Website Terms Of Use And Subscription Agreement

1.1Definitions.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Techy Broker, where “control” means ownership of more than fifty percent (50%) of the voting interests of an entity or the power to direct its management and policies, whether by contract or otherwise.

“AI Features” means any functionality of the Services that uses machine learning, large language models, AI agents or other automated or probabilistic systems.

“Authorized Outreach” means Communications that Techy Broker sends or causes to be sent on your behalf through AI Features or other automated features you enable under Section 4.

“Client” means any actual or prospective buyer, seller, landlord, tenant, borrower, Lead or other person or entity whom you represent, serve, market to or communicate with, or about whom you submit information, through the Services.

“Communication” means any email, text message, call, voicemail, chat, message, follow-up, reply, reminder, scheduling request or other communication sent to or received from a Client or other Recipient through the Services.

“Estimate” means any valuation, broker opinion of value, BOV or listing presentation, market report, comparable-sales analysis, rent estimate, seller net sheet, buyer cash-to-close, mortgage payment, commission split, offer comparison, “Your Year on eXp” or other income comparison, or other calculation, projection or estimate generated by or through the Services.

“Lead Products” means seller, buyer, mortgage, high-equity, distressed, vacant, absentee-owner, divorce, cash-buyer and other prospect lists, contact records and related data (each record, a “Lead”) made available by or through Techy Broker, including through FreshLeadsToday or any other lead platform Techy Broker designates, whether purchased, discounted or provided free of charge.

“Order” means a checkout page, order form or online purchase flow accepted by you that identifies the Services, plan and fees.

“Output” means any content, Communication, summary, classification, match, Estimate, report or other material generated by or through the Services, including by AI Features.

“Platform” means the Website, the Techy Broker agent portal, calculators, applications, AI agents, software, databases and related technology.

“Property Data” means property, ownership, deed, mortgage, tax, assessment, listing, MLS, sales, comparable, rental, market, demographic and similar information relating to real property, from whatever source.

“Protected Parties” has the meaning in Section 16.1.

“Recipient” means any person to whom a Communication is sent.

“Services” means the Platform features, calculators, presentation, report, listing-content and video tools, AI Features, CRM setup, technical support, training content, Lead Products, add-ons and related services made available by Techy Broker under your plan, as they exist from time to time.

“Subscriber Content” means all information and materials that you or anyone acting for you submit to the Services, including your name, photo, brokerage name, license information, biography, brand assets, listing information, property photos and videos, Client information and contact lists, contract and transaction information, voice recordings, booking links, instructions and approved templates.

“Team Benefits” means the discounted pricing, CRM setup, technical support, Lead Product benefits and other benefits made available to Team Members as described at checkout or in Team Program materials.

“Team Program” means the Techy Broker real estate team affiliated with eXp Realty, LLC, and “Team Member” means a Subscriber who is a licensee affiliated with eXp Realty, LLC through the Team Program and is in good standing with it.

“Third-Party Data” means Property Data, Lead Products and other data, content or services provided by county recorders, assessors and other government systems, multiple listing services (“MLSs”), data vendors, AI model providers, CRM, email, telephony, calendar and video providers, payment processors or other third parties (“Third-Party Providers”).

“Transaction” means any listing, purchase, sale, lease, financing, referral, representation or other real estate transaction or engagement between you and any Client or other person.

“Website” means techybroker.com, jointechybroker.com and techybroker.vercel.app, their subdomains, and any successor or related website operated by Techy Broker.

1.2Nature of the Services. Techy Broker is a technology, software, marketing, training and support services company for real estate professionals. Techy Broker provides calculators, presentation, report, listing-content and video tools, AI Features, CRM setup and technical support, and access to Lead Products. Techy Broker is not a real estate brokerage and does not perform licensed real estate activity under these Terms; is not a law firm, appraiser, mortgage lender, mortgage broker, loan originator, title or escrow agent, inspector, tax adviser or financial adviser; does not provide legal, tax, lending, appraisal, accounting, investment or financial advice; does not represent any party to any Transaction; and does not recommend or refer any Client, settlement service provider or Transaction to you.

1.3No Guaranteed Results. Techy Broker does not promise or guarantee any number, quality or type of Leads, Clients contacted, Communications delivered, responses, appointments, listings, Transactions, closings, commissions, income, revenue share, stock awards or other results, or any data, market or geographic coverage. Statistics, examples, testimonials, projections, commission, cap, revenue share, stock and income illustrations, and descriptions of results on the Website or in sales or recruiting materials are illustrative only and are not part of these Terms.

1.4Current and Future Features. The Services consist only of features generally available to your plan at the time of use. Features described as planned, beta, pilot, preview or “coming soon” (“Beta Features”) are provided, if at all, in Techy Broker’s sole discretion, without warranty or support, and may be modified or withdrawn at any time. Your purchase is not contingent on delivery of any future functionality or on any statement by Techy Broker about future features. Data sources and integrations are as Techy Broker determines from time to time.

2.1Eligibility. You must be at least 18 years old and have reached the age of majority in your jurisdiction of residence, have capacity to contract, not be barred from receiving the Services under applicable law or sanctions, and, where you use the Services in connection with real estate activity, hold and maintain in good standing all real estate licenses and authorizations required in each jurisdiction in which you operate and be affiliated with a sponsoring or managing broker where required by law.

2.2Account Information. You shall provide and maintain complete, current and accurate account, professional, contact and billing information.

2.3Credentials. You are solely responsible for the confidentiality of your credentials and for all activities, Communications, instructions and charges under your account, whether or not authorized by you, and shall notify Techy Broker promptly of any unauthorized use. Techy Broker is not liable for any loss arising from use of your credentials.

2.4Verification and Refusal. Techy Broker may, but has no obligation to, verify identity, credentials, licensure or other information, request supporting documentation, and refuse, suspend or close any account in its sole discretion, including where Techy Broker believes an account presents legal, regulatory, security, ethical or reputational risk. Any verification is solely for Techy Broker’s internal purposes and is not a representation to you or any third party.

2.5No Sharing. Accounts and seats are personal to the named Subscriber or the individual assigned to each seat and may not be transferred, shared or used by others without Techy Broker’s prior written consent.

3.1Subscriber Content. You represent, warrant and covenant that all Subscriber Content is and will remain true, accurate, complete, current and not misleading; was lawfully obtained; does not infringe or violate any intellectual property, privacy, publicity, confidentiality or other right; and that you have all rights and consents needed for Techy Broker to use it as contemplated by these Terms. You shall not claim, or permit Techy Broker to communicate, any license, designation, certification, award, production or sales volume, ranking, brokerage or team affiliation, transaction history or endorsement that you do not actually and currently possess, and shall not submit any listing information, photo or video that misrepresents any property. You represent that you have all rights, licenses and consents (including from photographers, sellers, MLSs and Clients) needed to use listing photos, videos and other Subscriber Content with the Services. You shall promptly update Subscriber Content that becomes inaccurate. Techy Broker may rely on Subscriber Content as submitted without any duty to investigate.

3.2Professional Responsibility; No License Verification or Supervision. You are solely responsible for your licenses, broker supervision, agency relationships and disclosures, fiduciary duties, advertising, fair housing compliance, Client communications, contracts, deadlines, fees and the services you provide to any Client or other person. Techy Broker has no obligation to, and does not, verify your identity, licensure, brokerage affiliation or qualifications, supervise your activities, or review your Transactions. No Output, Estimate, Lead or other material is a representation by Techy Broker that you are licensed or qualified for, or authorized to act in, any Transaction or jurisdiction. Any verification Techy Broker elects to perform under Section 2.4 is solely for its internal purposes and creates no duty to you or any third party.

3.3Removal; No Monitoring. Techy Broker may, without liability, refuse, edit for format or accuracy, remove or decline to use any Subscriber Content that Techy Broker believes is or may be inaccurate, misleading, unlawful, noncompliant or harmful. Techy Broker has no obligation to monitor or review Subscriber Content.

3.4License. As between the parties, you retain ownership of Subscriber Content. You grant Techy Broker, its Affiliates and their service providers a worldwide, nonexclusive, royalty-free, fully paid license (sublicensable to service providers acting for Techy Broker) to host, store, copy, format, analyze, summarize, adapt, create derivative works of, display, transmit and otherwise use Subscriber Content (a) to provide, operate, secure, support, maintain and improve the Services, including to train, tune and evaluate Techy Broker’s own models and AI Features; (b) to include in Outputs you create and to transmit to Clients and other Recipients in Authorized Outreach and scheduling; (c) to comply with law, enforce these Terms and defend claims; and (d) to create Aggregated Data under Section 12.3. This license continues for the term of your account and thereafter for so long as Techy Broker reasonably requires for archival, backup, suppression, audit, legal-compliance and dispute purposes, and is perpetual and irrevocable as to Aggregated Data and Communications already sent. You authorize display and disclosure of your name, photo, brokerage name, license information, biography, contact details, booking link and other designated information in Outputs and in Communications sent on your behalf. Techy Broker will not sell your Client information or contact lists as a standalone data product, or permit third-party AI providers to train their general-purpose models on your nonpublic Subscriber Content, without your authorization. This Section 3.4 does not apply to Google User Data, which is governed exclusively by Section 13.5.

4.1Appointment. If you enable any AI agent or automated communication feature (including any AI inside sales agent, AI transaction coordinator or similar feature), you expressly authorize and direct Techy Broker, acting through its personnel, automated systems and AI agents, as your limited, nonexclusive service provider to: (a) receive, read, classify and respond to inquiries and Leads that you route to the Services; (b) draft, personalize and transmit Communications and follow-ups that identify and describe you, your brokerage and your listings or services; (c) answer routine questions about you, your listings, availability and booking process using Subscriber Content; (d) send transaction reminders, deadline notices and document requests to persons you designate; (e) populate forms and records with information you provide; and (f) offer your booking link and schedule appointments.

4.2Outreach Parameters and Approval. You approve the nature and scope of Authorized Outreach by selecting and maintaining your markets, Lead sources, contact lists, scripts, templates, channels, booking settings and other settings in the Platform (“Outreach Parameters”). You acknowledge that AI Features will generate individualized Communications within your Outreach Parameters without your review of each Communication, and that your approval of Outreach Parameters and any template constitutes your approval of all Communications reasonably consistent with them. You shall review your Outreach Parameters and any sample Communications and logs made available to you and notify Techy Broker promptly of any Communication you believe is inaccurate.

4.3Limits of Authority. Your authorization is limited to communication, scheduling, administrative and data-entry assistance. Techy Broker has no authority to bind you or any Client to any Transaction; make, present, accept or counter any offer; negotiate price or terms; create or modify any agency relationship; give legal, tax, lending, appraisal or property-condition advice; sign or initial any document; or accept any confidentiality or other obligation on your behalf, and any purported commitment beyond this authority is void.

4.4Revocation. You may revoke this authorization prospectively by pausing the applicable feature or canceling in the Platform. Revocation is effective after a reasonable processing period and does not affect Communications already sent or queued, replies to them, or records Techy Broker retains.

4.5Techy Broker Discretion. Techy Broker determines in its sole discretion all sending infrastructure, domains, sender identities, cadence, volume, timing, routing, Recipient selection, suppression and deliverability practices, and may at any time, without notice or liability, withhold, edit, delay, limit, suspend or discontinue any Communication or all outreach.

4.6Outreach Compliance. Techy Broker’s standard outreach processes are designed to include the identification and opt-out elements that Techy Broker determines are required for commercial email. You acknowledge that you are the sender, seller and advertiser whose services are promoted in Authorized Outreach and in any Communication you send using the Services, and that you are solely responsible for compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule, the National Do Not Call Registry and state do-not-call, telemarketing and electronic-mail laws, real estate license-law advertising requirements (including disclosure of your sponsoring brokerage where required), and MLS and brokerage rules. You shall provide a valid physical postal address and any required brokerage and license information for use in Communications; shall not instruct Techy Broker to make any false, misleading or deceptive statement; and shall not contact, or use information from the Services to contact, any person who has opted out or whom applicable law prohibits you from contacting. Opt-outs and suppressions apply across the Platform and may be shared among Techy Broker subscribers.

4.7Texts and Calls. Techy Broker will send text messages or place calls using an automatic telephone dialing system, an artificial or prerecorded voice or an AI-generated voice on your behalf only through features you expressly enable. Before enabling any such feature, and for each person contacted, you represent and warrant that you have obtained and will maintain all prior express consent and prior express written consent required by the TCPA and state law, have checked applicable do-not-call registries and internal do-not-call lists, and will comply with all calling-hour, identification, frequency and opt-out requirements. Lead Products do not include any consent to be contacted by text message or automated or AI-voice call. Techy Broker may refuse, limit or suspend any text or call campaign at any time.

4.8Appointments and Transactions. Techy Broker has no responsibility for the conduct of any Client or other person, the occurrence, rescheduling or cancellation of any appointment or showing, calendar or booking-tool errors, any missed contract, inspection, financing, attorney-review or closing deadline, or the outcome of any appointment or Transaction.

4.9AI Disclosure and Message Integrity. You authorize and agree that Communications generated or sent by AI Features may disclose that they are automated or AI-assisted and are sent by Techy Broker on your behalf, and that Techy Broker will make that disclosure where applicable law requires it (including Cal. Bus. & Prof. Code § 17940 et seq. and Utah Code § 13-75-101 et seq.) or when a Recipient asks whether they are communicating with a person. You shall not request, and Techy Broker will not knowingly send, any Communication that misrepresents its sender, origin or AI nature, or that uses a false or misleading subject line.

5.1Use of AI. The Services use AI Features, including third-party models, to generate presentations, market reports, listing copy, photo enhancements and videos, interpret Property Data, populate forms from voice or text inputs, track transaction tasks and deadlines, draft and personalize Communications, classify and respond to replies and generate Estimates, and you consent to such use with Subscriber Content and Communications.

5.2Nature of Outputs. YOU ACKNOWLEDGE THAT OUTPUTS ARE PROBABILISTIC AND AUTOMATICALLY GENERATED; MAY BE INACCURATE, INCOMPLETE, OUTDATED, MISATTRIBUTED OR INCONSISTENT; MAY CONTAIN “HALLUCINATIONS,” INCORRECT PROPERTY FACTS, VALUES, COMPARABLES, FIGURES, DATES OR DEADLINES, AND INCORRECT DESCRIPTIONS OF YOU OR ANY PROPERTY; AND MAY BE SIMILAR OR IDENTICAL TO OUTPUTS PROVIDED TO OTHER SUBSCRIBERS.

5.3Estimates. An Estimate is an automated, illustrative tool only. It is not an appraisal, is not prepared in accordance with the Uniform Standards of Professional Appraisal Practice, and is not a broker price opinion for lending purposes, a Loan Estimate, Closing Disclosure or other lending disclosure, a commitment to lend, a tax or legal analysis, or a guarantee of any value, sale price, rent, net proceeds, closing cost, payment, commission or income, and it does not replace figures from a lender, title or escrow company, attorney, accountant or your brokerage. Estimates are for illustration only and are not legal, tax or lending advice, and they may be unavailable where Techy Broker lacks sufficient information. You are solely responsible for any Estimate you deliver to a Client or other person and for any disclosure that accompanies it. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHY BROKER MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR COMMITMENT OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY ESTIMATE, INCLUDING AS TO ITS ACCURACY, COMPLETENESS, RELIABILITY, METHODOLOGY, AVAILABILITY OR SUITABILITY FOR ANY PURPOSE, AND YOU SHALL HAVE NO CLAIM, REMEDY OR RECOURSE OF ANY KIND AGAINST ANY PROTECTED PARTY ARISING OUT OF OR RELATING TO ANY ESTIMATE OR ANY RELIANCE ON, OR DECISION MADE BY YOU OR ANY THIRD PARTY BASED ON, ANY ESTIMATE. No refund, credit or other remedy is available on account of any Estimate.

5.4No Reliance. You shall not rely on any Output as a substitute for your own independent professional judgment and are solely responsible for verifying any Output, property fact, figure, date, deadline, contract term or Client identity before acting on it or providing it to any Client or other person.

5.5Human Review. Techy Broker may, but is not obligated to, use human review of any Output or Communication and may pause automated workflows in its discretion. The absence of human review is not negligence or a breach of these Terms.

5.6AI Media and Listing Content. You shall review all listing copy, photos, virtual staging, enhanced or generated images and videos produced by AI Features before using them. You shall not use any Output that misrepresents the condition, features, size, views, surroundings or location of any property, shall label digitally altered or virtually staged images where required by law, MLS rules or brokerage policy, and shall not use any Output that contains language or imagery that expresses a preference, limitation or discrimination prohibited by the federal Fair Housing Act or state or local fair housing law.

5.7Contract and Form Features. Any contract-filling, voice-to-form or transaction-coordination feature only populates forms or records that you select with information that you provide. Techy Broker does not select, draft or interpret contracts or forms, does not provide legal advice, and is not responsible for the completeness, accuracy or legal effect of any completed form. You shall use only forms authorized by your brokerage and applicable law, review every field before any document is sent or signed, and refer Clients to an attorney where appropriate or required.

6.1Third-Party Data. Property Data and other Third-Party Data may originate from county recorders and assessors, public records, MLSs, licensed data vendors, public websites and other sources and are subject to the terms, restrictions and availability imposed by those sources. Techy Broker does not control and is not responsible for Third-Party Data, and does not represent that any property, market, record, comparable, listing or Lead is or will be covered, that any data is accurate, complete or current, or that any source will remain available. Techy Broker may add, replace or discontinue Third-Party Providers at any time.

6.2Permitted Use. You may view and use Property Data and Outputs displayed to you solely for your internal business purposes in connection with your real estate practice during your subscription, and shall comply with any provider terms Techy Broker makes available to you and with the rules of any MLS whose data you use. You obtain no ownership or redistribution rights in Third-Party Data and shall not bulk download, scrape, export (except through features Techy Broker provides for that purpose), resell, sublicense, republish, or use the Platform, Property Data or Outputs to build or improve any competing database, product or service.

6.3Restricted Materials. You shall not upload, submit or direct Techy Broker to obtain or process Social Security numbers, government identification images, financial account or payment card numbers, bank statements, credit reports, tax returns, wire or payoff instructions, protected health information, information subject to a confidentiality obligation you are not authorized to disclose, improperly obtained materials or other sensitive personal information beyond what a feature you use reasonably requires (“Restricted Materials”), unless Techy Broker has expressly agreed in writing to a workflow for them and you have all necessary authority.

6.4Lead Products. Lead Products are subject to the terms, pricing and refund policies of the platform through which they are made available. Leads are compiled from public records and other third-party sources; they are data products, not referrals, and do not indicate that any person has requested contact from you or consented to be contacted. Leads are provided without any warranty of accuracy, contactability, intent to transact or exclusivity, and the same Leads may be provided to other subscribers. Before contacting any Lead, you are solely responsible for compliance with Section 4.6 and Section 4.7 and with your brokerage’s policies. Free, discounted or per-closing Lead benefits are offered at Techy Broker’s discretion, have no cash value, may be modified or discontinued prospectively, and end on termination.

6.5No Legal or Agency Relationship. Nothing in these Terms or the Services creates an attorney-client, agency, fiduciary, brokerage or real estate representation relationship between Techy Broker and you or any Client, or makes Techy Broker counsel, adviser or agent for any party to any Transaction.

7.1Independence. You and each Client independently decide whether to communicate or do business, and negotiate any Transaction, representation agreement, compensation and payment directly. Techy Broker is not a party to, guarantor of, or responsible for any Transaction, listing or representation agreement, any Client’s conduct, payment of your commission or fees, or any dispute between you and any Client, cooperating agent, brokerage or other person.

7.2No Referral Fees; RESPA. Fees compensate Techy Broker solely for software, data, marketing, training and support services actually provided and are owed regardless of whether any Lead, appointment or Transaction results. Techy Broker does not receive, collect or share any real estate commission or other compensation from any Transaction under these Terms, and no fee, discount, Lead or other thing of value under these Terms is given or accepted for the referral of settlement service business in violation of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2607, or for the referral of brokerage business in violation of applicable real estate license law. You shall not use the Services in any manner that would violate those laws.

7.3Relationship. The parties are independent contractors. Except for the limited authorization in Section 4.1, nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, fiduciary or special relationship, and Techy Broker owes you no duties other than those expressly stated in these Terms.

7.4No Exclusivity. Techy Broker may provide the Services to other agents and brokers, including your competitors and agents representing other parties in the same Transaction. Techy Broker has no obligation to allocate any Lead, Client, zip code or market to you exclusively.

7.5Your Compliance. You are solely responsible for your compliance with all real estate license, broker supervision, advertising, agency disclosure, fair housing, RESPA, TCPA, do-not-call, privacy and other laws and rules, and all MLS, association and brokerage rules, applicable to you and your marketing.

7.6eXp Team Program. Techy Broker LLC is an independent company. It is not eXp and is not authorized to make any representation, commitment or offer on behalf of eXp. Your affiliation with eXp, including commission splits, caps, fees, revenue share, stock awards, equity programs and your relationship with your sponsoring broker, is governed solely by your agreements with eXp and by eXp’s policies, which eXp may change at any time. These Terms do not govern, and Techy Broker does not guarantee, any of them. Any description of eXp programs on the Website or in Techy Broker materials is a summary for convenience only, may be out of date, and is qualified in its entirety by eXp’s official materials and income disclosures. Revenue share and stock awards depend on factors outside Techy Broker’s control, and you may earn nothing from them. Recruiting other agents is optional and is not a condition of any Team Benefit.

7.7Team Benefits. Team Benefits are available only while you are a Team Member. If you cease to be a Team Member for any reason, your Team Benefits end automatically on that date and, unless you cancel under Section 9.5, your paid subscription continues at the then-current standard price for your plan beginning with your next Billing Period, after notice under Section 9.7. Team Benefits have no cash value, are not compensation for real estate services or referrals, and may be modified prospectively under Section 9.6.

8.1Plans and Prices. Your plan (including any Basic, Plus, Premier, team or seat-based plan), seats, add-ons, promotional pricing, Team Benefits and one-time services, and the applicable fees and Billing Period, are as displayed at checkout and confirmed in your Order. The prices displayed and accepted at checkout are the only binding prices; any other price list, proposal, specification or Website statement is not an offer.

8.2Promotional Pricing. Any discount or promotion applies only to the eligible Subscriber, plan, Services and period expressly stated in the offer accepted at checkout; is nontransferable; may not be combined with other offers unless stated; and ends automatically at the end of the stated period or upon cancellation, downgrade, material breach or nonpayment. Unless the offer states otherwise, promotional discounts do not apply to add-ons, Lead Products or taxes. At the end of the promotional period your subscription renews at the then-current standard price disclosed at checkout.

8.3Taxes. Fees are stated and payable in U.S. dollars and exclude all sales, use, value-added, digital-services and similar taxes and charges, which you shall pay (other than taxes on Techy Broker’s net income) and which Techy Broker or its payment processor may collect.

8.4Payment Authorization. By providing a payment method you authorize Techy Broker and its payment processor to store a payment token and charge, on the schedule disclosed at checkout, all recurring subscription fees, add-on fees, one-time fees, applicable taxes and other charges you have authorized, until you cancel under Section 9. You authorize the processor to obtain updated card information through card-network updater services. Techy Broker does not store complete card numbers.

8.5Failed Payments. If a charge fails, Techy Broker may retry it and may, after notice, suspend or downgrade the Services until all amounts are paid. Overdue amounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you shall reimburse Techy Broker’s reasonable costs of collection, including reasonable attorneys’ and collection-agency fees, to the extent permitted by applicable law (and, where applicable law makes such a provision reciprocal, on a reciprocal basis).

8.6Billing Disputes; Chargebacks. You must notify Techy Broker in writing of any billing dispute within sixty (60) days after the charge, failing which the charge is deemed accepted to the extent permitted by law. You shall contact Techy Broker and attempt to resolve any dispute before initiating a chargeback. A chargeback of an amount properly charged is a material breach, and Techy Broker may suspend or terminate your account and recover the disputed amount and associated fees. Nothing in this Section limits any nonwaivable right you have under the Fair Credit Billing Act, the Electronic Fund Transfer Act, Regulations Z or E, state law or card-network rules.

8.7No Refunds. Except as expressly stated in these Terms or required by law, all fees are earned when charged and are nonrefundable, and no refunds or credits are given for partial periods, unused features, lack of results, downgrades or dissatisfaction.

9.1Recurring Subscription. Paid subscriptions are billed monthly or annually, as selected at checkout (each, a “Billing Period”). Subscription fees are charged in advance at the start of each Billing Period. Subscriptions AUTOMATICALLY RENEW for successive Billing Periods of the same length at the price disclosed at checkout (as modified under Section 9.6) until canceled under Section 9.5.

9.2Free Plan. The Basic plan and any other features designated as free are provided at no charge, may require an account, and may be modified, limited or discontinued at any time. No payment method will be charged for a free plan unless you upgrade to a paid plan at checkout.

9.3First Charge. Your first charge occurs when you complete checkout for a paid plan and begins your first Billing Period. Thereafter, each charge occurs on the same day of each following month or year, as applicable (or on the last day of the month where that day does not exist), and covers the Billing Period that begins on that day.

9.4Lead Products and One-Time Services. Lead Products and other one-time services are separately purchased, charged when ordered or as disclosed at checkout, and fully earned when delivered or once performance begins. Cancellation of a recurring plan does not cancel, or entitle you to a refund of, a Lead Product or one-time service once delivered or once performance has begun, except as required by law or the applicable platform’s refund policy.

9.5Cancellation. You may cancel at any time online through your account billing settings, using a method no more burdensome than the method you used to subscribe, or by emailing service@techybroker.com. Cancellation becomes effective at the end of the Billing Period in which Techy Broker receives your notice (the “Cancellation Effective Date”). The Services will remain available through that date, and no charges will be made for any Billing Period after the Cancellation Effective Date. Except as required by law, no refund is given for any partial Billing Period, including the unused portion of an annual plan. The Platform will display your Cancellation Effective Date when you cancel, and Techy Broker will confirm the cancellation by email. Where applicable law grants you a right to cancel more easily, sooner or on different terms, that law controls.

9.6Price Changes. Techy Broker may change subscription prices, plan features or fee structures prospectively on at least thirty (30) days’ prior notice by email or in the Platform. The new price applies from the first billing period beginning after the notice period, unless you give notice of cancellation during the notice period, in which case the new price will not apply to you.

9.7Renewal Notices. After you subscribe, Techy Broker will send you an acknowledgment that sets out the automatic-renewal terms, the recurring charge and its frequency, the cancellation policy and how to cancel. Techy Broker will notify you by email not less than seven (7) nor more than thirty (30) days before any promotional price expires and the standard price applies and, for annual plans, not less than fifteen (15) nor more than forty-five (45) days before each annual renewal. Techy Broker will also provide any annual reminder and any other renewal, price-change or promotion-expiry notice required by applicable law.

10.1Modifications. Techy Broker may add, modify, replace, limit or discontinue any feature, data source, AI model, integration or Third-Party Provider at any time. If Techy Broker permanently discontinues the core functionality of your paid plan, your sole and exclusive remedy is to cancel and receive a pro rata refund of prepaid fees for the unused portion of the then-current Billing Period.

10.2Suspension. Techy Broker may suspend or limit all or part of the Services, your account or outreach immediately, with or without notice, if Techy Broker believes it necessary to address actual or suspected breach, fraud, inaccurate Subscriber Content, security risk, unlawful or noncompliant outreach, Recipient complaints, deliverability or reputational harm, Third-Party Provider restrictions, nonpayment, legal process or regulatory inquiry. Fees continue to accrue during any suspension caused by your acts or omissions.

10.3Termination by Techy Broker. Techy Broker may terminate these Terms or any subscription (a) immediately on notice for your breach or any reason described in Section 10.2; or (b) for convenience on thirty (30) days’ notice, in which case Techy Broker will refund prepaid fees for any unused period after the termination date.

10.4Termination by You. You may terminate by canceling under Section 9.5.

10.5Effect. On termination, all rights and licenses granted to you end, you shall cease using the Services, and all unpaid amounts become immediately due. Techy Broker has no obligation to retain or provide Subscriber Content, Outputs or logs after termination but may retain records under Section 3.4. Techy Broker is not liable to you or any third party for any suspension, termination or modification made in accordance with these Terms.

10.6Survival. Sections 3.4, 5, 6, 7, 8 (as to accrued amounts), 10.5, 10.6 and 11 through 19, and any provision that by its nature should survive, survive termination.

You shall not, and shall not permit any person to: (a) violate any law, regulation, professional rule, court order or protective order, or the rights of any third party; (b) impersonate any person or misrepresent your identity, licenses, brokerage or team affiliation or credentials; (c) submit Restricted Materials or unlawful, infringing, defamatory, discriminatory or harmful information; (d) scrape, crawl, harvest, data-mine, copy or export the Platform, Property Data, Lead Products, Client contact information or Outputs other than through features Techy Broker provides; (e) reverse engineer, decompile or attempt to derive source code, models, prompts, weights, scoring methods or training data, except to the extent this restriction is prohibited by law; (f) access the Services to build or benchmark a competing product, or on behalf of a Techy Broker competitor; (g) bypass, disable or interfere with security, rate limits, access controls, opt-out or suppression systems; (h) transmit malware or interfere with the Platform; (i) use the Services or information from them to send unsolicited, deceptive, harassing or unlawful communications, or to contact any person who has opted out or is on a do-not-call list without a lawful basis; (j) use Property Data or Lead Products as a consumer report or to determine any person’s eligibility for credit, insurance, employment or housing (including tenant screening), or to steer, blockbust, target or exclude any person in violation of fair housing law; (k) attempt prompt injection or other manipulation of AI agents, or use AI Features to generate unlawful, deceptive, discriminatory or infringing content, including misleading images of any property; (l) resell, sublicense or provide access to the Services to any third party; or (m) use the Services in any manner that could expose Techy Broker or its Third-Party Providers to liability or reputational harm. Techy Broker may investigate violations and cooperate with law enforcement, courts, regulators and affected Recipients.

12.1Techy Broker Property. Techy Broker and its licensors own all right, title and interest in the Website, Platform, Services, software, AI agents, prompts, models, calculators, estimate methods, workflows, presentation and video designs, training content, templates (excluding Subscriber Content within them), designs, databases, documentation, Usage Data, Aggregated Data and all improvements and derivative works, and all intellectual property rights therein (“Techy Broker Property”). All rights not expressly granted are reserved.

12.2Your License. Subject to these Terms and timely payment, Techy Broker grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable right during your subscription to access and use the Platform and the Outputs made available to you solely for your internal professional business purposes. You may provide Outputs to your Clients and prospective Clients and use them in your marketing in accordance with these Terms. Outputs may include Techy Broker branding, which you shall not remove except as your plan permits. Outputs are Techy Broker Property except to the extent they incorporate Subscriber Content.

12.3Usage and Aggregated Data. Techy Broker may collect and use data regarding use and performance of the Services, including usage, response, conversion and outreach results (“Usage Data”), and may create de-identified or aggregated data from Subscriber Content, Communications and Usage Data that does not identify you (“Aggregated Data”), and may use both for any lawful purpose during and after the term. Usage Data and Aggregated Data do not include, and will not be derived from, Google User Data as defined in Section 13.5.

12.4Feedback. You grant Techy Broker a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to use and exploit any suggestions or feedback without attribution, compensation or restriction.

12.5Marks. You may not use Techy Broker’s names, logos or trademarks without prior written consent.

13.1Privacy Policy. Techy Broker’s collection and use of personal information is described in its Privacy Policy at https://techybroker.com/privacy, which is incorporated by reference. You acknowledge that the Services involve processing agent profile information, Client and Lead contact information, Communications, calendar and CRM information, Property Data, transaction documents and payment records, including by Third-Party Providers. To the extent state privacy laws (including the California Consumer Privacy Act and comprehensive privacy laws in other states) apply to Techy Broker, individuals may exercise the rights described in the Privacy Policy, and nothing in these Terms limits those rights.

13.2Your Data Obligations. You are responsible for having all notices, consents and rights required for personal information you provide, including Client information you upload, and for your own use of personal information obtained through the Services, and shall comply with applicable privacy and data-protection laws.

13.3Security. Techy Broker will use security measures that it determines in its discretion to be commercially reasonable for the nature of the Services. YOU ACKNOWLEDGE THAT NO SYSTEM IS SECURE, THAT INTERNET AND EMAIL TRANSMISSIONS ARE INHERENTLY INSECURE, AND THAT TECHY BROKER DOES NOT WARRANT THAT SUBSCRIBER CONTENT OR COMMUNICATIONS WILL BE FREE FROM UNAUTHORIZED ACCESS, LOSS OR ALTERATION. Techy Broker will provide notice of security incidents where required by law. You are responsible for maintaining independent copies of your Subscriber Content.

13.4Electronic Communications. You consent to receive all agreements, notices, disclosures, receipts and other communications electronically by email or through the Platform, and agree that they satisfy any legal requirement that communications be in writing. To access them you need a device with internet access, a current web browser, a valid email address and software that can open PDF files. You may request a paper copy of any required disclosure at no charge by contacting service@techybroker.com, and you may update your email address in your account settings. Marketing communications from Techy Broker are subject to your opt-out rights. You may withdraw consent to electronic communications by notifying service@techybroker.com; because the Services are provided electronically, withdrawal will result in closure of your account, without any fee for withdrawing.

13.5Google User Data. If you connect a Google account, including Google Calendar, to the Services, Techy Broker will access information obtained through Google APIs, including calendar events, availability, attendee details and related account information (“Google User Data”), only as needed to provide the scheduling and availability features you enable. Notwithstanding anything else in these Terms, Techy Broker’s use and transfer of Google User Data will adhere to the Google API Services User Data Policy, including its Limited Use requirements. Without limiting the foregoing, Techy Broker will not: (a) use Google User Data to develop, train, tune or improve any artificial intelligence or machine learning model, including Techy Broker’s own models and AI Features or those of any Third-Party Provider; (b) include Google User Data in Usage Data or Aggregated Data, or use it for any purpose described in Section 12.3; (c) use or transfer Google User Data for advertising, sell it, or use it to determine creditworthiness or for lending purposes; (d) transfer Google User Data to any third party except as necessary to provide or improve the user-facing features you have enabled, to comply with applicable law, to protect security, or as part of a merger, acquisition or sale of assets; or (e) permit any person to read Google User Data unless you have given affirmative consent for specific data, or it is necessary for security purposes or to comply with applicable law. You may revoke Techy Broker’s access at any time through your Google account settings or the Platform. Techy Broker will delete Google User Data promptly after you revoke access or close your account, except to the extent applicable law requires otherwise.

14.1Techy Broker Confidential Information. You shall hold in confidence and not use or disclose, except as necessary to use the Services, all nonpublic information concerning Techy Broker, the Platform, pricing, Outputs, Estimate methodology, prompts, workflows, Third-Party Data and Lead Products (“Techy Broker Confidential Information”), using at least reasonable care.

14.2Subscriber Information. Techy Broker will use nonpublic Subscriber Content that is not intended for transmission to Recipients only as permitted by these Terms and will protect it with reasonable care, and may disclose it to its personnel, Affiliates, Third-Party Providers and advisors with a need to know, as required by law or legal process, or to enforce these Terms. Subscriber Content that you authorize for transmission to Recipients, including your name, photo, biography, license and contact information and listing content, is not confidential.

14.3Exclusions. Confidential information excludes information that is or becomes public without breach, was known without restriction, is independently developed, or is rightfully received from a third party without restriction.

14.4Remedies. Unauthorized use or disclosure of Techy Broker Confidential Information may cause irreparable harm, and Techy Broker may seek injunctive relief without posting bond, in addition to other remedies.

14.5Permitted Disclosures. Nothing in these Terms prohibits or restricts you from (a) posting or sharing a truthful review, rating or other assessment of Techy Broker or the Services, as protected by the Consumer Review Fairness Act, 15 U.S.C. § 45b, and similar state law, provided you do not disclose Third-Party Data, Estimate methodology, prompts or other trade secrets; or (b) reporting possible violations of law to, or cooperating with, any court, government agency, regulator, real estate licensing authority or law enforcement body.

15.1TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PLATFORM, SERVICES, OUTPUTS, ESTIMATES, THIRD-PARTY DATA, LEAD PRODUCTS, BETA FEATURES AND ALL COMMUNICATIONS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND YOUR USE OF THEM IS AT YOUR SOLE RISK. TECHY BROKER, FOR ITSELF AND THE PROTECTED PARTIES, EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE.

15.2WITHOUT LIMITATION, TECHY BROKER DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY PROPERTY, MARKET, RECORD, LISTING OR LEAD WILL BE COVERED, IDENTIFIED OR ACCURATELY DESCRIBED; (C) ANY OUTPUT, ESTIMATE, VALUATION OR CALCULATION WILL BE ACCURATE, COMPLETE, CURRENT OR SUITABLE; (D) ANY COMMUNICATION WILL BE SENT, DELIVERED, OPENED OR READ, OR WILL NOT BE FILTERED AS SPAM; (E) ANY CLIENT OR LEAD WILL RESPOND, MEET, LIST, BUY, SELL OR LEASE, OR THAT ANY TRANSACTION WILL CLOSE; OR (F) YOU WILL ACHIEVE ANY LISTING, TRANSACTION, COMMISSION, INCOME, REVENUE SHARE, STOCK AWARD OR OTHER RESULT.

15.3NO ORAL OR WRITTEN INFORMATION FROM TECHY BROKER, INCLUDING SALES MATERIALS, DEMONSTRATIONS OR WEBSITE STATEMENTS, CREATES ANY WARRANTY, AND YOU REPRESENT THAT YOU HAVE NOT RELIED ON ANY SUCH STATEMENT IN ENTERING INTO THESE TERMS.

15.4TECHY BROKER IS NOT RESPONSIBLE FOR THIRD-PARTY DATA, LEAD PRODUCTS, THIRD-PARTY SERVICES OR EXP PROGRAMS.

15.5NOTHING IN THIS SECTION EXCLUDES ANY WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED; ANY SUCH WARRANTY IS LIMITED IN DURATION TO THIRTY (30) DAYS FROM FIRST USE TO THE EXTENT PERMITTED BY LAW.

16.1PROTECTED PARTIES. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 16 BENEFIT TECHY BROKER LLC, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, DATA PROVIDERS, TECHNOLOGY AND AI PROVIDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “PROTECTED PARTIES”), EACH OF WHICH IS AN EXPRESS THIRD-PARTY BENEFICIARY OF SECTIONS 15 THROUGH 18.

16.2EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY PROTECTED PARTY BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED OR STATUTORY DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, FEES, COMMISSIONS, TRANSACTIONS, BUSINESS, OPPORTUNITIES, ANTICIPATED SAVINGS, GOODWILL OR REPUTATION, LOSS, CORRUPTION OR UNAVAILABILITY OF DATA, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THEIR POSSIBILITY.

16.3SPECIFIC EXCLUSIONS. WITHOUT LIMITING SECTION 16.2, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO PROTECTED PARTY SHALL HAVE ANY LIABILITY, INCLUDING FOR DIRECT DAMAGES, ARISING OUT OF OR RELATING TO: (A) THIRD-PARTY DATA, INCLUDING INACCURATE, INCOMPLETE, DELAYED OR MISSING PROPERTY RECORDS, MLS DATA OR LEAD INFORMATION; (B) OUTPUTS, ESTIMATES OR AI FEATURES, INCLUDING HALLUCINATIONS, INCORRECT FIGURES, VALUATIONS OR CONTENT; (C) INACCURATE, DUPLICATE OR UNCONTACTABLE LEADS; (D) UNDELIVERED, DELAYED, FILTERED, MISDIRECTED OR UNSUCCESSFUL COMMUNICATIONS, INCLUDING TEXT MESSAGES AND CALLS; (E) SCHEDULING OR CALENDAR FAILURES OR MISSED CONTRACT OR TRANSACTION DEADLINES; (F) THE CONDUCT OF ANY CLIENT, COOPERATING AGENT, BROKERAGE (INCLUDING EXP) OR OTHER THIRD PARTY, OR ANY TRANSACTION OR FAILURE TO CLOSE A TRANSACTION OR BE PAID A COMMISSION; (G) EXP COMPENSATION, REVENUE SHARE, STOCK OR EQUITY PROGRAMS, OR ANY LICENSE DISCIPLINE OR REGULATORY ACTION AGAINST YOU; (H) UNAUTHORIZED ACCESS, SECURITY INCIDENTS, MALWARE OR LOSS OF INFORMATION; (I) SERVICE INTERRUPTIONS, THIRD-PARTY OUTAGES OR FAILURES OF THIRD-PARTY PROVIDERS; OR (J) SUBSCRIBER CONTENT OR YOUR INSTRUCTIONS; PROVIDED, HOWEVER, THAT THIS SECTION 16.3 DOES NOT EXCLUDE LIABILITY FOR PROVEN DIRECT DAMAGES TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OF A PROTECTED PARTY, WHICH LIABILITY REMAINS SUBJECT TO SECTIONS 16.2 AND 16.4.

16.4AGGREGATE CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES, COLLECTIVELY, FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, THE PLATFORM OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO TECHY BROKER DURING THE FOUR (4) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY AND (II) ONE HUNDRED U.S. DOLLARS (US $100). MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT.

16.5ALL THEORIES. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 16 APPLY TO ALL CLAIMS AND THEORIES OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND NEGLIGENT MISREPRESENTATION), STRICT LIABILITY, MISREPRESENTATION, STATUTE, EQUITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.6EXCLUSIVE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH, OR DEFECT OR ERROR IN, THE SERVICES IS TO STOP USING THEM AND CANCEL UNDER SECTION 9.5.

16.7NONWAIVABLE LIABILITY. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FOR INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN EACH CASE ONLY TO THE EXTENT IT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

16.8SEVERABILITY AND FALLBACK LIMITATIONS. EACH EXCLUSION AND LIMITATION IN THIS SECTION 16 IS A SEPARATE AND SEVERABLE PROVISION. IF ANY PORTION IS HELD UNENFORCEABLE AS TO ANY CLAIM: (A) IT SHALL BE REFORMED TO THE MINIMUM EXTENT NECESSARY TO BE ENFORCEABLE AND THE REMAINDER ENFORCED; (B) IF SECTION 16.3 IS HELD UNENFORCEABLE AS TO DIRECT DAMAGES, THE PROTECTED PARTIES’ LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES, SUBJECT TO SECTION 16.4; (C) IF THE CAP IN SECTION 16.4 IS HELD UNENFORCEABLE, AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY; AND (D) IF THAT LIMIT IS HELD UNENFORCEABLE, LIABILITY SHALL BE LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

16.9RISK ALLOCATION; BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT TECHY BROKER’S FEES ARE SET IN RELIANCE ON THIS SECTION 16, WHICH IS AN ESSENTIAL BASIS OF THE BARGAIN; THAT YOU ARE A SOPHISTICATED PROFESSIONAL WHO HAS HAD THE OPPORTUNITY TO REVIEW THESE TERMS AND CONSULT COUNSEL; AND THAT YOU ASSUME ALL COMMERCIAL AND PROFESSIONAL RISKS OF YOUR REAL ESTATE PRACTICE, TRANSACTIONS, MARKETING DECISIONS AND RELIANCE ON OUTPUTS. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN ERRORS AND OMISSIONS AND OTHER INSURANCE.

16.10STATE-SPECIFIC TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON LIABILITY FOR NEGLIGENCE OR STATUTORY VIOLATIONS, SO SOME OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS WAIVES ANY RIGHT UNDER CALIFORNIA CIVIL CODE § 1798.150 OR ANY OTHER NONWAIVABLE STATUTORY RIGHT. IF YOU ARE A NEW JERSEY RESIDENT AND A CONSUMER, SECTIONS 15, 16, 17 AND 18.10 APPLY ONLY TO THE EXTENT PERMITTED BY NEW JERSEY LAW, AND THE EXCLUSIONS OF LIABILITY FOR NEGLIGENCE, FOR PUNITIVE DAMAGES AND FOR LOSS OF DATA OR PROPERTY DO NOT APPLY TO YOU.

17.1Indemnity. You shall defend, indemnify and hold harmless the Protected Parties from and against any and all claims, demands, suits, proceedings, arbitrations, subpoenas, investigations and regulatory or licensing inquiries by any third party, including any Client, Lead, cooperating agent or broker, brokerage, MLS, association, regulator or Recipient (each, a “Claim”), and all resulting losses, liabilities, damages, judgments, awards, settlements, fines, penalties, costs and expenses, including reasonable attorneys’ and experts’ fees and costs of responding to subpoenas (“Losses”), arising out of or relating to: (a) Subscriber Content, including your license information, listing content, photos, videos and professional representations; (b) any inaccurate, incomplete or misleading information provided by you or on your behalf; (c) Authorized Outreach and other Communications, including Claims alleging violation of the TCPA, do-not-call, CAN-SPAM, telemarketing or privacy laws, misleading advertising or improper solicitation, to the extent attributable to Subscriber Content, your Outreach Parameters, your consents, the Leads you contact or your instructions; (d) your real estate services, Transactions, commissions, advice, disclosures, contracts or deadlines, or disputes with any Client, cooperating agent, brokerage or other person; (e) any alleged violation of real estate license, broker supervision, advertising, fair housing, RESPA or other regulatory requirements applicable to you; (f) your access to, use, misuse or disclosure of Property Data, Lead Products, Restricted Materials, Client personal information or other confidential information; (g) your breach of these Terms or violation of applicable law or third-party rights; (h) any person accessing the Services through your account; or (i) any Claim brought by any of your Clients or any other person who does business with you or who was introduced to you through the Services, to the extent the Claim arises out of your licenses, services, advice, Estimates or Outputs you provide, fees, Subscriber Content or other acts or omissions of you or anyone acting for you, whether or not the Claim names a Protected Party.

17.2Exceptions. Section 17.1 does not apply to the extent a Claim is finally determined by a court or arbitrator of competent jurisdiction to have resulted from a Protected Party’s fraud, gross negligence, willful misconduct or willful and wanton conduct, or to the extent indemnification is prohibited by applicable law. Nothing in this Section 17.2 relieves you of your obligation to defend under Section 17.1 before any such final determination.

17.3Procedure. Techy Broker will notify you of a Claim, but delay in notice relieves you of your obligations only to the extent you are materially prejudiced. Techy Broker may, at its election, (a) require you to assume the defense with counsel reasonably acceptable to Techy Broker, or (b) assume exclusive control of the defense and settlement with counsel of its choice, in which case you shall reimburse reasonable defense costs as incurred. You shall cooperate fully and shall not settle any Claim, make any admission or consent to any judgment or relief affecting any Protected Party without Techy Broker’s prior written consent. These obligations are in addition to any other rights of the Protected Parties.

18.1Governing Law. These Terms and all Disputes are governed by the laws of the State of Illinois, without regard to conflict-of-laws principles, except that this Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

18.2Informal Resolution. Before commencing arbitration or any action, a party must send written notice describing the Dispute, the relief sought and the claimant’s contact information (to Techy Broker at the address in Section 19.1), and the parties shall attempt in good faith to resolve the Dispute for sixty (60) days, including by an individual video conference if requested. Compliance is a condition precedent to commencing any proceeding, and limitation periods are tolled during this period.

18.3Binding Arbitration. EXCEPT AS PROVIDED IN SECTION 18.4, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, THE PLATFORM, THE SERVICES, ANY COMMUNICATION OR THE RELATIONSHIP BETWEEN YOU AND ANY PROTECTED PARTY, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE AND WHETHER ARISING BEFORE OR AFTER YOUR ACCEPTANCE (A “DISPUTE”), SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if AAA determines its Consumer Arbitration Rules apply, those rules) before a single arbitrator seated in Chicago, Illinois, with hearings by video or on documents where the arbitrator permits. The arbitrator shall apply these Terms, including Section 16, and may award any individual relief available in court under applicable law. The arbitrator, and not any court, has exclusive authority to resolve all questions of arbitrability, scope, validity, formation and enforceability, except that a court shall decide questions concerning Sections 18.5 and 18.6. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys’ fees except as awarded under applicable law or these Terms, and administrative fees are allocated under the applicable AAA rules. If the AAA Consumer Arbitration Rules apply, Techy Broker will pay the fees those rules or applicable law (including Cal. Code Civ. Proc. §§ 1281.97-1281.98) require of the business, within the time required.

18.4Exceptions. Either party may (a) bring an individual claim in small-claims court in Lake County, Illinois, if it qualifies; and (b) seek injunctive or other equitable relief in court to protect intellectual property, confidential information or the Platform or to enforce Section 11. Techy Broker may also bring an action in court to collect unpaid fees.

18.5CLASS-ACTION WAIVER. YOU AND TECHY BROKER EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate the claims of more than one person or award relief to anyone other than the individual claimant. If this Section 18.5 is found unenforceable as to any claim or form of relief, that claim or relief shall be severed, stayed pending the individual arbitration, and litigated only in court under Section 18.8.

18.6Mass Arbitration. If twenty-five (25) or more similar demands are filed by or with the assistance of the same or coordinated counsel or entities, (a) the parties’ obligations to pay filing and administrative fees are stayed pending batching; (b) the demands shall be administered in batches of no more than twenty-five (25), with one arbitrator per batch, under any applicable AAA mass-arbitration supplementary rules; and (c) limitation periods are tolled for demands awaiting batching. A court may enforce this Section 18.6.

18.7Opt-Out. You may opt out of Section 18.3 by sending written notice to service@techybroker.com within thirty (30) days after you first accept these Terms, stating your name, account email and intent to opt out. Opting out does not affect any other provision, including Sections 18.5, 18.8, 18.9 and 18.10.

18.8Exclusive Forum. Any Dispute not subject to arbitration shall be brought exclusively in the state courts located in Lake County, Illinois or the federal courts for the Northern District of Illinois, and each party irrevocably submits to their personal jurisdiction and venue and waives any objection based on inconvenient forum.

18.9JURY-TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE LITIGATED IN COURT. IF A COURT DETERMINES THAT THIS WAIVER IS UNENFORCEABLE UNDER THE LAW OF THE FORUM (INCLUDING CALIFORNIA OR GEORGIA LAW), THE PARTIES AGREE, WHERE PERMITTED, TO HAVE THE DISPUTE DECIDED BY A JUDICIAL REFEREE OR THE COURT SITTING WITHOUT A JURY (INCLUDING UNDER CAL. CODE CIV. PROC. § 638).

18.10CLAIMS PERIOD. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED. IF THE LAW GOVERNING A CLAIM PROHIBITS OR LIMITS CONTRACTUAL SHORTENING OF THE LIMITATION PERIOD, THE SHORTEST PERIOD THAT LAW PERMITS APPLIES, OR, IF NO SHORTENING IS PERMITTED, THE STATUTORY PERIOD APPLIES.

18.11Changes to this Section. A material change to this Section 18 will not apply to any Dispute of which Techy Broker had written notice before the change’s effective date.

19.1Notices. Notices to Techy Broker must be sent by email to service@techybroker.com. Notices of cancellation under Section 9.5, billing disputes under Section 8.6 and arbitration opt-outs under Section 18.7 are effective when sent by email (or, for cancellation, through your account billing settings), and no other delivery method is required. All other legal notices to Techy Broker, including notices of breach, claims and Disputes under Section 18.2, must also be sent by courier to Techy Broker LLC, 1238 Glencoe Ave, Highland Park, IL 60035, Attention: Legal. Notices to you may be sent to the email address associated with your account or posted in the Platform and are effective when sent or posted. You are responsible for keeping your email address current.

19.2Amendments. Techy Broker may amend these Terms by posting the updated Terms with a revised “Last Updated” date and, for material changes, giving at least fifteen (15) days’ notice by email or in the Platform; provided that changes to subscription prices, plan features or fee structures are governed exclusively by Section 9.6, including its thirty (30) day notice period. Amendments apply prospectively from their effective date, and material adverse changes to the core features of a paid subscription will not apply until your first billing period beginning after the applicable notice period. Continued use after the effective date constitutes acceptance; where required by law, Techy Broker will obtain your affirmative acceptance. If you do not agree, your sole remedy is to cancel. Otherwise, these Terms may be amended only in a writing signed by an authorized officer of Techy Broker.

19.3Electronic Contracting. These Terms are an electronic contract enforceable under the federal Electronic Signatures in Global and National Commerce Act and applicable state electronic-transactions law. Your electronic acceptance has the same effect as a handwritten signature, and Techy Broker’s electronic records of acceptance, including the date, time, Terms version, account identifier and IP address, are admissible and constitute presumptive evidence of your acceptance.

19.4Force Majeure. Techy Broker is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, MLS, public-record or data-provider outages, failures of or changes in the terms of Third-Party Providers, AI model, email or hosting providers, internet or utility failures, cyberattacks and changes in law.

19.5Assignment. You may not assign, delegate or transfer these Terms or any rights or obligations, by operation of law or otherwise, without Techy Broker’s prior written consent, and any attempt to do so is void. Techy Broker may freely assign or transfer these Terms without consent, including to an Affiliate or in connection with any merger, acquisition, reorganization, financing or sale of assets, and may subcontract any obligation. These Terms bind and benefit permitted successors and assigns.

19.6Third-Party Beneficiaries. Except for the Protected Parties as provided in Sections 15 through 18, there are no third-party beneficiaries of these Terms, and no Client, eXp, Recipient or other person has any rights under them.

19.7Severability; Waiver. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and reformed to effect the parties’ intent, and the remaining provisions remain in full force, subject to Sections 16.8 and 18.5. No waiver is effective unless in writing signed by Techy Broker, and no failure or delay in exercising any right is a waiver.

19.8Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms shall not be construed against the drafter. The English version controls.

19.9Export and Sanctions. You represent that you are not located in, or a national of, a comprehensively sanctioned country and are not on any U.S. government restricted-party list, and you shall comply with all applicable export-control and sanctions laws.

19.10Entire Agreement. These Terms, the Privacy Policy and each Order constitute the entire agreement between you and Techy Broker concerning their subject matter and supersede all prior and contemporaneous proposals, specifications, communications, representations and agreements, whether oral or written.

19.11Contact. Customer support: service@techybroker.com or 312-307-1429. Billing: service@techybroker.com. Legal notices: service@techybroker.com and the postal address in Section 19.1. Privacy: https://techybroker.com/privacy

19.12State Notices. California residents: under Cal. Civ. Code § 1789.3, the service provider is Techy Broker LLC, 1238 Glencoe Ave, Highland Park, IL 60035; service@techybroker.com; 312-307-1429; current charges are as displayed at checkout; and complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210. Residents of other states may have additional rights under the law of their state, which these Terms do not limit to the extent those rights cannot be waived.