Terms of Service

Brokerhub Inc. ("Brokerhub", "we", "us", or "our") has made these Terms of Service (the "Agreement") available to explain the terms and conditions by which you may access and use certain products and services made available by Brokerhub, which may include (a) Brokerhub's website development, maintenance, hosting and other related services for the purpose of establishing and/or improving our customers' online visibility and for showcasing listings (the "Website Services"), (b) our CRM and lead management system, which is intended to help real estate professionals manage and nurture client relationships (the "CRM Services"), (c) our AI-powered home evaluation and market statistics tools (the "AI Services"), (d) our map search engine for property searches (the "Search Services"), and (e) any other products and services that link to this Agreement (collectively, the "Brokerhub Services").

You must read this Agreement carefully as it governs your use of the Brokerhub Services. By accessing or using the Brokerhub Services and/or signing an Order Form, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Brokerhub Services and should not use the Brokerhub Services and/or sign the Order Form.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you of any material changes, either through the Brokerhub Service user interface, email, or through other reasonable means. Your continued use of the Brokerhub Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

1. Brokerhub Services

1.1 Registration

To use certain portions of the Brokerhub Services, you must register for an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person during registration. If you are registering for the Brokerhub Services on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third parties.

1.2 Your Privacy

By using the Brokerhub Services, you consent to our collection, use and disclosure of personal information as outlined in the Privacy Policy. For more information please see our Privacy Policy.

1.3 No Children Permitted

The Brokerhub Services are not intended for individuals under the age of 18. If you are a child under the age of 18, please do not register for the Brokerhub Services or send any personal information to us. If you have reason to believe that a child under the age of 18 is using our Brokerhub Services, please let us know immediately at hello@brokerhub.io and we will seek to revoke access and delete any associated information as quickly as possible.

1.4 Grant of Access

You may access, and we grant you a non-exclusive right to use, the Brokerhub Services in accordance with this Agreement and any Order. You will comply with this Agreement, any Order, and all applicable laws when using the Brokerhub Services. We and our affiliates own all rights, title, and interest in and to the Brokerhub Services, including the underlying technology and intellectual property rights therein. We are constantly improving the Brokerhub Services. You agree and acknowledge that the Brokerhub Services are subject to modification and change.

1.5 User Content

You retain ownership of all content, data and information you provide to the Brokerhub Services (referred to as "User Content"). During and after the term of this Agreement, except with User Content supplied to Brokerhub as part of the Website Services, Brokerhub may use your User Content to develop and improve our products and services, comply with applicable law, and enforce our policies. You are responsible for all User Content, including for ensuring that it does not violate any applicable law, the intellectual property rights of third parties, or this Agreement.

1.6 User Conduct

You represent, warrant, and covenant that:

• Any User Content you transfer via the Brokerhub Services has been legally obtained and belongs or is otherwise licensed to you;
• You will not engage in any conduct that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive;
• You will not provide any false, inaccurate or misleading information while using the Brokerhub Services;
• You will not interfere with or disrupt the Brokerhub Services or servers or networks connected to the Brokerhub Services;
• You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You and your User Content will not infringe, misappropriate or violate any intellectual property, privacy, publicity or other proprietary rights of Brokerhub or any third party;
• You will not solicit personal information from anyone under the age of 18;
• You will not harvest or collect email addresses or other contact information of other users from the Brokerhub Services without authorization.

2. Subscription Terms and Payment

2.1 Subscription

The Brokerhub Services are provided on a subscription basis. You will pay all fees specified in your Order Form. All fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.

2.2 Auto-Renewal

Your subscription will automatically renew for additional periods equal to the expiring subscription term unless either party provides notice of non-renewal at least thirty (30) days before the end of the relevant subscription period. The per-unit pricing during any automatic renewal term will be the same as that during the immediately prior term unless we notify you of a pricing increase at least thirty (30) days before the end of that term, in which case the pricing increase will be effective upon renewal.

2.3 Payment Terms

You will provide us with valid and updated payment information. You authorize us to charge your payment method for all fees payable during the subscription term. If we do not receive payment from your payment method provider, you agree to pay all amounts due upon demand.

3. Intellectual Property

The Brokerhub Services, including all content, features, functionality, and the underlying software and technology, are owned by Brokerhub, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4. Third-Party Services and Links

The Brokerhub Services may contain links to third-party websites or services that are not owned or controlled by Brokerhub. Brokerhub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Brokerhub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

5. Warranties and Disclaimers

THE BROKERHUB SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BROKERHUB DOES NOT WARRANT THAT THE BROKERHUB SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BROKERHUB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BROKERHUB SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE BROKERHUB SERVICES; (iii) ANY CONTENT OBTAINED FROM THE BROKERHUB SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

7. Termination

We may terminate or suspend your access to the Brokerhub Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to use the Brokerhub Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Brokerhub Services and contact us to request account closure.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario for the resolution of any disputes arising out of or relating to this Agreement or the Brokerhub Services.

9. Miscellaneous

9.1 Entire Agreement

These Terms of Service constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

9.2 Assignment

You may not assign or transfer this Agreement without our prior written consent. Any attempt to do so will be void. We may freely assign or transfer this Agreement.

9.3 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

9.4 Waiver

No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

10. Contact Information

If you have questions or comments about our privacy practices, please contact us at: hello@brokerhub.io