Terms of service

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

1. Who these Terms are for

• The Service is for real estate professionals. You use it as a business, not as a consumer, and you acknowledge that consumer-protection regimes applicable to consumer agreements do not apply to this agreement.
• You must be at least 18, legally able to enter this agreement, and — for any feature that displays board data — a registrant or brokerage in good standing under the real estate legislation of your province (in Ontario, TRESA, administered by RECO).
• If you sign up on behalf of a brokerage or team, you warrant you have authority to bind them.
• Keep your account information accurate and your credentials safe; you are responsible for all activity under your account, and you must tell us immediately about any unauthorized use or security incident involving your account or your site.

2. The Service, and our right to change it

BrokerFold provides software-as-a-service for real estate professionals — websites, listing display, CRM, follow-up automation, and related services. The Service is licensed, not sold.

We may modify, add, replace, limit, suspend, or discontinue any feature or functionality of the Service — including templates, tools, data displays, and beta features — at any time, at our sole discretion. Where a change materially reduces the core Service you pay for, we will give you reasonable advance notice and you may cancel before it takes effect; no other modification obligates us to notice, liability, or a refund. Beta and pre-release features are provided as-is and may change or disappear without notice.

3. MLS® data: board rules control

Listing content reaches the Service under data agreements with real estate boards, and those boards may change their rules, policies, feeds, and requirements at any time, in their sole discretion. You therefore agree that:

• Board rules outrank these Terms and your configuration. We may change, restrict, redact, or remove any data, display, or feature — on your site or platform-wide, on short notice or none — where a board rule, demand, feed change, audit, or feed discontinuation requires it. Doing so is not a breach of these Terms and does not entitle you to a refund.
• You must obtain and keep in good standing your own board membership, regulatory registration, and every data agreement your board requires for your site (for TRREB, the IDX/VOW/DLA agreements naming BrokerFold as your designated service provider). We may verify your eligibility and standing with your board at any time.
• If your board membership, registration, or data agreement lapses or is revoked, the affected listing features stop serving — automatically and without refund — until it is restored.
• You will use board data only on your BrokerFold-served site(s) and only as board rules allow: no export, scraping, bulk download, derivative databases, pattern extraction, or AI/model training on listing data; no resale, syndication, sublicensing, or feeding it to any other system; no removing or altering required notices, disclaimers, or attribution; no representing that your site offers full MLS® System access.
• You are responsible for misuse of board data by you, your team, and your site’s visitors. You consent to the audit trails the platform keeps on your site’s gated data surfaces, and to our disclosure of those records — and your own — to the supplying board where its rules require, and you will cooperate with board verification and enforcement.
• You will follow CREA’s trademark rules wherever the MLS® and REALTOR® marks appear in content you control, and you will not put those marks in domain names or metadata.
• You will honour takedown and correction demands: where a board or a listing brokerage gives a legitimate notice, we may act on it directly and immediately.

4. Content you create

You retain your rights in the content you create, upload, or collect through the Service ("Your Content") — site copy, media, contacts, CRM records, configurations. You grant BrokerFold a licence to host, process, transmit, display, back up, and adapt Your Content as needed to operate and support the Service for you. You are solely responsible for Your Content — its accuracy, legality, and your right to use it — and for your own compliance with the laws that govern your business: TRESA/RECO advertising rules, PIPEDA, CASL, the Competition Act, the Human Rights Code, and every equivalent that applies to you. Publishing a privacy policy and terms for your own site’s visitors is part of the Service, but the legal responsibility for your relationships with your clients and leads is yours.

5. Acceptable use

You agree not to use the Service to:

• send spam or any commercial electronic message without the consent CASL requires;
• commit fraud or misrepresent your identity, licensing, brokerage affiliation, or authority;
• violate any law or third-party right, or upload content you have no right to use;
• interfere with the operation or security of the Service, probe or overload it, or bypass its limits and access controls;
• scrape, copy, or benchmark the Service or its data to build or inform a competing product, or reverse-engineer any part of it;
• resell, sublicense, white-label, or redistribute the Service except under an explicit written arrangement with us.

6. AI features

Some features use third-party AI models (currently Anthropic). AI output is probabilistic and can be wrong — review anything AI-assisted before it reaches a client, and don’t rely on it for legal, financial, or professional advice. Your content is never used to train AI models (see the privacy policy). AI features can be disabled for your workspace on request.

7. Fees, billing, and taxes

• Paid plans bill monthly, in advance, in Canadian dollars, to your card on file, which you authorize us to charge. Subscriptions renew automatically each cycle until cancelled.
• Plan prices, inclusions (including included seats), and add-on prices are as published; extra seats and additional boards bill as recurring line items on your subscription.
• Applicable taxes (GST/HST/PST) are added based on your billing address.
• Fees are non-refundable, including partial periods, except where these Terms or the law expressly require otherwise. Founding-cohort pricing follows our published founding-cohort terms.
• Price changes take effect on your next billing cycle after at least 30 days’ notice.
• Failed payment after two attempts, or any chargeback, may lead to suspension until resolved; chargeback fees we incur may be passed through. Contact support before disputing a charge — most issues resolve same-day.

8. Growth services and add-ons

One-time services (SEO page builds, design packages) and managed advertising are separate purchases governed by their published descriptions plus this section:

• No performance guarantees. We do not guarantee rankings, traffic, lead volume, or lead quality from any service, and no employee or agent is authorized to promise them.
• SEO packages are one-time page builds delivered onto your site — not subscriptions, and they do not include reporting, rank tracking, or strategy calls.
• Google Ads management is a separate monthly subscription sized by your chosen budget band. Your advertising budget is paid by you to Google directly and never passes through BrokerFold; our fee covers management only. You are responsible for your ad account and for the truthfulness of your advertising. Cancel any time from the billing portal, effective at the end of the cycle.
• One-time services begin after payment and are non-refundable once work has begun; delivered work is yours to keep on the platform under §4.

9. Free trial

Trials run 14 days, no credit card required. At the end of the trial the dashboard pauses until you subscribe; your site remains live for a short grace period, and your data is held per §11 so you can pick up where you left off or export.

10. Suspension

We may suspend your account or any feature immediately, with or without notice, where we reasonably believe it is needed to: respond to a board demand or rule change; contain a security risk or abuse; deal with unlawful activity or a material breach of these Terms; or address non-payment. Suspension does not stop fees from accruing, and we are the party that determines, acting reasonably, whether grounds exist.

11. Cancellation, termination, and your data

• You can cancel any time from billing settings; your plan runs to the end of the paid period.
• We may terminate: (a) for material breach — with notice and a 10-day cure period where the breach is curable, and immediately where it is not (fraud, data misuse, security abuse, board demand, loss of licensing); and (b) for convenience, on 30 days’ notice, refunding any prepaid period after the effective date in that case only.
• After cancellation or termination, your exportable content (contacts, leads, pages, media) remains available for export for 90 days, then is permanently deleted — except records we are legally required to keep. You can export it yourself from the product at any time before then.
• Board-licensed data is different: on termination of your board agreement or your account, MLS®-derived data is purged on the timelines board rules require. It is never part of your export.
• Sections of these Terms that by their nature survive (fees owed, indemnities, liability limits, IP, disputes, board-data obligations) survive termination.

12. Service availability

We target 99.95% uptime on the tenant edge, measured quarterly — a target, not a warranty. Interruptions, maintenance, upstream failures (boards, payment processors, AI and infrastructure providers), and data-refresh lag do not constitute a default of these Terms. Planned maintenance with customer impact is announced at least 24 hours ahead where practical.

13. Intellectual property

The Service — its software, templates, section library, designs, and everything derived from them — is and remains BrokerFold’s. You receive a limited, revocable, non-exclusive, non-transferable licence to use it for the duration of your subscription, and you agree not to contest our ownership. Feedback you give us may be used freely. MLS® data remains the property of the supplying boards and their licensors.

14. Disclaimers

The Service is provided "as is" and "as available." We do not warrant that it will be uninterrupted or error-free, that any feed will remain available, or that listing data — which comes from third parties — is accurate, current, or complete. We make no warranty of results: leads, rankings, or business outcomes depend on factors outside the Service.

15. Limitation of liability

To the maximum extent permitted by law: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data (beyond our published backup obligations); and BrokerFold’s total cumulative liability for all claims arising out of or relating to the Service or these Terms is capped at the fees you paid us in the three (3) months preceding the event giving rise to the claim. These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose; they do not limit liability that cannot be limited under Canadian law.

16. Indemnification

You will defend, indemnify, and hold harmless BrokerFold and its personnel from third-party claims, damages, and costs (including reasonable legal fees) arising from: (a) Your Content; (b) your use of the Service in breach of these Terms or of law; (c) your — or your visitors’ — breach of board data rules on your site; (d) your marketing and communications to your own leads and clients; and (e) chargebacks or payment disputes you initiate in bad faith. Where you sign for a brokerage, you and the brokerage are jointly and severally responsible. We control the defence of claims against us; you may participate at your cost. We will defend and indemnify you against third-party claims that the unmodified Service infringes a Canadian intellectual-property right.

17. Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there. The courts of Toronto, Ontario have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction — and you acknowledge that misuse of board data or our intellectual property causes harm that money alone cannot fix. To the extent the law allows for business agreements, any claim must be started within one (1) year of the day it was discovered. Talk to us first: most disputes resolve at support@brokerfold.com.

18. General

• These Terms (with the policies they reference and your plan/order details) are the entire agreement and replace prior discussions.
• If a provision is unenforceable it is modified to the minimum extent needed, and the rest stands. Our not enforcing a provision is not a waiver.
• You may not assign these Terms without our written consent; we may assign them to a successor in a merger, acquisition, financing, or reorganization.
• Neither party is liable for delay or failure caused by events beyond its reasonable control (including board feed changes, infrastructure outages, and force majeure) — other than payment obligations.
• The parties are independent contractors; nothing here creates an agency, partnership, or employment relationship, and there are no third-party beneficiaries except that the supplying real estate boards may enforce the board-data provisions that protect them.
• Notices to us: support@brokerfold.com. Notices to you: the email on your account — you consent to electronic notice. The parties have required these Terms to be drafted in English.

19. Contact

BrokerFold · Toronto, Ontario, Canada · support@brokerfold.com