Terms of Service

Last Updated: November 23, 2024

1. Preamble and Acceptance

This Master Service Agreement ("Agreement") constitutes a legally binding contract between you ("User," "you," or "your") and Realtics Inc. ("Realtics," "we," "us," or "our"), governing your access to and use of the Realtics platform, website, artificial intelligence tools, and associated services (collectively, the "Service").

BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

If you are entering into this Agreement on behalf of a company, brokerage, or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Service.

2. Definitions

  • "AI Output" means any text, data, forms, or analysis generated by the Service's artificial intelligence algorithms based on User Input.
  • "Brokerage" means the real estate brokerage firm with which the User is affiliated.
  • "Confidential Information" means non-public information disclosed by either party to the other that is designated as confidential or should reasonably be understood to be confidential.
  • "MLS® Data" means real estate listing data, images, and history provided through the Toronto Regional Real Estate Board (TRREB) or other real estate boards.
  • "User Input" means any data, text, or information submitted by the User to the Service.

3. License and Access

3.1 Limited License

Subject to your compliance with this Agreement, Realtics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal professional business purposes as a licensed real estate professional.

3.2 Restrictions

You shall not, directly or indirectly:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Service.
  • Modify, translate, or create derivative works based on the Service.
  • Use the Service for the purpose of building a competitive product or service or copying its features or user interface.
  • Use the Service to transmit any viruses, malware, or other harmful code.
  • Systematically scrape, harvest, or extract data from the Service using automated means (bots, spiders, scrapers).
  • Share your account credentials with any third party. Accounts are for individual use only.

4. Artificial Intelligence & Professional Responsibility

4.1 Nature of AI Services

The Service utilizes advanced artificial intelligence and machine learning technologies ("AI") to generate content. You acknowledge that AI technologies are probabilistic in nature and may produce inconsistent, inaccurate, or hallucinated results ("AI Errors").

4.2 Professional Verification Required

REALTICS IS A TOOL TO ASSIST, NOT REPLACE, PROFESSIONAL JUDGMENT.

You agree that you are solely responsible for:

  • Reviewing all AI Output for accuracy, compliance, and suitability before use.
  • Ensuring that any forms, contracts, or legal documents generated or populated by the Service comply with the Trust in Real Estate Services Act (TRESA), RECO regulations, and all applicable laws.
  • Verifying property data, measurements, and historical information against official sources.

Realtics explicitly disclaims all liability for any errors, omissions, or legal deficiencies in AI Output used by you in professional practice.

5. MLS® Data Access & Compliance

Your access to MLS® Data through the Service is subject to strict regulatory compliance. By accessing such data, you acknowledge and agree to the following mandatory terms required by TRREB and the Canadian Real Estate Association (CREA):

5.1 Authorized Use

You acknowledge that the MLS® Data provided is for your personal, non-commercial use only in the capacity of a licensed real estate professional assisting clients. You may not re-sell, redistribute, sublicense, or otherwise monetize the data for any independent commercial purpose.

5.2 Bona Fide Interest

You represent that you and your clients have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the Service.

5.3 Proprietary Rights

You acknowledge TRREB's ownership of and the validity of TRREB's proprietary rights and copyright in the MLS® database, MLS® data, and Listing Information. Nothing in this Agreement transfers any ownership rights in MLS® Data to you.

5.4 No Agency

You agree that your use of the Service does not create an agency relationship with the Brokerage providing the VOW data or with Realtics.

5.5 Data Accuracy Disclaimer

Information is deemed reliable but is not guaranteed accurate by the Board or Association. Realtics assumes no responsibility for the accuracy of MLS® Data imported into the Service.

5.6 Separation of Content

You acknowledge that MLS® Data is distinct from other content provided on the Service (such as AI-generated analysis, blog posts, or third-party advertisements). You agree not to misrepresent non-MLS® content as being derived from or part of the MLS® database.

6. Intellectual Property Rights

6.1 Realtics IP

Realtics retains all right, title, and interest in and to the Service, including its software, code, algorithms, UI design, trademarks, and documentation.

6.2 User Content

You retain ownership of your User Input. By submitting User Input, you grant Realtics a worldwide, royalty-free license to use, reproduce, and process such input solely for the purpose of providing and improving the Service.

7. Confidentiality & Data Security

Each party agrees to protect the Confidential Information of the other party with the same degree of care it uses to protect its own confidential information (but in no event less than reasonable care) and not to disclose such information to any third party except as required to perform obligations under this Agreement.

Realtics implements industry-standard technical and organizational measures to secure your data. However, you acknowledge that no system is impenetrable.

8. Disclaimer of Warranties

READ THIS SECTION CAREFULLY

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

Realtics does not warrant that (a) the Service will function uninterrupted or error-free; (b) the AI Output will be accurate or legally compliant; or (c) the Service will meet your specific requirements.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Realtics be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising from your use of the Service.

Realtics' total aggregate liability for any claims arising out of this Agreement shall not exceed the amount paid by you to Realtics in the twelve (12) months preceding the event giving rise to the claim, or one hundred Canadian dollars ($100 CAD), whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Realtics, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of this Agreement; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any professional negligence or misconduct in your provision of real estate services using the Service.

11. Term and Termination

This Agreement commences upon your first use of the Service and continues until terminated. You may terminate this Agreement by deleting your account. Realtics may terminate or suspend your access immediately, without prior notice, if you breach this Agreement, specifically including but not limited to the MLS® Compliance terms or Acceptable Use Policy.

12. General Provisions

  • Governing Law: This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
  • Dispute Resolution: Any dispute arising under this Agreement shall be resolved in the courts located in Toronto, Ontario.
  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Entire Agreement: This Agreement constitutes the entire agreement between you and Realtics regarding the Service.

Contact Information

For legal inquiries: support@realtics.ca
Realtics Inc.
Toronto, Ontario