store, transmit, process, analyze, extract data from, display, and modify (for example, for formatting or optical character recognition) Owner Content as necessary to provide, maintain, secure, support, and improve elements of the Service for you, for product development purposes, and to comply with law. Company’s use of Customer Personal Data (as defined below) under this license is subject to the DPA.

Your responsibilities and representations. You represent and warrant that: (a) you own or have all rights, consents, and authorizations needed to submit Owner Content and to grant the licenses in these Terms; (b) your submission and our processing of Owner Content as described in these Terms and the Privacy Policy will not violate any law, contract (including any lease, HOA governing document, loan agreement, or confidentiality obligation), or the rights of any third party; and (c) you have provided any notices and obtained any consents required by applicable law to share personal information of tenants, occupants, vendors, and other third parties contained in Owner Content.

Data processing. To the extent Owner Content contains personal information about tenants, occupants, vendors, or other individuals (“Customer Personal Data”), you are the controller (or “business”) of that information (or are acting on behalf of the property owner that is the controller), and Company is your processor (or “service provider” or “contractor”) under applicable privacy laws. Company’s processing of Customer Personal Data is governed by the DPA, which is incorporated into these Terms. By accepting these Terms, you accept the DPA. You instruct Company to process Customer Personal Data as described in these Terms and the DPA, including to provide the Services, to make information available to the applicable Brokerage as described below, and for the model improvement described in Section 7.

Sensitive information. The Service is not designed to store highly sensitive data. Before you submit a document, you should redact, and you agree not to intentionally submit, the following unless needed for the Service and permitted by law: Social Security numbers, driver’s license or government ID numbers, full bank account, credit card, or other financial account numbers, consumer reports or tenant screening reports, background check results, medical or health information, and information about children. We may delete or redact such information when we detect it, but we have no obligation to do so.

Sharing with Brokerages. You instruct and authorize Company to make available to the applicable Brokerage your account information and the property information in your Owner Content (such as property addresses and characteristics, lease rents and terms, and operating expenses) as needed for the Brokerage to provide the Brokerage Services to you, verify your eligibility, and comply with law and MLS rules. To the extent that information includes Customer Personal Data, the Brokerage receives and processes it on Company’s behalf as a sub-processor under the DPA and only for those purposes. Neither Company nor any Brokerage will use Customer Personal Data to contact your tenants, occupants, or other individuals named in your Owner Content, or for marketing, unless you separately engage the Brokerage or Company in writing for that purpose

7. Aggregated and de-identified data

Usage and derived data. Company may collect and generate data about the configuration, performance, and use of the Service, and data derived from Owner Content, including extracted data fields, classifications, metadata, and statistics (“Service Data”). Service Data does not include Customer Personal Data. Data extracted from Owner Content that identifies, or is reasonably capable of being associated with an individual, remains Owner Content and, where applicable, Customer Personal Data.

Aggregated Data. You agree that Company may create information from Owner Content and Service Data that has been aggregated with other data and/or de-identified so that it does not identify you, any of your tenants or other individuals, or any specific property address (“Aggregated Data”). Examples include market-level rent, expense, tax, insurance, HOA, maintenance cost, and equipment life benchmarks.

Rights in Aggregated Data. Company owns all right, title, and interest in and to Aggregated Data and any analyses, insights, benchmarks, models, indices, reports, products, and services that Company creates using Aggregated Data. You grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use Owner Content and Service Data to create Aggregated Data. Company may use, commercialize, license, sell, disclose, and otherwise exploit Aggregated Data for any lawful purpose, during and after the term of these Terms, including to develop, train, and improve the Service and other current and future Company products and services. Company’s rights in Aggregated Data survive any termination of these Terms or deletion of your account.

Safeguards. Company will (a) take reasonable measures designed to ensure that Aggregated Data cannot reasonably be used to identify you, any individual, or any specific property address; (b) not attempt to re-identify Aggregated Data, except as permitted by law to test the effectiveness of de-identification; and (c) contractually prohibit recipients of Aggregated Data from attempting to re-identify it. Company will not disclose Owner Content in identifiable form to third parties except as described in these Terms and the Privacy Policy.

Model improvement. You agree that Company may use Service Data and de-identified Owner Content to train, test, and improve the machine-learning models and algorithms that power document classification, data extraction, question answering, Insights, and other features of the Services. Company will not permit third-party artificial intelligence providers that process Owner Content on our behalf to use it to train their own general-purpose models, except as disclosed in the Privacy Policy. These uses are permitted under, and subject to the safeguards in, Sections 3.4 and 3.5 of the DPA.

8. Company data, Third-Party Data, and Insights

The Service may display data obtained from public records, government sources, the Brokerages, and third-party data providers, such as parcel data, assessment data, market rent estimates, comparable property data and photos, and weather or hazard data (“Third-Party Data”). Third-Party Data is provided “as is,” may be incomplete, outdated, or inaccurate, and may be subject to additional terms from its providers. You may use Third-Party Data only for your internal business purposes in connection with the Service and may not resell, redistribute, or bulk-extract it. MLS data provided by a Brokerage is also subject to the Brokerage Terms, which control over these Terms as to MLS data.

Outputs are informational only. Insights, estimates, summaries, extracted data, and answers (collectively, “Outputs”) are generated in part by automated and artificial intelligence technologies and may be inaccurate or incomplete. An Insight indicating a “potential opportunity” is not a recommendation, appraisal, valuation, opinion of value, or prediction of any outcome. For example, a market rent comparison is not an appraisal and does not account for every factor relevant to rent, and a tax appeal indicator does not mean that an appeal will succeed or is timely or advisable. Outputs are not legal, tax, accounting, investment, insurance, appraisal, engineering, or other professional advice. You are solely responsible for verifying Outputs against source documents and for any decision you make, and you should consult qualified professionals before acting.

Deadlines and reminders. The Service may display dates such as lease expirations, notice deadlines, tax and assessment due dates, appeal windows, insurance renewal dates, and warranty expirations. These are provided as a convenience only. Company is not responsible for any missed deadline, late fee, penalty, lapse in coverage, loss of rights, or other consequence, and you remain solely responsible for tracking and meeting all of your obligations.

9. Fair housing and prohibited uses of information

The Service is not a consumer reporting agency, and Outputs are not consumer reports. You agree not to use the Service or any Output, in whole or in part, as a factor in determining any individual’s eligibility for housing, credit, insurance, or employment, or for any other purpose covered by the Fair Credit Reporting Act or similar laws. You agree to comply with the federal Fair Housing Act and all applicable state and local fair housing, landlord-tenant, privacy, and anti-discrimination laws. You will not use the Service to make or support any decision that discriminates against any person on the basis of a protected characteristic, or to coordinate rents or other competitively sensitive terms with other property owners.

10. Acceptable use

You will not, and will not permit anyone else to: (a) submit Owner Content that you do not have the right to submit, or that is unlawful, fraudulent, defamatory, or infringing; (b) upload malware or any harmful code; (c) access the Service through automated means (such as scrapers or bots) except as we expressly permit; (d) reverse engineer, decompile, or attempt to derive the source code, models, or underlying data of the Service, except to the extent applicable law prohibits this restriction; (e) probe, scan, or test the vulnerability of the Service, or circumvent security or usage limits; (f) use the Service to build a competing product or for benchmarking for a competitor; (g) resell, sublicense, or provide the Service to third parties, other than your own employees, property managers, and professional advisors acting on your behalf; (h) use the Service to send spam or to forward high volumes of non-property email to the ingestion address; or (i) use the Service in violation of any applicable law.

11. Authorized users and third parties

If the Service permits you to invite others (such as a co-owner, bookkeeper, or property manager) to your account, you are responsible for their compliance with these Terms and for the access rights you grant them. If you connect third-party services (for example, email or cloud storage accounts), you authorize us to access and import data from those services as you direct, and your use of those services is governed by their own terms.

12. Fees

The Service is currently provided free of charge during the Beta Period. We may begin charging fees for the Service or certain features in the future. We will give you at least 30 days’ notice before you are charged any fee, and you will not be charged unless you affirmatively agree to the applicable pricing. You are responsible for any data, internet, or messaging charges from your providers.

13. Feedback

If you provide suggestions, ideas, bug reports, or other feedback about the Service (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use and exploit the Feedback for any purpose without obligation to you. Feedback does not include Owner Content.

14. Confidentiality

Information about the Service that Company makes available to you during the Beta Period and that is not publicly available, including features, performance, roadmaps, and pricing, is Company’s confidential information. You will not disclose it to third parties other than your professional advisors who are bound by confidentiality obligations, and you will use it only to evaluate and use the Service. Company will treat identifiable Owner Content as confidential and will use and disclose it only as described in these Terms and the Privacy Policy.

15. Company intellectual property

The Service, including its software, models, algorithms, interfaces, design, content (other than Owner Content), Aggregated Data, and all related intellectual property, is owned by Company or its licensors. Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the term to access and use the Service for your internal business purposes. You may use Outputs relating to your own properties for your internal business purposes. All rights not expressly granted are reserved.

16. Security; data export and deletion

Company will use commercially reasonable administrative, technical, and physical safeguards designed to protect Owner Content. No system is completely secure, and Company does not guarantee that unauthorized access will never occur. Company will notify you of a security breach affecting your Owner Content as required by applicable law.

You may download your original documents by request to “[email protected].” You may request deletion of your account at any time. Following a deletion request, Company will delete within a commercially reasonable period of time, except for (a) copies retained in backup systems until overwritten in the ordinary course, (b) information we must retain to comply with law or resolve disputes, and (c) Aggregated Data, which is not subject to deletion. Because the Service is a beta product, you should regularly export any data you wish to keep. Additional security, breach-notification, and deletion terms for Customer Personal Data are set out in the DPA.

17. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. Company may suspend or terminate your access at any time, including at the end of the Beta Period, for convenience, or if we reasonably believe you have violated these Terms or that your use creates legal, security, or operational risk. Where practicable, we will give you reasonable advance notice of termination for convenience and an opportunity to export your documents. Sections 6 (Your responsibilities), 7, 8, 9, 13, 14, 15, and 18 through 23 survive termination. The DPA survives for as long as Company processes Customer Personal Data.

18. Disclaimers

THE SERVICE, OUTPUTS, INSIGHTS, AND THIRD-PARTY DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DOCUMENTS WILL BE CORRECTLY CLASSIFIED OR DATA CORRECTLY EXTRACTED; THAT ANY INSIGHT WILL RESULT IN INCREASED REVENUE, REDUCED EXPENSES, OR AVOIDED REPAIRS; OR THAT OWNER CONTENT WILL NOT BE LOST.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, RENT, BUSINESS, GOODWILL, OR DATA, OR FOR MISSED DEADLINES, PENALTIES, LATE FEES, INTEREST, LAPSED INSURANCE OR WARRANTY COVERAGE, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID COMPANY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY AND ARE AN ESSENTIAL BASIS OF THE BARGAIN, INCLUDING BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE DURING THE BETA PERIOD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification

You will defend, indemnify, and hold harmless Company and its affiliates, officers, employees, and agents from and against any third-party claims, and related losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) your Owner Content, including any claim by a tenant, occupant, vendor, or other person whose information appears in it or asserts you have insufficient right, consent, or authorization to submit Owner Content and to grant the licenses in these Terms; (b) your use of the Service or Outputs, including any decision regarding rent, leasing, repairs, taxes, or insurance; (c) your violation of these Terms or applicable law, including fair housing, privacy, and landlord-tenant laws; or (d) your rental properties or business operations.

21. Dispute resolution; arbitration; class action waiver

Informal resolution. Before filing a claim, each party agrees to try to resolve the dispute informally by sending written notice describing the dispute to the other party and negotiating in good faith for at least 30 days.

Binding arbitration. Except for (a) claims that qualify for small claims court and (b) claims for injunctive or equitable relief to protect intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the Judicial Arbitration and Mediation Services under its Comprehensive Arbitration Rules and Procedures before a single arbitrator. The arbitration will take place in San Francisco, California or by video conference, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular claim, that claim will be severed and heard in court, and the remainder of this Section will continue to apply.

Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, stating your name, account email, and intent to opt out.

22. Governing law and venue

These Terms are governed by the laws of the State of California and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-laws rules. Subject to Section 21, the exclusive venue for any action will be the state and federal courts located in San Francisco County, California, and each party consents to personal jurisdiction there.

23. General

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 7 days before they take effect, except where changes are required by law or relate to new features. Your continued use of the Service after the effective date constitutes acceptance. Changes to Section 21 will not apply to disputes of which we had notice before the change.

Electronic communications. You consent to receive notices and communications from us electronically, including by email and in-Service messages, and agree that they satisfy any legal requirement that communications be in writing.

Miscellaneous. These Terms, together with the Brokerage Terms, Privacy Policy, DPA and any feature-specific terms we present to you, are the entire agreement between you and Company, and you and the Brokerage, as applicable, regarding the Service and supersede prior agreements on that subject. If these Terms conflict with the DPA, these Terms control, except where applicable privacy laws require the DPA to control. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors, and there are no third-party beneficiaries.

Contact. Mainstay Labs Inc., 400 Montgomery St, Suite 950, San Francisco, CA 94104. [email protected]

1. Parties; relationship to the Platform Terms

These Brokerage Services Terms (the “Brokerage Terms”) are an agreement between you (“Owner” or “you”) and the licensed real estate brokerage identified in Schedule A for the state in which each of your properties is located (each, a “Brokerage”). Each Brokerage is an affiliate of Mainstay Labs Inc., a Delaware corporation (“Company”) and is a participant or subscriber in one or more multiple listing services (each, an “MLS”). Company is not a real estate broker and does not provide brokerage services. These Brokerage Terms supplement the Company Own Platform Terms of Service, Privacy Policy and DPA (the “Platform Terms”). If these Brokerage Terms conflict with the Platform Terms on a matter covered here, these Brokerage Terms control. Capitalized terms not defined here have the meanings given in the Platform Terms.

2. Establishment of the brokerage relationship

Formation. By clicking “I Agree” or otherwise accepting these Brokerage Terms, you register as a customer of the Brokerage for each property you add to the Service in a state listed in Schedule A, and the Brokerage accepts you as a customer, effective when you receive confirmation in the Service. If no Brokerage is licensed in a property’s state, these Brokerage Terms do not apply to that property, and MLS data will not be provided for it.

Nature of the relationship. Unless you and the Brokerage sign a separate written agency or representation agreement, the Brokerage acts as a non-agency customer broker or limited-service broker (as permitted in each state) and does not represent you as your agent or fiduciary in any purchase, sale, lease, or other transaction. The Brokerage will deal with you honestly and fairly, use reasonable skill and care in the services it provides, and disclose known material facts as state law requires. You acknowledge that you received and reviewed the agency disclosure for your property’s state(s) in Schedule A before accepting these Brokerage Terms.

Purpose. You are establishing this relationship to receive MLS-derived information and related brokerage services described in Section 3 in connection with owning, operating, valuing, leasing, refinancing, or possibly selling or buying residential rental property. You represent that you have a bona fide interest in the purchase, sale, or lease of real property of the type covered by the MLS data.

3. Scope of Brokerage Services

Included services. Through the Service, the Brokerage may provide you with: (a) MLS listing, sold, and rental data and listing photographs for your properties and comparable properties; (b) comparative market analyses, estimated rent ranges, and similar market information; and (c) responses from a licensed agent of the Brokerage to general questions about local market conditions (together, the “Brokerage Services”).

Excluded services. Unless you sign a separate written agreement with the Brokerage that complies with applicable law and MLS rules, the Brokerage will not: list, market, advertise, or show any property; find, screen, or communicate with tenants or buyers; prepare, present, or negotiate offers, leases, or contracts; provide property management; or represent you in any transaction.

Not an appraisal. Comparative market analyses, rent estimates, and other valuation information are not appraisals and may not be relied on as appraisals. They are not prepared by a licensed or certified appraiser, and they are not broker price opinions where state law restricts them. They are provided for your general information only.

4. No compensation; no exclusivity

You owe no commission, fee, or other compensation to the Brokerage under these Brokerage Terms. Any compensation for future brokerage services must be stated in a separate written agreement that you sign, and compensation is always negotiable and not set by law. This relationship is non-exclusive: you may engage any other broker at any time, and nothing here obligates you to list, sell, lease, or buy any property through the Brokerage. Company may compensate the Brokerage, or the Brokerage may compensate Company, under their intercompany arrangements; those arrangements do not create any payment obligation for you.

5. Affiliated business disclosure

Company and each Brokerage are under common ownership or control. Because of this relationship, a referral to the Brokerage may give Company or its owners a financial or other benefit. You are not required to use the Brokerage, or any other Company affiliate, for transaction services as a condition of using the Service. Other brokerages are available, and you are free to shop for brokerage and other real estate settlement services. If a Brokerage or Company ever refers you to a settlement service provider in connection with a federally related mortgage loan, you will receive any affiliated business arrangement disclosure required by law at or before the time of referral.

6. MLS Data and photographs

Limited license. “MLS Data” means listing information, photographs, virtual tours, and other content provided by an MLS or its participants. The Brokerage grants you a limited, revocable, non-exclusive, non-transferable license to view and use MLS Data in the Service solely for your own non-commercial evaluation of properties and of potential transactions involving property of the type covered by the MLS Data. You may share MLS Data with your own attorneys, accountants, lenders, and other professional advisors who need it for that purpose, but not otherwise.

Restrictions. You will not copy, download in bulk, scrape, redistribute, publish, sell, display on any website or listing, use in any advertisement, or create derivative databases from MLS Data, and you will not remove copyright notices, watermarks, or attributions. MLS Data, including photographs, is owned by the MLS, its participants, or their photographers and licensors and is protected by copyright and other laws. You may not use MLS photographs to advertise or lease your own property unless you have separate permission from the copyright owner.

MLS rules control. Access to MLS Data is subject to each MLS’s rules and policies, which may change. The Brokerage may modify, restrict, delay, or remove MLS Data, or require you to re-accept these Brokerage Terms, at any time to comply with those rules. You agree that the Brokerage may give an MLS your name, email address, and account activity on request to show compliance, and that an MLS may monitor access for misuse.

Accuracy. MLS Data is deemed reliable but is not guaranteed and should be independently verified.

7. Owner information

The Brokerages may access your account information and the property information you provide through the Service to the extent needed to provide the Brokerage Services, verify your eligibility, and comply with law and MLS rules. The Brokerages will handle any such information as a “subprocessor” for the Company under the Company Privacy Policy and will not sell it; provided that, if the Brokerages represent a potential buyer of your property, the Brokerages may have a duty to disclose material, latent defects about the Property of which they are actually aware. The Brokerages will not contact you for marketing by telephone or text message unless you give separate express consent, which you may withdraw at any time.

8. Licensing, supervision, and complaints

Each Brokerage and its license number are listed in Schedule A. All Brokerage Services are provided by or under the supervision of licensees of the applicable Brokerage. You may direct questions or complaints to the Brokerage at the contact information in Schedule A or to the real estate licensing authority in the property’s state.

9. Fair housing

Each Brokerage is committed to equal housing opportunity and complies with the federal Fair Housing Act and all applicable state and local fair housing laws. No Brokerage will provide information or services in a way that discriminates on the basis of any protected characteristic, and you agree not to use the Brokerage Services for any discriminatory purpose.

10. Disclaimers and limitation of liability

THE BROKERAGE SERVICES AND MLS DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Sections 18 (Disclaimers) and 19 (Limitation of Liability) of the Platform Terms apply to the Brokerage and the Brokerage Services as if the Brokerage were named in them, except that nothing in these Brokerage Terms limits any duty or liability that a licensee may not disclaim or limit under applicable real estate license law.

11. Term and termination

These Brokerage Terms remain in effect while you have an active account in the Service. You may end the brokerage relationship at any time by written notice to the Brokerage or through your account settings. The Brokerage may end it at any time by notice to you. These Brokerage Terms end automatically when your account closes or when the Brokerage is no longer licensed in, or no longer has MLS access in, the applicable state. When they end, your MLS Data license ends and you must stop using any MLS Data you retained. Sections 4 through 7, 10, and 12 survive termination.

12. General

Sections 21 (Dispute Resolution; Arbitration; Class Action Waiver) and 23 (General) of the Platform Terms apply to these Brokerage Terms, and each Brokerage may enforce them. Questions about real estate licensure and brokerage duties are governed by the law of the state where the property is located. These Brokerage Terms, together with the Platform Terms and any separate written agreement you sign with a Brokerage, are the entire agreement between you and the Brokerage on their respective subject matter. You agree that your electronic acceptance is a signature and that these Brokerage Terms and the disclosures in Schedule A, along with any other notices and communications form us, may be delivered electronically, and agree that they satisfy any legal requirement that communications be in writing.

We may update these Brokerage Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 7 days before they take effect, except where changes are required by law or relate to new features. Your continued use of the Service after the effective date constitutes acceptance. Changes to Section 21 of the Platform Terms will not apply to disputes of which we had notice before the change.

You may not assign these Brokerage Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors, and there are no third-party beneficiaries.

Contact. See Schedule A (below).

Schedule A. Brokerages