Privacy Policy
Detailed Privacy Policy Overview
By using or accessing the services in any manner, you acknowledge Open Assist Privacy Policy practices and policies, which apply to all Services owned and operated by Open Assist, and its affiliates and subsidiaries. The policy covers the treatment of personal information gathered through the User License Agreement.
Open Assist collects various types of personal information but does not share it with third parties for promotional purposes. The company does not give personal information to advertisers, and spam is not tolerated. Open Assist may occasionally send email announcements, but users can opt out by using the unsubscribe link in each email.
The following information is collected:
Agents, Brokers, Client Names:
Account Registration: First and last name, broker name, website, address, phone number, license number, MLS affiliation, and social media profiles.
Additional Profile Information: Profile photo, biography, and showing history.
Optional Demographic Information: Race, ethnic origin, disability, and sexual orientation.
Referral Information: Name, store name, and email address of referred agents.
Order Fulfillment: Tax Identification Number, and bank account information.
Browsing:
While browsing and using Open Assist Services, information about the items you browse, show interest in, and buy may be collected. Some Services may access the camera and/or microphone on your device and record your image and voice.
Open Assist collects personal information when you communicate with the company, participate in optional surveys, or join sweepstakes or contests. Additionally, the Services may provide forums, blogs, social media pages, or other channels where personal information may be shared publicly. Be cautious when sharing personal information in public forums, as Open Assist is not responsible for the personal information you choose to submit in these forums.
To request removal of your personal information from Open Assist blog or forum, email info@TheOpenAssist.com In some cases, Open Assist may not be able to remove your personal information, and you will be notified if that is the case and why.
Third Parties:
Third Parties Providing Services on Our Behalf. We may use third-party vendors to perform certain services on behalf of Open Assist, such as hosting the Services, designing and operating the Services’ features, tracking analytics, enabling us to send communications with you, or performing other administrative services. We may provide these vendors with access to user information, including personal information, to carry out the services they are performing for you or for Open Assist.
Legal Compliance and Protection:
Legal Compliance and Protection of Open Assist and Others. We may disclose your personal information when we believe in good faith that such disclosure is necessary to comply with a legal obligation, to protect and defend the rights or property of Open Assist, to enforce our User License Agreement, to act in urgent circumstances to protect the personal safety of users of the Services or the public, or to protect against legal liability.
Business Transfers:
In the event that Open Assist is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Open Assist assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your personal information held by Open Assist may be among the assets transferred, if required.
Aggregate or Anonymous Information:
We may also share aggregate, anonymous, or de-identified information about users with third parties for marketing, advertising, research, or similar purposes.
Legal Compliance:
With your explicit consent, Open Assist uses Stripe to gather data from financial institutions. By using our Services, you grant Open Assist and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy.
Open Assist does not engage in automated decision-making that has legal or similarly significant effects on individuals. Open Assist uses personal information to create de-identified, aggregated, or anonymized information, such as demographic information, de-identified location information, information about devices used to access our Services, and de-identified, aggregate, or anonymized information on transactions on our Services that help our users understand and optimize sales.
We may offer links to third-party websites or Services, which are not controlled by us and not subject to the protections laid out in this Privacy Policy. We neither endorse nor approve any third-party website, and we encourage our users to read the Privacy Policy of each service they interact with.
We may use third-party application programming interfaces (“APIs”) and software development kits (“SDKs”), which may allow third parties to collect personal information about you for various purposes such as verifying your business when you register with Open Assist as one of the four accounts, providing customized content, conducting analytics, or otherwise streamlining the Services.
We "share" information as defined by Texas law. We do not rent nor sell your personal information in personally identifiable form to anyone. Additionally, we disclose personal information as described above.
When you are granted payment terms by Open Assist or any of the third-party affiliates, we may share aggregated payment performance data with third-party service providers that report on payment performance to Open Assist and other businesses. We may also supply our partners with de-identified, aggregate, or anonymized information, including usage data, to help them understand the utilization of our Services and enhance your online experience.
We may permit advertisers and merchant partners to select the demographic information of users who will view their ads and promotional offers. By agreeing to this, you allow us to provide non-personally identifiable information to an advertiser for the selection of an appropriate audience. We may also use third-party advertising companies to ensure that our ads are relevant and interesting to you and our other users. These companies may collect data about you to create a profile based on your activities when using our Services. We may disclose your personal or other information, such as hashed email addresses or other unique identifiers, to third-party technology companies that help us personalize our services and ads.
We may share your information with our affiliated companies, and certain user profile information may be displayed to facilitate user interaction within the Services or to address your service requests. Remember that any content you upload to your public user profile becomes publicly available and can be collected and used by anyone. In the event of business transfers or changes of control, personal information may be one of the assets transferred to or acquired by a third party.
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with the law, enforce our Terms of Service, or protect the rights, property, or safety of our employees, users, or others. We may transfer your information globally, including to recipients outside the EEA or the United Kingdom, and we will protect your information as described in this Privacy Policy.
We do not knowingly collect personal information from anyone under the age of 18. To protect your account and personal information, we have provided you login procedures with Uniform Resource Locator (URL) or links. Open Assist cannot take responsibility for login URLs or links that are shared with third parties. We cannot guarantee complete security due to unauthorized entry or use, hardware or software failure, and other factors.
You may choose not to disclose information to us, but some information is required to register with us, use our Services, or take advantage of some of our features. You can manage your data and privacy rights, including data access, portability, correction, deletion, restriction, and objection to processing, by contacting us as described in this policy.
We will retain your information for as long as your account is active or as needed to provide you services. When we no longer require your personal information, we may delete, anonymize, or isolate it from further processing.
We may need to change this Privacy Policy from time to time, but we will alert you to material changes through various means. By using the Services after any changes to the Privacy Policy have been posted, you agree to the new Privacy Policy.
We provide tools to change, access, delete, or modify any of your personal information by logging into your account on the www.TheOpenAssist.com website. You may also email us at info@TheOpenAssist.com to exercise your rights related to your personal data. We employ industry-accepted standards in protecting your personal information during your use of the website and have established physical and electronic safeguards to protect your information.
Terms of Service
This Terms of Service User License Agreement (this “Agreement” or “Terms of Service”) is a binding agreement between you (“User” or “you”) and Agent Business Systems (“Company”). This Agreement governs your use of the Open Assist application (including but not limited to all related documentation and the web-based and/or mobile app-based and related services) (collectively, “Application” or “Open Assist Platform”), which is licensed, not sold, to you in accordance with the terms of this Agreement.
TERMS OF SERVICE FOR ALL USERS
USER REQUIREMENTS
Use Limited to Defined Users. In order to use the Application, you must be an Initiating User, Showing Agent, or Brokerage, all of which are defined exclusively as follows:
Initiating User refers to any individual who uses the Application to request the services of a licensed real estate agent from Open Assist . These services include facilitating access to residential real estate properties for potential renters, buyers, clients, or the Initiating User themselves. An Initiating User could be an Initiating Agent, Property Manager, or Client.
Initiating Agent refers to the real estate agent or broker who holds an active license in the State of Texas. This license allows them to represent both buyers and sellers in real estate transactions and grants them access to Multiple Listing Services regulated by the National Association of Realtors ("Licensed Real Estate Agent"). The Initiating Agent utilizes the Application as an Initiating User on behalf of potential buyers or other clients.
Property Manager refers to an individual or entity responsible for the management and supervision of real estate properties. They utilize the Application as an Initiating User to showcase properties to prospective tenants. Property Managers have the option to include their employees or independent contractors under their account as "Property Manager Agents."
Client refers to an individual or company seeking to view real estate properties. They independently use the Application as an Initiating User to search for properties on their own behalf.
Showing Agent refers to a Licensed Real Estate Agent responsible for facilitating property access for Initiating Users, known as "Showing Assist Services."
Brokerage(s) refers to a duly licensed real estate brokerage, whether an individual or a company, utilizing the Open Assist Platform. Among other services, Brokerages monitor their Brokerage Agents (defined below), who use the Agent Business Systems Platform as Showing Agents or Initiating Agents. Initiating Agents and Showing Agents who are employees or independent contractors of a Brokerage are also considered "Brokerage Agents."
Each entity involved, including Brokerage Agents, Showing Agents, Initiating Agents, Property Managers, Property Manager Agents, Clients, and Brokerages, has specific terms and conditions outlined in the Agreement, which are unique to their respective roles and responsibilities.
User Verification/Acknowledgment:
By clicking "UPDATE," regardless of how you are categorized as a user, you (A) acknowledge that you have read and understand this Agreement and the Privacy Policy (defined below); (B) confirm that you are 18 years of age or older and/or of legal age to enter into a binding agreement; and (C) accept this Agreement, agreeing that you are legally bound by its terms and any updates that may occur from time to time. By accessing or using the Application, you confirm your agreement to be bound by this Agreement and any updates thereof in accordance with its terms. If you do not agree to the terms of this Agreement or cannot make the representations and warranties stated herein, you may not access or use the Application and must cease your usage immediately. This Agreement supersedes any prior agreements or arrangements with you regarding the usage of the Open Assist Platform.
Licensure and Identity Verification:
You may undergo a review process whenever you attempt to use or physically use the Open Assist Platform. This process may involve various checks, including but not limited to identity verification and verification of real estate licensure using third-party services where appropriate ("Real Estate License Checks"). While Open Assist may conduct Real Estate License Checks, it cannot verify the identity or licensure claims of any User. Therefore, Open Assist does not assume responsibility for the accuracy or reliability of the Real Estate License Checks.
SHOWING AGENT SERVICES
The Initiating User requests Showing Agent Services for a specific individual at a particular property and time through the Open Assist Platform. This request is made available to all Showing Agents on the Application until a Showing Agent agrees to perform the requested services ("Relevant Showing Agent"). Initiating Users acknowledge that the Relevant Showing Agent (as well as all Showing Agents) does not act as an agent for any individuals for whom they provide services on behalf of the Initiating User.
Users who are not Licensed Real Estate Agents are not eligible to provide Showing Agent Services and can only utilize the Open Assist Platform as Initiating Users. Any User who does not undergo Real Estate License Checks and only provides identity information will be unable to access the Showing Agent section of the Open Assist Platform, as they are not qualified to provide Showing Agent Services. The functionalities of the Open Assist Platform are limited for Users who are not Licensed Real Estate Agents.
All Initiating Users agree to pay the specified amounts identified in the Open Assist Platform for the Showing Agent Services provided by the Relevant Showing Agent engaged through the Open Assist Platform. Payments are to be made promptly through Stripe or any other credit and/or debit processor contracted by the Company. No payment is due to the Relevant Showing Agent if they cancel before providing their services. Initiating Users may cancel or change their requested Showing Agent Services within ten minutes after the Relevant Showing Agent accepts the assignment without incurring charges. However, cancellations made greater than ten minutes after acceptance but between 30 minutes and two hours before the showing will incur a partial payment fee of $20. Cancellations made within 30 minutes of the showing will result in full charges.
OPEN ASSIST DOES NOT SUPERVISE, DIRECT, OR CONTROL ANY SHOWING AGENT’S SERVICES. THE COMPANY EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SHOWINGS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF GOOD WORKMANLIKE SERVICES, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAWS, STATUES, ORDINANCES, REGULATIONS OR CODES.
Purpose of Application:
Agreement of Limited Application Purpose, License, and Use:
The Company operates the Application as a digital marketplace platform accessible through various means, including mobile devices and web interfaces. Among its functions, the Open Assist Platform allows users to request and receive services from other individuals. By accessing and using the Open Assist Platform, you are granted a limited license to use it for these purposes, subject to the terms outlined herein (refer to License Grant and Limitations Section below).
You understand that the ability to request, obtain, or perform Showing Agent Services through the Open Assist Platform does not establish Open Assist as the requester or provider of such services. Open Assist does not request or provide Showing Agent Services but solely provides the Application.
YOU AGREE TO USE THE OPEN ASSIST APPLICATION EXCLUSIVELY FOR ITS INTENDED PURPOSE, WHICH IS TO CONNECT INITIATING USERS AND SHOWING AGENTS RESPONSIBLE FOR MAKING REPRESENTATIONS OF LICENSURE TO PROVIDE REAL ESTATE SERVICES. AGENT BUSINESS SYSTEMS MAKES NO AFFIRMATIVE REPRESENTATION REGARDING WHETHER INITIATING USERS (A) HAVE AN AGENCY AGREEMENT WITH ANY BROKER, (B) THE ACCURACY OF REPRESENTATIONS MADE BY USERS, (C) THE CAPABILITY OF THE SHOWING AGENTS TO FULFILL AGREED-UPON SERVICES, OR (D) THE POSSIBILITY OF COMPETITIVE INFORMATION DISCLOSURE BY SHOWING AGENTS, (WHICH IS STRICTLY PROHIBITED UNDER THIS AGREEMENT. ) THEREFORE, BOTH INITIATING USERS AND SHOWING AGENTS, (AND THEIR RESPECTIVE BROKERAGES, IF APPLICABLE) ARE STRONGLY ENCOURAGED TO CONDUCT THOROUGH DUE DILIGENCE BEFORE CONTRACTING FOR SERVICES.
You acknowledge that Open Assist and the Agent Business Systems Platform DO NOT SHOW REAL ESTATE, SELL REAL ESTATE OR PROVIDE ANY REAL ESTATE SERVICES. Agent Business Systems is not responsible for the performance or communication of its users, as it has no control over the quality, timing, legality, failure to provide, or any other aspect of Showing Agent Services.
Furthermore, you understand and acknowledge that the INITIATING USERS AND SHOWING AGENTS ARE NOT AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, PARTNERS, INDEPENDENT CONTRACTORS, OR EMPLOYEES OF OPEN ASSIST.
Additions and Modifications:
Users have the option to subscribe and gain access to specific features listed on our website at [https://OpenAssist.com]. Brokerages, exclusively, can unlock additional features and capabilities by subscribing to our premium services, also detailed on [https://openassist.com]. Please note that all features included in the subscription plans may be subject to modification. This includes potential removal of existing features and introduction of new ones, at the sole discretion of Open Assist, without prior notice to the User.
License Grant And Limitations:
Subject to your acceptance of the terms outlined in this Agreement, Open Assist grants you a limited, non-exclusive, and non-transferable license. This license allows you to access and utilize the Application online, or alternatively, to download, install, and use the Application on any device that you own or control ("Device"). This usage must strictly adhere to the terms specified in this Agreement. Furthermore, you are granted permission to access, stream, download, and/or utilize the Open Assist Platform, which is available within or accessible through the Application. This usage is also subject to compliance with this Agreement, the Privacy Policy, and any additional terms applicable to the Open Assist Platform.
Under no circumstances are you permitted to:
Copy the Application, unless expressly permitted by this license.
Modify, translate, adapt, or create derivative works or improvements of the Application, regardless of patentability.
Reverse engineer, disassemble, decompile, decode, or attempt to gain access to the source code of the Application or any part thereof.
Remove, delete, alter, or obscure any trademarks, copyright notices, or other intellectual property rights from the Application, including any copies thereof.
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Application or any of its features or functionality available to any third party for any reason.
Remove, disable, circumvent, or implement any workaround to copy protection, rights management, or security features protecting the Application.
Use the Application in any manner or for any purpose that infringes, misappropriates, or violates any intellectual property rights or other rights of any person, or that violates any applicable law.
Reservation of Rights:
You acknowledge and agree that the Application is provided under license and is not sold to you. Agent Business Systems reserves the right to cancel this license at any time, with or without notice or cause. You may terminate your license by deleting your account. Regardless of the circumstances, you do not acquire any ownership interest in the Application under this Agreement. You are granted only the right to use the Application according to the license granted and subject to all terms, conditions, and restrictions outlined in this Agreement. Agent Business Systems, along with its licensors and service providers, retains its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in this Agreement.
User Representations, Content, and Information:
As a User, you represent and warrant that:
You are at least 18 years old.
You agree to all terms and conditions applicable to you in this Agreement and various addendums.
You have the right, authority, and capacity to enter into and abide by this Agreement.
You will use your real, legal name on your account.
You will not use the Open Assist Platform to solicit for employment or induce other users to terminate their employment.
You will only provide Showing Assist Services in states where you are a Licensed Real Estate Agent.
You have obtained any necessary permissions, such as permission from your brokerage and/or your client, to use the Open Assist Platform.
You will respect the privacy, property, and data protection rights of Users and the people you may be performing Showing Assist Services for.
You will fulfill your commitments, communicate clearly and promptly, and be present and/or available at agreed-upon times.
You will act professionally and responsibly in your interactions with other Users, adhering to the Realtor Code of Ethics and any other applicable codes of ethics.
You will comply with all applicable laws and regulations when using the Open Assist Platform.
You agree to indemnify, defend, and hold harmless Open Assist from any losses, damages, liabilities, claims, and expenses arising from your breach of these representations and warranties, including misuse of the Application or breach of this Agreement. Open Assist assumes no responsibility for the content you submit through the Application.
User Content:
"User Content" refers to any text or graphic materials that you input into the Open Assist Platform or provide to Open Assist, its affiliates, or other users while using the Open Assist Platform. This includes any postings made as an Initiating User for any purpose. You are solely responsible for your User Content, and Open Assist acts as a conduit for the online distribution and publication of your User Content. By posting content on the Open Assist Platform, you grant Open Assist a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, modify, distribute, and exploit your User Content as necessary to provide it to others. Open Assist is not involved in creating or developing User Content and disclaims any responsibility for it. Open Assist reserves the right to remove or limit User Content at any time for any reason.
You represent and warrant that: (i) you own all User Content or have the necessary rights to grant Open Assist the license described above, and (ii) your User Content and its use by Open Assist will not infringe on any third party's rights or violate any laws.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or illegal, as determined by Open Assist in its sole discretion.
Collection and Use of Your Information:
When you download, install, or use the Application, Open Assist may collect information about your Device and usage through automatic means like cookies and web beacons. You may also need to provide certain information about yourself to use the Application's features. Any information collected is subject to Open Assist’s Privacy Policy, and by using the Application, you consent to Open Assist’ use of your information in accordance with the Privacy Policy.
Security:
If provided with a username, password, or any other information, you agree to keep it confidential and not disclose it to others. Your account is personal, and you agree not to share access with others. Notify Open Assist immediately of any unauthorized access or security breach. Open Assist reserves the right to disable any identifier, including usernames or passwords, at its discretion, especially in cases of violation of this Agreement.
Deletion and Cancellation:
Account Deletion: You can request the deletion of your account at any time. The Company may retain records of your account, such as your information, showing participation, payments made to you, or other payment details, in accordance with Agent Business Systems Privacy Policy.
Renewal and Cancellation of Subscriptions:
All subscriptions automatically renew at the end of the subscription period unless canceled before the end of the current period. Subscriptions can be canceled within the first thirty (30) days. Contact Agent Business Systems at https://AgentBusinessSystems.com/contact for cancellation instructions. Cancellation takes effect the day after the current subscription period ends, and you will be downgraded to the free version of the Agent Business Systems Platform or Brokerage Dashboard. Agent Business Systems does not provide refunds or credits for partial subscription periods.
Payments:
Payment Processing: Payment processing services for Initiating Users, Showing Agents, and Brokerage Solutions on the Agent Business Systems Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement. By agreeing to this Agreement or continuing to use the Agent Business Systems Platform and/or Brokerage Solution, you agree to the terms of the Stripe Services Agreement. You authorize Agent Business Systems to share accurate information about you and your business with Stripe for payment processing. Notify Agent Business Systems of any payment disputes within fourteen (14) days from the processing date, or you will be deemed to have accepted the payments. Agent Business Systems may change payment processing services at its discretion and without notice.
Prices:
Agent Business Systems may change the cost of Showing Assist Services and subscription fees from time to time and will communicate price changes in advance. Price changes for subscriptions will take effect at the start of the next subscription period. By continuing to use the Agent Business Systems Platform after the price change, you accept the new price. If you do not agree to a price change, unsubscribe before the change takes effect. Tax rates are based on the information provided and the applicable rate at the time of the monthly charge.
Automatic Payments for Subscriptions:
If you enroll in a subscription offered on the Agent Business Systems Platform, you authorize Agent Business Systems to initiate recurring charges from your specified credit card. The amount debited from your credit card annually will be the then balance on your account, as indicated on your Agent Business Systems invoice. Once your enrollment is processed, all payments will be automatically charged to the designated credit or debit card on the Agent Business Systems invoice due date, unless you terminate your authorization as described herein. Agent Business Systems will email a receipt annually detailing the fee paid. Your annual fee will be specified in your invoice. By enrolling in automatic payments, you agree to comply with any rules required by your debit or credit card issuer for pre-authorized transactions. You are responsible for any fees charged by your financial institution associated with the pre-authorized payment option.
You have the right to terminate your authorization at any time by contacting Agent Business Systems at https://AgentBusinessSystems.com/contact. You must update any changes to your credit/debit card and billing information by logging into your account at https://AgentBusinessSystems.com. Failure to update your payment information may result in late fees, returned item charges, or other fees assessed by your financial institution if Agent Business Systems is unable to process the payment. Agent Business Systems bears no liability for any losses incurred due to incorrectly billed items or delays in processing payments.
Agent Business Systems reserves the right to change these terms or terminate the automatic payment program at any time. Notice of any changes may be provided on or with your invoice or through other methods.
Application Details:
Agent Business Systems Platform Accessibility:
The Application is accessible via www.AgentBusinessSystems.com (the “Website”) and through downloading an application on your Device (the “Mobile App”)(in the future), where products and services are accessible. Additionally, certain features, functionality, and content accessible on or through the Application may be hosted on the Website or the Mobile App. Accessing and using the Agent Business Systems Platform may require you to acknowledge your acceptance of this Agreement and the Privacy Policy and/or create an account. Failure to do so may restrict your access to certain features and functionality of the Application.
Geographic Restrictions:
Agent Business Systems operates and provides access to the Agent Business Systems Platform only to users located in the United States. You acknowledge that accessing all or some of the Agent Business Systems Platform outside of the United States may not be possible and may not be legal in certain jurisdictions. If you access the Agent Business Systems Platform from outside the United States, you are responsible for complying with local laws.
Updates:
The company may, at its discretion, develop and provide Application updates, including upgrades, bug fixes, patches, and new features (collectively, "Updates"). Updates may modify or delete certain features and functionality. You agree that the Company is not obligated to provide Updates or continue to provide specific features or functionality. If you use the web-based Agent Business Systems Platform, updates will be automatic. For the Device-based Agent Business Systems Platform (in the future), you may receive notice to download and install available Updates. Failure to install Updates may result in improper operation of the Application.
Intellectual Property:
Agent Business Systems owns all rights, title, and interest, including intellectual property rights, in the Agent Business Systems Platform and Services. Third-party providers own rights to Third-Party Materials. If you believe User Contributions violate your copyright, please contact our legal department with a DMCA Notice.
Third-Party Materials:
The Application may display or provide access to third-party content or links to third-party websites or services ("Third-Party Materials"). Agent Business Systems is not responsible for Third-Party Materials, including their accuracy, legality, or quality. Third-party materials are provided for convenience and accessed at your own risk, subject to third parties' terms and conditions.
Termination of this Agreement:
Term and Termination:
This Agreement begins when you install the Application or acknowledge your acceptance and continues until terminated by you or the Company. You can terminate this Agreement by deleting your account in the Application and removing all copies of the Mobile App from your Device. The Company reserves the right to terminate this Agreement without notice or if it no longer supports the Application, at its sole discretion. Additionally, this Agreement will terminate immediately if you violate any of its terms and conditions. Upon termination, all rights granted to you under this Agreement cease, and you must stop using the Application and delete all copies of the Mobile App from your Device and account. Termination does not limit any of the Company's rights or remedies under the law or in equity.
Changes to this Agreement:
Agent Business Systems may revise or update this Agreement at its discretion. All changes are effective immediately upon Agent Business Systems posting a notice of such changes on its website. Your continued use of the Agent Business Systems Platform after the notice of a revised Application End User Agreement means you accept and agree to the changes.
MISCELLANEOUS
DISCLAIMER OF WARRANTIES. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE AGENT BUSINESS SYSTEMS PLATFORM AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR COMMISSIONS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Export Regulation.
The application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the application to, or make the application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing, or otherwise making the application available outside the US.
Severability.
If any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve the effect of the original term as close as possible. All other provisions of this agreement will continue in full force and effect.
Governing Law.
This agreement is governed by and constructed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this agreement or the application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Fort Lauderdale. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue in such courts.
Limitation of Time to File Claims.
Any cause of action or claim you may have arising out of or relating to this agreement or the application must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
Entire Agreement.
This agreement, including all relevant provisions depending on the user’s definition, and Agent Business Systems privacy policy constitutes the entire agreement between you and the company with respect to the application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the application.
Waiver.
No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this agreement and any applicable purchase or other terms, the terms of this agreement shall govern.
Notices.
You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this agreement refers electronically, including without limitation by email, text, or SMS or by Agent Business Systems posting notices on the application via banners or other methods. You agree that all notices that we provide electronically satisfy any legal requirement that such communication is in writing. Notices include any notice of updates to this agreement and the privacy policy.
Consent to Electronic Signatures. By using the Agent Business Systems platform, you agree to transact electronically through the Agent Business Systems platform. You also agree to the following: a) your electronic signature is the equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature, b) your use of a keypad, mount, or other devices to select an item, button, icon, or similar act/action constitutes your signature as if actually signed by you in writing, c) no certification authority or other third-party verification is necessary to validate your electronic signature, and d) the lack of such certificate or verification will not in any way affect the enforceability of your electronic signature.
Additional Terms for Showing Agents:
In addition to all other terms in this agreement, any user who is a Showing Agent agrees as follows:
You, as a Showing Agent, represent and warrant that you are a Licensed Real Estate Agent and adhere to the Realtor Code of Ethics.
You agree to act at the direction of and be limited to performing the Showing Assist Services, as detailed by the Initiating User, for the Initiating User you choose to engage with for a particular Showing Assist Services using the Agent Business Systems Platform (“Relevant Initiating User”).
You agree to remain at the real estate premises identified by the Relevant Initiating User during the viewing time identified by them.
You have any and all insurance required to perform the Showing Assist Services you elect to perform as the Showing Agent in any particular transaction.
You are not an agent or sub-agent of any Relevant Initiating User you engage with using the Agent Business Systems Platform.
You will not have any substantive discussion and/or answer any questions regarding the subject of real estate to an Initiating User’s client unless specifically requested by the Relevant Initiating User.
You agree to provide any questions of a substantive nature to a Relevant Initiating User.
You will not directly or indirectly solicit nor contact any Initiating User’s client for any reason, except to perform Showing Assist Services.
You shall be paid after completing the Showing Assist Services requested by the Initiating User or if the Relevant Initiating User cancels a showing within specified timeframes.
Any amounts due will be transferred automatically by STRIPE or any other credit and/or debit processor Agent Business Systems has contracted with to provide the service, minus transaction fees, to the bank account provided by the Showing Agent.
You agree that your Showing Assist Services provided to any Relevant Initiating User do not create an agency between you and the Relevant Initiating User and/or the Initiating User’s client.
You agree not to solicit the Initiating User’s client directly or indirectly for at least three years.
You acknowledge that any Initiating Users ARE NOT AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, PARTNERS, INDEPENDENT CONTRACTORS, OR EMPLOYEES OF AGENT BUSINESS SYSTEMS.
Additional Terms for Initiating Agents:
In addition to all other terms in this agreement, any user who is an Initiating Agent agrees as follows:
You, as an Initiating Agent, represent and warrant that you are a Licensed Real Estate Agent and adhere to the Realtor Code of Ethics.
You agree to inform any client you set up Showing Assist Services for that the Showing Agent is not their representative, and if needed, will request the Showing Agent execute a non-representation form.
You acknowledge that if neither you nor the Relevant Showing Agent are employed or otherwise affiliated with the same Brokerage, you agree to utilize the Agent Business Systems Platform only to direct the Relevant Showing Agent specifically to secure ingress and egress to the real estate premises identified by you for the Initiating Agent or the Initiating Agent’s client or as otherwise directed by the relevant Initiating Agent.
Additional Terms for Clients:
In addition to all other terms in this agreement, any user who is a Client agrees as follows:
You will not provide Showing Assist Services.
If you have a Licensed Real Estate Agent representing you, you represent and warrant that your Licensed Real Estate Agent approves of your usage of the Agent Business Systems Platform, and you agree that the Showing Agent is not your Licensed Real Estate Agent and is not allowed to have any substantive discussion and/or answer any questions regarding the subject of real estate with you unless specifically requested by your Licensed Real Estate Agent.
Upon request, you may receive non-representation, non-agency forms, or other similar forms from the Relevant Showing Agent or may need to execute such form. You agree to execute any non-representation, non-agency forms, or other similar forms when requested by Agent Business Systems or another User.
Additional Terms for Property Managers:
In addition to all other terms in this agreement, any user who is a Property Manager agrees as follows:
If you wish to access the Agent Business Systems platform as a Brokerage, you must create a property management account (“Property Management Account”) to access the property manager administrative dashboard of the Agent Business Systems Platform (“Property Manager Dashboard”).
As a Property Manager, you may add Property Manager Agents to your account, and you will have access to the details of the Property Manager Agents’ usage of the Application.
You may delete your Property Management Account with Agent Business Systems at any time in accordance with this Agreement. If a Property Manager deletes its Property Management Account, its Property Manager Agents will have the option to remain as a user of Agent Business Systems under this Agreement.
All capabilities and features of the Property Manager Dashboard and all Property Management Accounts are subject to change without notice to the User and at Agent Business Systems sole discretion.
Additional Terms for Brokerage:
In addition to all other terms in this agreement, any user who is a Brokerage agrees as follows:
If you wish to access the Agent Business Systems platform as a Brokerage, you must create a Brokerage account (“Brokerage Account”) to access the brokerage administrative dashboard of the Agent Business Systems Platform (“Brokerage Dashboard”).
Agent Business Systems provides the Brokerage Dashboard with different capabilities depending on the type of brokerage account created and if a subscription payment is made. The costs and capabilities of the different Brokerage Accounts are detailed at https://AgentBusinessSystems.com
You may delete your Brokerage Account with Agent Business Systems at any time in accordance with this Agreement. If a Brokerage deletes its Brokerage Account, its Brokerage Agents will have the option to remain as a user of Agent Business Systems under this Agreement.
All capabilities and features of the Brokerage Dashboard and all Brokerage Accounts (including Brokerage Solutions) are subject to change without notice to the User and at Agent Business Systems sole discretion.
The Brokerage Solution fee is the monthly or yearly subscription fee to access capabilities and is a set fee based on the number of Brokerage Agents a Brokerage has and is detailed at [https://AgentBusinessSystems.com Payment of the Brokerage Solution subscription fee shall be subject to the Price and Payment of Subscription Terms in this Agreement.
Additional Terms for Brokerage Agent:
In addition to all other terms in this Agreement (including the Specific Terms for Showing Agent Users and/or Initiating Agents if applicable), any user who is a Brokerage Agent agrees as follows:
As a Brokerage Agent, you acknowledge your Brokerage has access to reports based on any information generated by you, any other person or entity inputting information about you, or information generated by the Company.
A Brokerage is also able to add or delete you as a Brokerage Agent of the Brokerage.
Your Brokerage may have additional capabilities, including viewing all showings you have requested or done, receiving payment for completed showings, and scheduling showings on your behalf.
If your Brokerage informs Agent Business Systems that all its Brokerage Agents should be paid through the Brokerage, Agent Business Systems shall remit all payments for showings to the Brokerage.
If your Brokerage terminates its access to the Brokerage Solution or Brokerage Dashboard or removes you as a Brokerage Agent of the Brokerage, you are responsible for determining if you are still allowed to use the Agent Business Systems Platform.