Terms of Service

Posted/Revised: July 2, 2026 · Originally posted: September 24, 2019

This revised version is effective immediately for customers who first accept it on or after July 2, 2026. For customers who accepted an earlier version, this revision becomes effective 30 days after posted notice, as provided in Section 18.12 below. A summary of changes appears at the end of this page.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO” (OR BY ACCEPTING THESE TERMS DURING SIGN-UP), CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.

These Terms of Service constitute an agreement (this “Agreement”) by and between RealtyPass, Inc. a Delaware company (“Provider”) and the corporation, LLC, partnership, sole proprietorship, or other business entity or individual executing this Agreement (“Customer”). This Agreement is effective as of the date Customer clicks “Accepted and Agreed To” (the “Effective Date”). Customer’s use of and Provider’s provision of Provider’s System (as defined below in Section 1.6) are governed by this Agreement.

EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON EXECUTING THIS AGREEMENT ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS.

If the parties have separately signed a written agreement covering the System (such as a Software Service and Trademark License Agreement), that signed agreement governs to the extent it conflicts with this Agreement; for all other customers, this Agreement — together with the plan selected at checkout — is the complete agreement for the System.

1. Definitions

The following capitalized terms shall have the following meanings whenever used in this Agreement.

1.1. “AUP” means Provider’s acceptable use policy, currently posted at www.realtypass.com/acceptable-use.html.

1.2. “Customer Data” means data in electronic form input or collected through the System by or from Customer, including without limitation by Customer’s Users.

1.3. “Documentation” means Provider’s standard manual and other documentation related to use of the System, if applicable.

1.4. “Order” means an order for access to the System, including the subscription plan, billing interval, and any add-ons Customer selects at checkout or subsequently within the System.

1.5. “Privacy Policy” means Provider’s privacy policy, currently posted at www.realtypass.com/privacy.html.

1.6. “System” means Provider’s cloud-based software services for real estate professionals and related services.

1.7. “Term” is defined in Section 11.1 below.

1.8. “User” means any individual who uses the System on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.

2. The System

2.1. Use of the System. During the Term, Customer may access and use the System pursuant to: (a) the terms of any outstanding Order, including such features and functions as the Order requires; and (b) Provider’s policies posted on its Website, as such policies may be updated from time to time.

2.2. Service Levels. In the event of any significant service failure, Provider will issue Customer such credits as reasonably determined by Provider in good faith. Any credits issued will apply to outstanding or future payments only and are forfeited upon termination of this Agreement. Provider is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation termination of this Agreement. Credits issued are Customer’s sole remedy for the significant service failure in question.

2.3. Documentation: Customer may reproduce and use the Documentation solely as necessary to support Users’ use of the System.

2.4. System Revisions. Provider may revise System features and functions at any time.

2.5. Beta Features. Provider may make features identified as beta, preview, pilot, or early access available to Customer. Beta features are provided AS-IS, may be changed or discontinued at any time without notice, and are excluded from any service commitments in this Agreement.

3. Fees & Payment

3.1. Subscription Fees. Customer shall pay the recurring fees for its selected plan as presented at checkout and listed at www.realtypass.com/pricing.html (the “Subscription Fee”). Plans billed per producing agent are measured automatically each billing cycle: a “Producing Agent” is a User who owns one or more active transactions during that cycle, and each plan’s stated minimum number of Producing Agents applies regardless of the measured count. Because the measured count can change, the amount charged each cycle may vary. Subscriptions renew automatically each billing cycle at the then-current rates until cancelled.

3.2. Usage & Add-On Fees. Usage beyond plan allowances — including AI document processing, CMA reports, virtual staging, and electronic-signature envelopes — is charged automatically at the per-unit rates posted on the Pricing page, and optional add-ons (such as the IDX data feed and additional agent websites) are charged at the posted monthly rates, in each case added to Customer’s next invoice. Add-on quantities adjust automatically with Customer’s activation state. Coordinator accounts on pay-as-you-go pricing authorize an automatic per-transaction platform fee, at the posted rate, charged when a transaction is accepted through the System.

3.3. Payment Authorization. By saving a payment method, Customer authorizes Provider and its payment processor (Stripe, Inc.) to charge that payment method for all amounts described in this Article 3 — including recurring Subscription Fees, metered usage, add-ons, and per-transaction platform fees — including charges initiated when Customer is not present online.

3.4. Trials. Trial subscriptions do not require a payment method and convert to paid subscriptions only after Customer adds a payment method. Provider will send notice to Customer’s account email before the first charge following a trial.

3.5. Cancellation; No Partial Refunds. Customer may cancel its subscription at any time through Settings → Plans & Billing in the System or through the billing portal. Cancellation takes effect at the end of the current billing cycle, and plan downgrades take effect at the start of the next billing cycle. Upgrades take effect immediately and are prorated for the remainder of the cycle. Except where required by law, fees are non-refundable and no refunds or credits are provided for partial billing cycles or unused allowances.

3.6. Taxes. Fees are exclusive of taxes. Customer is responsible for all applicable sales, use, and similar taxes arising from its purchase, excluding taxes on Provider’s net income.

3.7. Payment Disputes. Customer agrees to contact Provider to resolve billing questions before initiating a chargeback. Provider may suspend the account of, and recover its reasonable costs from, any Customer that initiates an illegitimate chargeback.

4. Customer Data & Privacy

4.1. Use of Customer Name and Logo for Promotional Activities. Despite any provision in this Agreement to the contrary, Customer hereby grants to Provider the right to use Customer’s name and logo on Provider’s Website and on Provider’s email campaigns, flyers and other promotional items and media. Customer agrees that such use by Provider does not infringe upon Customer’s trademark, copyright, moral or other rights and that Customer will not assert such rights in respect to such use. If Customer does not wish to have Customer’s name and/or logo published in any of these manners for Provider’s marketing and promotional purposes, then Customer must provide notice to Provider via e-mail at the following address: support@RealtyPass.com. After receipt of such notice from Customer, Provider will remove Customer’s name and logo from Provider’s promotional items and media within a commercially reasonable time period. This does not require Provider to cease such use on items or media that have already been substantially prepared or published on the date of Provider’s receipt of such notice.

4.2. Other Use of Customer Data. Customer acknowledges and agrees that Provider shall have the right to: (a) access, process, and otherwise use any Customer Data as necessary to facilitate the System; (b) grant access to Customer Data by subcontractors (and Provider may endeavor to have such subcontracts sign reasonable nondisclosure agreements); and (c) access, process and otherwise use Customer Data as described in the Privacy Policy. Moreover, Provider may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Provider shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.

4.3. Privacy Policy. The Privacy Policy applies only to the System and does not apply to any third party website or service linked to the System or recommended or referred to through the System or by Provider’s staff.

4.4. Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes such risks. Provider offers no representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.

4.5. Data Accuracy. Provider shall have no responsibility or liability for the accuracy of data uploaded to the System by Customer, including without limitation Customer Data and any other data uploaded by Users.

4.6. Data Deletion. Provider may but is not required to retain Customer Data after termination or expiration of this Agreement for up to five years. Provider may charge a fee that Provider deems reasonable for Customer’s access to such Customer Data after termination or expiration. Provider may provide such data in read-only format. Customer, not Provider, is solely responsible and liable for compliance with applicable laws regarding document retention.

4.7. Excluded Data. Customer represents and warrants that Customer Data does not and will not include, and Customer has not and shall not upload or transmit to Provider’s computers or other media, any data (“Excluded Data”) regulated pursuant to relevant excluded data laws — other than information the System expressly requests and provides designated fields for (such as commission-disbursement bank details), which Provider handles as described in the Privacy Policy. CUSTOMER RECOGNIZES AND AGREES THAT: (a) PROVIDER HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA; AND (b) PROVIDER’S SYSTEMS ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.

4.8. Aggregate & Anonymized Data. Notwithstanding the provisions above of this Article 4, Provider may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. (“Aggregate Data” refers to Customer Data with the following removed: personally identifiable information and the names and addresses of Customer and any of its Users or customers.)

5. Customer’s Responsibilities & Restrictions

5.1. Acceptable Use. Customer shall comply with the AUP. Customer shall not: (a) use the System for service bureau or time-sharing purposes or in any other way allow third parties to exploit the System; (b) provide System passwords or other log-in information to any third party; (c) share non-public System features or content with any third party; or (d) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. In the event that it suspects any breach of the requirements of this Section 5.1, including without limitation by Users, Provider may suspend Customer’s access to the System without advanced notice, in addition to such other remedies as Provider may have. Neither this Agreement nor the AUP requires that Provider take any action against Customer or any User or other third party for violating the AUP, this Section 5.1, or this Agreement, but Provider is free to take any such action it sees fit.

5.2. Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other log-in information. Customer shall notify Provider immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach.

5.3. Compliance with Laws. In its use of the System, Customer shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data.

5.4. Users & System Access. Customer is responsible and liable for: (a) Users’ use of the System, including without limitation unauthorized User conduct and any User conduct that would violate the AUP or the requirements of this Agreement applicable to Customer; and (b) any use of the System through Customer’s account, whether authorized or unauthorized.

6. IP & Feedback

6.1. IP Rights to the System. Provider retains all right, title, and interest in and to the System, including without limitation all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant Customer any intellectual property license or rights in or to the System or any of its components. Customer recognizes that the System and its components are protected by copyright and other laws.

6.2. Feedback. Provider has not agreed to and does not agree to treat as confidential any Feedback (as defined below) Customer or Users provide to Provider, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Provider’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting Customer or the User in question. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Provider’s products or services.)

7. Confidential Information

“Confidential Information” refers to the following items Provider discloses to Customer: (a) any document Provider marks “Confidential”; (b) any information Provider orally designates as “Confidential” at the time of disclosure, provided Provider confirms such designation in writing within 15 business days; (c) the Documentation, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information disclosed by Provider, whether or not marked or designated “Confidential.” Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Customer’s possession at the time of disclosure; (ii) is independently developed by Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Customer’s improper action or inaction; or (iv) is approved for release in writing by Customer.

7.1. Nondisclosure. Customer shall not use Confidential Information for any purpose other than to accomplish the express purposes of this Agreement (the “Purpose”). Customer: (a) shall not disclose Confidential Information to any employee or contractor of Customer unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with Customer with terms no less restrictive than those of this Article 7; and (b) shall not disclose Confidential Information to any other third party without Provider’s prior written consent. Without limiting the generality of the foregoing, Customer shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. Customer shall promptly notify Provider of any misuse or misappropriation of Confidential Information that comes to Customer’s attention. Notwithstanding the foregoing, Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Customer shall give Provider prompt notice of any such legal or governmental demand and reasonably cooperate with Provider in any effort to seek a protective order or otherwise to contest such required disclosure, at Provider’s expense.

7.2. Injunction. Customer agrees that breach of this Article 7 would cause Provider irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Provider will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.

7.3. Termination & Return. With respect to each item of Confidential Information, the obligations of Section 7.1 above (Nondisclosure) shall continue for as long as Customer possesses Confidential Information in any form. Upon termination of this Agreement, Customer shall return all copies of Confidential Information to Provider or certify, in writing, the destruction thereof.

7.4. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Provider will retain all right, title, and interest in and to all Confidential Information.

8. Representations & Warranties

8.1. From Provider. Provider represents and warrants that it is the owner of the System and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Provider’s representations and warranties in the preceding sentence do not apply to use of the System in combination with hardware or software not provided by Provider. In the event of a breach of the warranty in this Section 8.1, Provider, at its own expense, will promptly take the following actions: (a) secure for Customer the right to continue using the System; (b) replace or modify the System to make it noninfringing; or (c) terminate the infringing features of the Service and refund to Customer any prepaid fees for such features, in proportion to the portion of the Term left after such termination. In conjunction with Customer’s right to terminate for breach where applicable, the preceding sentence states Provider’s sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 8.1 and for potential or actual intellectual property infringement by the System.

8.2. From Customer. Customer represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; and (c) it is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.

8.3. Warranty Disclaimers. CUSTOMER ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.

9. Indemnification

Customer shall defend, indemnify, and hold harmless Provider and the Provider Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Customer’s alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims by Users or by Customer’s employees, as well as by Customer’s own customers; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Customer’s account, including without limitation by Customer Data; (d) claims related to loss, deletion or destruction of Customer Data or documentation; and (e) claims that use of the System through Customer’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Provider’s negligence. Customer’s obligations set forth in this Article 9 include retention and payment of attorneys and payment of court costs, as well as settlement at Customer’s expense and payment of judgments. Provider will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “Provider Associates” are Provider’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)

10. Limitation of Liability

10.1. Dollar Cap. PROVIDER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY POLICIES REFERENCED IN THIS AGREEMENT (SUCH AS THE PRIVACY POLICY AND ACCEPTABLE USE POLICY) WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR $1,000 IF GREATER).

10.2. Exclusion of Consequential Damages. IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

10.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 10 APPLY WITHOUT LIMITATION: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 10, Provider’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Provider’s liability limits and other rights set forth in this Article 10 apply likewise to Provider’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

11. Term & Termination

11.1. Term. The term of this Agreement (the “Term”) commences on the Effective Date and continues in billing cycles matching the interval of Customer’s Order (monthly or annual). The Term renews automatically for successive billing cycles until Customer cancels as described in Section 3.5 or this Agreement is otherwise terminated. If the parties signed a separate written agreement setting a different term, that agreement controls.

11.2. Termination. Customer may terminate this Agreement at any time by cancelling its subscription as described in Section 3.5. Either party may terminate this Agreement for the other party’s material breach on 30 days’ written notice if the breach is not cured within the notice period, and Provider may suspend or terminate immediately for breach of the AUP or Section 5.1 or for non-payment as provided in this Agreement.

11.3. Effects of Termination. Upon termination of this Agreement, Customer shall cease all use of the System and delete, destroy, or return all copies of the Documentation in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) Articles and Sections 6 (IP & Feedback), 7 (Confidential Information), 8.3 (Warranty Disclaimers), 9 (Indemnification), 10 (Limitation of Liability), 12.3 (Signature Records), and 15 (MLS & Listing Data) to the extent applicable; and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.

12. Electronic Signatures

12.1. Consent to Electronic Transactions. The System includes electronic-signature features. Customer, its Users, and each individual who signs a document through the System consent to conduct the relevant transaction electronically and intend electronic signatures made through the System to be valid and binding to the fullest extent permitted by the federal ESIGN Act, UETA, and other applicable law.

12.2. Customer Authority. Customer is solely responsible for the documents it sends for signature, warrants that it is authorized to request each signature, and is responsible for compliance of the underlying documents with applicable law and any applicable form-license terms. Provider is not a party to any document signed through the System and makes no representation regarding its enforceability.

12.3. Signature Records. The System collects and retains an audit trail for each signer — including name, email address, IP address, timestamps, and verification events — as part of the signed record, as described in the Privacy Policy. Signers who are not Customer’s Users interact with the System subject to this Article and the Privacy Policy.

13. Communications Compliance

The System can send emails and text messages that Customer composes or schedules to Customer’s own contacts. Customer — not Provider — is the sender of those communications and is solely responsible for their content and lawfulness, including obtaining any recipient consents required by the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable state law; honoring opt-outs promptly; and cooperating with any carrier registration requirements. The AUP’s messaging rules apply to all use of these features.

14. AI Features

14.1. Nature of AI Output. The System includes features that use artificial intelligence — including document data extraction, suggested milestones and deadlines, suggested replies, generated listing descriptions, and virtual staging. AI-generated output may be inaccurate, incomplete, or outdated. Customer must review all AI output before relying on it or publishing it, including without limitation any extracted dates or deadlines. AI output is not legal, financial, brokerage, or other professional advice.

14.2. Processing. Content submitted to AI features may be processed by third-party AI providers solely to deliver the feature, as described in the Privacy Policy.

14.3. Altered Imagery. Customer is responsible for disclosing virtually staged or AI-altered property images where required by law, MLS rules, or industry standards, and shall not use such imagery to misrepresent the condition of a property.

15. MLS & Listing Data

Listing data available through the System is licensed from multiple listing services and data licensors. Customer may use listing data only for the purposes permitted by its own MLS participation and the applicable MLS rules; Customer shall not scrape, bulk-export, retain after termination, resell, or redistribute listing data. Listing data is provided AS-IS, and availability of any data feed depends on Provider’s and Customer’s continued authorization from the applicable MLS, which may be modified or revoked. The applicable MLSs and data licensors are intended third-party beneficiaries of this Article.

16. Referrals & Coordinator Network

16.1. Platform Only. Provider operates a technology platform. Provider is not a real estate broker, is not a party to any referral arrangement, coordination engagement, or transaction facilitated through the System, and does not guarantee the performance, quality, or compliance of any User, referral partner, or transaction coordinator.

16.2. Referrals. Referral and lead-sharing features are for use between appropriately licensed real estate professionals. Customer is solely responsible for the lawfulness of any referral-fee arrangement, including compliance with RESPA and state license law.

16.3. Coordinators. Transaction coordinators offering services through the System are independent contractors, not employees or agents of Provider. The engagement is solely between Customer and the coordinator. Platform fees for coordinator transactions are described in Section 3.2.

16.4. Promotional Credits. Referral rewards and promotional credits (such as “Keys”) have no cash value, are non-transferable, may expire or be modified by Provider at any time, and are void where prohibited or where obtained through self-referral or other abuse.

17. Customer Websites & Copyright

17.1. Customer Sites. The System can host websites for Customer and its agents. Customer is responsible for all content published on such sites — including listings, biographies, testimonials, and marketing copy — and for its compliance with applicable law, including fair-housing and real estate advertising and license-display requirements. Provider may suspend any site that violates this Agreement or the AUP.

17.2. Copyright Complaints (DMCA). Provider responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Notices and counter-notices should be sent to Provider’s designated agent: RealtyPass, Inc., Attn: DMCA Agent, 13500 Bel Red Road #4, Bellevue, WA 98005; support@realtypass.com. Provider may remove or disable access to allegedly infringing material and will terminate the accounts of repeat infringers in appropriate circumstances.

18. Miscellaneous

18.1. Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf. The parties agree that no Provider employee or contractor will be an employee of Customer.

18.2. Notices. Provider may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this Agreement to Provider at the following email address support@realtypass.com, and such notices will be deemed received 72 hours after they are sent.

18.3. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

18.4. Assignment & Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without Provider’s express written consent. Except to the extent forbidden in this Section 18.4, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.

18.5. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

18.6. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

18.7. Choice of Law & Jurisdiction: This Agreement will be governed solely by the internal laws of the State of Washington, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of King County, Washington.

18.8. Conflicts. In the event of any conflict between this Agreement and any Provider policy posted online, including without limitation the AUP or Privacy Policy, the terms of this Agreement will govern.

18.9. Construction. The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason of authorship.

18.10. Technology Export. Customer shall not: (a) permit any third party to access or use the System in violation of any U.S. law or regulation; or (b) export any software provided by Provider or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the System in, or export such software to, a country subject to a United States embargo.

18.11. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

18.12. Amendment. Provider may amend this Agreement from time to time by posting an amended version at its Website and sending Customer written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Provider written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Term following the Proposed Amendment Date (unless Customer first terminates this Agreement pursuant to Article 11, Term & Termination). Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions of this Section 18.12, Provider may revise the Privacy Policy and Acceptable Use Policy at any time by posting a new version of either at the Website, and such new version will become effective on the date it is posted.

18.13. Other Customers. Customer acknowledges and agrees that Provider (and its affiliate(s)) may provide the System (or any similar or identical system under the same or any different brand) to other customers wherever they are located, regardless of their proximity to Customer. Customer hereby waives and agrees not to assert legal rights based on such relationships or competition.

Revision History

July 2, 2026 — Revised for the current self-serve platform: replaced references to a separately signed “Other Agreement” with direct commercial terms; new Article 3 (Fees & Payment) covering auto-renewal, per-producing-agent measurement, metered usage and add-ons, saved-payment-method authorization, trials, cancellation, taxes, and payment disputes; new Section 2.5 (Beta Features); self-serve Term & Termination (Article 11); updated liability cap (Section 10.1); new Articles 12–17 covering Electronic Signatures, Communications Compliance, AI Features, MLS & Listing Data, Referrals & Coordinator Network, and Customer Websites & Copyright (DMCA); corrected the notices address; clarified Excluded Data (Section 4.7); linked the posted AUP and Privacy Policy.

September 24, 2019 — Original version.

Download the original September 24, 2019 version (PDF)