Terms of service

These Terms of Service ("Terms") form a legal agreement between you ("you", "Customer") and SearchPod Inc. ("BrokerFold", "we", "us") governing your use of the platform available at brokerfold.com and related subdomains (the "Service"). By using the Service you accept these Terms.

1. The Service

BrokerFold provides software-as-a-service tools for real estate professionals — websites, customer relationship management, AI-assisted lead follow-up, and related services. The Service is licensed, not sold, for your use under these Terms.

2. Your account

• You must be at least 18 and authorized to enter this agreement.
• Provide accurate account information (name, business details, billing address). Update it when it changes.
• You're responsible for activity under your account. Keep credentials safe; enable multi-factor authentication. We take security seriously (see /security), but you're responsible for what happens when your password leaks.
• If you're signing on behalf of a brokerage or team, you warrant that you have the authority to bind them to these Terms.

3. MLS data and feed compliance

BrokerFold displays real estate listings provided by licensed Canadian MLS boards under the terms of their respective data licenses. You agree to:

• Comply with all rules, policies, and data-use terms of every MLS board whose feed you connect to BrokerFold.
• Maintain required licensing and regulatory status (RECO, provincial regulatory body, etc.) as long as you display the board's data.
• Not use MLS data outside the scope permitted by the feed (no scraping for third-party resale, no bulk download for private databases, no use inconsistent with the displayed public purpose).
• Remove or restrict content on request if the board or a listing agent provides a legitimate takedown notice.

If your MLS board revokes your feed credentials, or your licensing lapses, the listing features of the Service may stop working. We'll help you restore access but can't substitute for your board relationship.

4. Content you create

You retain all rights to the content you create, upload, or collect through the Service ("Your Content") — website copy, blog posts, contact records, message history, uploaded media, custom configurations.

You grant BrokerFold a limited license to host, process, transmit, display, and create backups of Your Content solely to operate the Service on your behalf. That license ends when you cancel (subject to the retention rules in §9).

You represent that Your Content is lawful for you to provide, doesn't infringe third-party rights, and complies with applicable privacy and anti-spam laws (especially PIPEDA and CASL in the Canadian market).

5. Acceptable use

You agree not to use the Service to:

• Send spam or harassment (including unsolicited commercial electronic messages).
• Commit fraud or misrepresent your identity, license, brokerage affiliation, or authority to act for a client.
• Violate any law — including CASL, PIPEDA, consumer protection, real estate regulation, or human rights statutes.
• Circumvent Service limits, reverse-engineer proprietary code, or probe for vulnerabilities outside our responsible-disclosure channel.
• Upload malware or content designed to harm other users of the Service or their site visitors.
• Resell, sublicense, white-label, or otherwise redistribute the Service to third parties, except under an explicit Brokerage-plan white-label arrangement with us.

We may suspend or terminate accounts engaging in the above, with or without advance notice depending on severity.

6. AI features

Some features use third-party AI models (currently Anthropic Claude and OpenAI). By using those features you understand that:

• AI output is probabilistic and may be wrong. You are responsible for reviewing AI-generated content before it reaches a client.
• AI will not be used to negotiate on your behalf, commit to prices, or give legal or financial advice.
• Your content is never used to train third-party models. See the privacy policy §7 for the contractual detail.
• You can disable AI features for your tenant from Settings at any time.

7. Billing

• Paid plans bill monthly or annually in advance in Canadian dollars.
• Applicable sales taxes (GST/HST/PST) are added based on your billing address.
• Non-payment after two attempts to charge your primary payment method leads to account suspension. We'll email you before that happens.
• Price changes for ongoing plans require 30 days' advance notice by email. Founding-cohort customers keep their locked-in price per our published founding-cohort terms.
• Disputed charges: contact support@brokerfold.com before initiating a chargeback. Most issues resolve same-day.

8. Free trial

We offer a 14-day free trial on agent plans. The trial doesn't require a credit card. At the end of the trial you can pick a paid plan, export your data, or let the account lapse into read-only.

9. Cancellation, termination, and data retention

• You can cancel at any time from the billing settings. Your plan remains active through the end of the current billing period.
• No refunds for partial periods. You keep the Service for what you've already paid for.
• After cancellation, your data stays in read-only for 90 days. After 90 days we permanently delete it, other than records we're legally required to retain (tax invoices for seven years, for example).
• You can export your data from the product yourself at any time, before or after cancellation, without a support ticket.
• We may terminate an account for material breach of these Terms, usually with notice and a cure period. In egregious cases (fraud, severe abuse, law enforcement obligations) we may suspend immediately.

10. Service availability

We target 99.95% uptime on the tenant edge, measured quarterly. Planned maintenance with customer impact is announced at least 24 hours in advance. We're not liable for outages caused by upstream providers (MLS boards, payment processors, AI providers) or force-majeure events beyond our reasonable control.

11. Intellectual property

The Service, its templates, code, and visual design are the intellectual property of BrokerFold. You receive a revocable, non-exclusive, non-transferable license to use them for the duration of your subscription. You may not copy, modify, or create derivative works of the Service itself (your Content is separate — see §4).

12. Disclaimers

The Service is provided "as is" and "as available." We make reasonable efforts to provide a reliable, secure product — but we don't warrant it will be uninterrupted, error-free, or suitable for any specific purpose other than the ones we describe publicly.

MLS data is provided by third parties. We display it in good faith, but we can't guarantee its accuracy or completeness. You should verify anything important before relying on it for a transaction.

13. Limitation of liability

To the maximum extent permitted by applicable law, BrokerFold's total liability for any claim arising from these Terms or the Service is limited to the fees you paid us in the 12 months preceding the claim. Neither party is liable for indirect, consequential, or special damages — lost profits, lost data beyond our backup obligations, or loss of business opportunity.

Nothing in this section limits liability that cannot be limited under applicable Canadian law (gross negligence, fraud, death or personal injury caused by negligence).

14. Indemnification

You'll defend and indemnify BrokerFold against third-party claims arising from (a) Your Content, (b) your use of the Service in violation of these Terms, and (c) your breach of MLS-board data-use rules. We'll defend and indemnify you against third-party IP claims that the Service itself (as delivered by us, unmodified) infringes a Canadian IP right.

15. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. The courts of Ontario have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction.

We'll make good-faith efforts to resolve disputes informally first — email support@brokerfold.com before filing anything.

16. Changes to these Terms

Material changes are announced at least 30 days in advance by email to active customers. Minor, clarifying changes (typos, reorganization, tightening language that doesn't change substance) can be made on the page with the updated date. A superseded version is archived and available on request.

17. General

• If any provision is found unenforceable, the rest remains in effect.
• Our delay or failure to enforce a provision isn't a waiver.
• You may not assign these Terms without our written consent. We may assign to a successor in a merger, acquisition, or corporate reorganization.
• Notices to us go to support@brokerfold.com; notices to you go to the email on your account.

18. Contact

SearchPod Inc. (d.b.a. BrokerFold) · Toronto, Ontario, Canada · support@brokerfold.com