Terms of Service

Last Updated: July 2025

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH REALTY GOPHER, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY AND DATA PROCESSING AGREEMENT (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND REALTY GOPHER LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "REALTY GOPHER," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH REALTY GOPHER RELATED TO THE PLATFORM.

Realty Gopher reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Realty Gopher is only providing the Platform for your business use without any promise of exclusivity. Realty Gopher's customers, users, real estate professionals, and partners are not Realty Gopher's employees, contractors, or representatives. Realty Gopher is not responsible for any interactions between you and your clients, other than providing access to the Platform. Realty Gopher is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your clients, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your clients.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1. Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

1.2 Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use by real estate professionals or in connection with an individual's real estate practice. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

1.3 Intended Use. You and your clients may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your clients will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your clients will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms, including all real estate licensing requirements; (ii) You are fully responsible for your actions and the actions of your employees, agents, and clients who use the Platform; (iii) You are fully responsible for the use of the Platform by your clients; (iv) You, your employees, agents and clients will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms; (vi) You own or control all rights in and to all content you provide to Realty Gopher; (vii) You, your employees, and your clients will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers; and (viii) You will not give access to the Platform or Services to a direct Competitor of Realty Gopher.

1.4 Compliance: You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to real estate licensing laws, fair housing laws, TCPA, CAN-SPAM Act, and other data privacy laws. Realty Gopher is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.

1.5 Privacy. By using the Platform and providing Information on or through the Platform, you consent to Realty Gopher's use and disclosure of the Information in accordance with the Privacy Policy available on our website and incorporated herein by reference. You agree that Realty Gopher has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your clients with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by Realty Gopher.

1.6 Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Realty Gopher immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Realty Gopher reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Realty Gopher's opinion, you have violated any provision of these Terms.

1.7 Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods for lead generation and client communication. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act ("TCPA"), the Do Not Call Registry Rules and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Realty Gopher is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. Realty Gopher is a technology platform communication service application provider ONLY. All communications are created by and initiated by you, whether generated by You or sent automatically via the Platform at Your direction.

1.8 Third Party Services. You may choose to access certain Third-Party Services through the Platform, including MLS integrations, CRM systems, and other real estate tools. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to Realty Gopher to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform.

1.9 Lead Generation Services. Realty Gopher provides AI-powered lead generation, lead qualification, and appointment booking services. You acknowledge that leads generated through the Platform are provided "as is" and Realty Gopher makes no guarantees regarding the quality, conversion rate, or success of any leads provided. You are solely responsible for following up with leads, qualifying prospects, and converting leads into clients in accordance with all applicable real estate laws and regulations.

1.10 Excessive Use Restrictions; Trials. Realty Gopher provides access to the Platform on a tiered-pricing basis. If, in Realty Gopher's sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may (1) require that you upgrade your Services; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use. Trial periods are not intended to be used consecutively.

1.11 Platform Updates. Realty Gopher reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Realty Gopher's future delivery or release of any functionality or feature.

1.12 International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Realty Gopher makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States.

1.13 Artificial Intelligence Acceptable Use Policy: Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with applicable laws and ethical standards for AI use in real estate marketing.

2. Fees and Payment

2.1 Subscription Fees. Access to the Platform requires payment of subscription fees as described on our website or in your service agreement. All fees are non-refundable except as required by law. You authorize us to charge your payment method for all applicable fees.

2.2 Communication Surcharges. Additional charges may apply for SMS, email, and other communication services used through the Platform. These charges will be clearly disclosed and added to your invoice.

2.3 Late Payment. If payment is not received when due, Realty Gopher may suspend or terminate your access to the Platform until payment is received.

3. Intellectual Property

3.1 Ownership. All content, trademarks, and intellectual property on the Platform are owned by Realty Gopher or our licensors. You may not use, copy, or distribute any content from our Platform without our prior written consent.

3.2 User Content. You retain ownership of any content you upload to the Platform. By uploading content, you grant Realty Gopher a license to use, modify, and display such content as necessary to provide the Services.

4. Prohibited Uses

You agree not to use the Platform for any unlawful or prohibited purpose, including but not limited to:

Violating any applicable laws or regulations, including real estate licensing laws

Infringing the intellectual property or other rights of others

Transmitting spam, unsolicited communications, or harmful code

Attempting to gain unauthorized access to our systems or data

Violating fair housing laws or engaging in discriminatory practices

Making false or misleading representations about properties or services

5. Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." REALTY GOPHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY LEADS GENERATED WILL RESULT IN SUCCESSFUL TRANSACTIONS.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, REALTY GOPHER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

7. Indemnification

You agree to indemnify and hold harmless Realty Gopher and its affiliates from any claims, damages, liabilities, and expenses arising from your use of the Platform or your violation of these Terms, including any claims related to your real estate practice or client relationships.

8. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause or notice. Upon termination, your right to use the Platform will immediately cease, and any outstanding fees will become immediately due and payable.

9. Dispute Resolution

9.1 Mandatory Arbitration. Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in [Your County], Florida.

9.2 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

10. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any disputes not subject to arbitration will be resolved in the state or federal courts located in [Your County], Florida.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on our website. Your continued use of the Platform after changes become effective constitutes your acceptance of the new Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Realty Gopher LLC

7901 4th St N STE 300, St. Petersburg Florida 33702
Email: [email protected]