Application End User License Agreement

AgentDuty Platform User License Agreement

 

This User License Agreement (the “Agreement”) establishes a binding legal contract between AgentDuty, LLC (“AgentDuty,” “We,” “Us,” or “Our”) and you as the end user (“User” or “You”). It controls your rights to access, download, install, and interact with our software platform, including the mobile application, related documentation, and all associated services (collectively, the “Platform” or “Application”). Remember, the Platform is provided to you under a license, not as a sale, and your use is conditioned on full compliance with these terms.

 

 

PLATFORM OVERVIEW AND INTENDED FUNCTION

 

AgentDuty provides and operates the Platform as a sophisticated, mobile-accessible digital marketplace and networking system meticulously engineered to facilitate meaningful connections among duly qualified and licensed real estate professionals across the United States. At its core, the Platform serves as a specialized conduit that enables “Booking Agents”—who are fully licensed real estate agents or brokers actively seeking supplementary support or delegation for various real estate-related tasks and responsibilities—to seamlessly link up with “Servicing Agents”—who are similarly licensed real estate agents or brokers willing and available to undertake and execute those specific tasks on a contractual basis (collectively referred to as “Servicing Agent Services”). This interconnected framework is intended to streamline workflows, enhance efficiency, and promote collaborative opportunities within the real estate industry, all while adhering strictly to the professional standards and regulatory requirements governing licensed practitioners. In furtherance of this objective, and contingent upon your unqualified compliance with all terms, conditions, and eligibility criteria detailed throughout this Agreement, AgentDuty hereby extends to you a limited, revocable, temporary, non-exclusive, and non-transferable license and permission to access, utilize, and interact with the Platform exclusively for the aforementioned matchmaking and connection purposes, and for no other unauthorized or extraneous activities. This grant is expressly conditioned on your satisfaction of every eligibility requirement and ongoing obligation as set forth in the subsequent sections of this Agreement, including but not limited to the user verification and licensure mandates.

 

By entering into this Agreement and engaging with the Platform, you expressly acknowledge, understand, and affirm that AgentDuty does not undertake, perform, or assume any role in independently verifying, endorsing, warranting, or otherwise guaranteeing the validity, completeness, or reliability of various critical aspects pertaining to user interactions and representations on the Platform. This includes, without limitation: (A) the existence, nature, or legitimacy of any Booking Agent’s affiliations, relationships, or contractual arrangements with a brokerage firm or any other professional entity; (B) the truthfulness, accuracy, or authenticity of any statements, claims, credentials, or representations made by you personally or by any other users, whether such representations pertain to licensing status, professional experience, availability, or any other pertinent details; (C) a Servicing Agent’s actual capability, willingness, readiness, or intent to fully and satisfactorily deliver, complete, or fulfill the Servicing Agent Services that they have agreed to provide, including any commitments regarding timelines, quality standards, or scope of work; or (D) the assurance that Servicing Agents will steadfastly adhere to and refrain from engaging in any prohibited conduct as explicitly delineated in this Agreement, such as the unauthorized dissemination or sharing of competitive or sensitive insights—including, for example, providing unsolicited opinions on property valuations, market conditions, physical states of real estate, or any other advisory information—or the direct or indirect solicitation, poaching, or enticement of clients, leads, or business opportunities from Booking Agents or their associated parties, notwithstanding that such actions are categorically and strictly forbidden under the terms herein and may also violate applicable real estate ethical codes and legal standards. In light of these inherent limitations and disclaimers, it is incumbent upon all users of the Platform—including but not limited to Booking Agents, Servicing Agents, and any affiliated brokerages, firms, or entities—to exercise prudent judgment, conduct thorough and independent due diligence, perform comprehensive background checks, and verify all relevant information about their potential counterparts prior to entering into any agreements, contracts, or engagements facilitated through the Platform. AgentDuty strongly recommends consulting with legal counsel, reviewing official licensing records, and employing other verification methods to mitigate risks and ensure compliance with all applicable laws and professional obligations.

 

Of paramount importance, you further acknowledge and agree that AgentDuty itself does not, under any circumstances, request, solicit, offer, provide, or otherwise engage in the direct or indirect provision of any real estate services, brokerage activities, or related professional assistance. We maintain a neutral, facilitative role solely as the developer, operator, and maintainer of the Platform technology, without any involvement whatsoever in the substantive aspects of real estate transactions, such as the showing of properties to prospective buyers or tenants, the marketing or selling of real estate listings, the facilitation of purchases or acquisitions, the negotiation of deals, or any form of advisory, representational, or transactional support in real property matters. Accordingly, AgentDuty expressly disclaims any and all control, oversight, supervision, or influence over the quality, timeliness, accuracy, legality, completeness, safety, or overall efficacy of the Servicing Agent Services rendered between users. We bear no responsibility, liability, or accountability for the conduct, communications, representations, performance, omissions, or any other actions or inactions of users on the Platform, including but not limited to any disputes, misunderstandings, failures to deliver services, breaches of agreements, or adverse outcomes arising from interactions facilitated hereby. This disclaimer is intended to underscore the Platform’s role as a mere technological intermediary, empowering licensed professionals to connect while placing the onus of responsibility squarely on the users themselves to manage their engagements professionally and ethically.

 

 

LICENSE SCOPE AND PROHIBITIONS

 

Provided that you maintain continuous and unwavering compliance with each and every term, condition, restriction, and obligation articulated throughout the entirety of this Agreement; including but not limited to the user eligibility criteria, representations and warranties, content guidelines, and all other applicable provisions; AgentDuty hereby grants to you, on a conditional basis, a strictly limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to download, install, access, and operate the Application solely on mobile or other electronic devices that are owned by you or otherwise under your direct and legitimate control (collectively referred to as your “Device”). This license further permits you to interact with, utilize, and engage the various features, functionalities, and services made available through the Application, but only in the precise manner and for the exact purposes explicitly described and authorized within this Agreement, the accompanying Privacy Policy, and any supplementary documentation or guidelines provided by AgentDuty from time to time. It is imperative to note that this license does not confer upon you any ownership rights, title, or interest in the Application or any of its components, nor does it imply any form of permanent entitlement; rather, it represents a temporary permission that AgentDuty may, in its sole and absolute discretion, revoke, suspend, terminate, or otherwise withdraw at any time, for any reason or no reason whatsoever, without the requirement of providing prior notice, explanation, or recourse to you. Such revocation may occur, for example, in response to suspected violations of this Agreement, changes in business operations, legal requirements, or any other circumstances deemed appropriate by AgentDuty, and you acknowledge that no compensation, refund, or liability shall arise therefrom.

 

In order to safeguard the integrity, proprietary nature, and operational security of the Application, as well as to protect the intellectual property rights of AgentDuty and its licensors, you are expressly and categorically prohibited from engaging in any of the following activities, whether directly, indirectly, or through any third party, and any attempt to do so shall constitute a material breach of this Agreement, potentially resulting in immediate termination of your license, account suspension, legal action, or other remedies as determined by AgentDuty:

 

  • Copying, reproducing, duplicating, or otherwise replicating the Application or any portion thereof, including but not limited to its code, design elements, user interfaces, graphics, or documentation, in any form or medium, whether for personal use, backup purposes, or distribution to others;
  • Modifying, altering, adapting, translating, enhancing, or otherwise creating derivative works, improvements, or variations of the Application, regardless of whether such modifications are patentable, copyrightable, or otherwise protectable under intellectual property laws, and irrespective of the intent behind such changes (e.g., to customize, integrate with other software, or address perceived deficiencies);
  • Reverse-engineering, disassembling, decompiling, decoding, or otherwise attempting to derive, extract, or gain unauthorized access to the underlying source code, algorithms, structures, architectures, or proprietary technologies embedded within the Application or any of its components, including through the use of debugging tools, software analysis programs, or any other technical means;
  • Removing, deleting, obscuring, altering, or in any way tampering with any trademarks, service marks, copyrights, patents, proprietary notices, watermarks, or other intellectual property or ownership indicators that are affixed to, embedded in, or displayed by the Application, including on any copies, screenshots, or derivative materials thereof;
  • Renting, leasing, lending, selling, sublicensing, assigning, transferring, distributing, publishing, broadcasting, or otherwise making available the Application, its features, or any related functionalities to any third party, individual, or entity for any reason whatsoever, including but not limited to through network sharing, cloud-based access, or any arrangement that permits simultaneous or multi-user access beyond the scope of your personal Device;
  • Removing, disabling, circumventing, bypassing, or otherwise creating, implementing, or utilizing any workaround, exploit, or mechanism designed to evade, override, or interfere with the copy protection systems, digital rights management features, security protocols, encryption methods, authentication processes, or any other protective measures incorporated into or safeguarding the Application, whether for the purpose of unauthorized access, modification, or otherwise;
  • Using, accessing, or deploying the Application in any manner, context, or for any purpose that infringes upon, misappropriates, or otherwise violates the intellectual property rights, proprietary interests, privacy rights, or any other legal rights of any person, entity, or third party, or that contravenes, breaches, or fails to comply with any applicable local, state, federal, or international laws, regulations, statutes, ordinances, or industry standards, including but not limited to those pertaining to data protection, consumer privacy, export controls, anti-competitive practices, or real estate professional conduct.

 

These prohibitions are fundamental to the protection of AgentDuty’s valuable assets and are enforceable to the fullest extent permitted by law. Any violation may not only result in the immediate revocation of your license but also expose you to civil liabilities, including damages, injunctive relief, and attorneys’ fees, as well as potential criminal penalties where applicable. AgentDuty reserves the right to monitor usage of the Application for compliance purposes and to take any necessary actions to enforce these restrictions.

 

You expressly acknowledge, understand, and irrevocably agree that the Application and the broader Platform, encompassing all of its constituent elements such as software code, algorithms, databases, user interfaces, graphics, audiovisual components, documentation, updates, enhancements, and any other tangible or intangible aspects thereof, shall at all times remain the sole and exclusive property of AgentDuty, LLC, its affiliates, licensors, and service providers. Under no circumstances, whether through your access, use, installation, or any other interaction with the Platform pursuant to this Agreement or otherwise, do you acquire, obtain, or receive any form of ownership interest, title, equity, or proprietary claim in or to the Application, the Platform, or any related materials, nor shall this Agreement be construed as effecting a sale, transfer, conveyance, or assignment of any such rights to you. The license granted herein is precisely that—a mere permissive right to use under strictly defined parameters—and does not, in any way, diminish, alter, or impair AgentDuty’s absolute dominion and control over the Platform.

 

Accordingly, AgentDuty, together with its licensors, suppliers, content providers, and any other third-party collaborators (collectively, “our providers”), hereby reserve, retain, and shall continue to hold in perpetuity all right, title, and interest in and to the Application and the Platform, including but not limited to all copyrights (whether registered or unregistered), trademarks, service marks, trade names, logos, patents (issued or pending), trade secrets, moral rights, database rights, mask work rights, and any other forms of intellectual property rights or proprietary protections recognized under applicable laws, regulations, or international conventions anywhere in the world. This comprehensive reservation extends to all derivatives, modifications, improvements, adaptations, translations, compilations, and enhancements of the Platform, regardless of whether created by AgentDuty, its providers, or any other party, and irrespective of the medium or format in which they exist. The only exception to this absolute retention of rights is the narrowly tailored, limited license explicitly granted to you in the preceding sections of this Agreement, which is subject to immediate revocation upon any breach or at AgentDuty’s discretion, and which confers no additional privileges, implied licenses, or equitable interests beyond those expressly stated. You further agree not to challenge, contest, or dispute AgentDuty’s or its providers’ ownership or rights in the Platform, and you covenant to take no actions that could undermine, encumber, or interfere with such rights, including but not limited to filing any conflicting intellectual property applications or engaging in any unauthorized exploitation. In the event of any ambiguity or dispute regarding ownership, all presumptions shall favor AgentDuty, and you waive any claims to the contrary. This provision is essential to preserving the value and integrity of AgentDuty’s innovations and shall survive any termination or expiration of this Agreement.

 

USER ELIGIBILITY AND VERIFICATION

 

Eligibility for access and utilization of the Platform is strictly and exclusively limited to qualified individuals who are duly licensed real estate professionals, specifically categorized as either Booking Agents or Servicing Agents, as those terms are precisely defined in the preceding sections of this Agreement. To reiterate and clarify, a “Booking Agent” refers to a licensed real estate agent or broker who leverages the Platform to identify and engage another licensed professional for the purpose of delegating or obtaining assistance with real estate-related tasks, while a “Servicing Agent” denotes a licensed real estate agent or broker who utilizes the Platform to offer and perform such tasks on behalf of Booking Agents. In order to qualify under these designations and gain permissible entry to the Platform, you must unequivocally meet the criteria of a “Licensed Real Estate Professional,” which entails holding an active, valid, and unrestricted real estate license issued by a recognized regulatory authority in one or more states or territories within the United States. This license must authorize you to represent and facilitate transactions on behalf of both buyers and sellers in real estate dealings, including but not limited to property sales, purchases, leases, and related negotiations. Furthermore, as a Licensed Real Estate Professional, you are required to maintain full and unrestricted access to the Multiple Listing Service (MLS) systems that are governed and regulated by the National Association of Realtors (NAR) or equivalent professional bodies, ensuring your ability to retrieve, update, and utilize comprehensive real estate listing data in compliance with industry norms. In addition to these licensing prerequisites, you must consistently demonstrate adherence to the established ethical codes, professional conduct guidelines, and standards of practice promulgated by the NAR and any applicable state or local real estate boards or associations (collectively referred to as the “Real Estate Standards”). These Real Estate Standards encompass principles such as honesty, integrity, fiduciary duty, fair dealing, and avoidance of conflicts of interest, all of which are integral to maintaining the trust and professionalism expected in the real estate sector. Failure to satisfy any of these eligibility components at any time during your engagement with the Platform shall render you ineligible for access and may result in immediate suspension or termination of your account, without prejudice to any other remedies available to AgentDuty.

 

By affirmatively indicating your acceptance of this Agreement—whether through clicking an “Accept,” “Agree,” “Continue,” or similarly worded button, downloading or installing the Application, creating an account, or otherwise accessing or using any features of the Platform—you hereby: (A) affirmatively represent and certify that you have thoroughly read, reviewed, and fully comprehend the entirety of this Agreement, including all of its terms, conditions, disclaimers, and incorporated documents, as well as our separately stated Privacy Policy, which governs the collection, use, and protection of your personal information; (B) warrant, guarantee, and covenant that you possess and maintain the requisite licensed status as a Licensed Real Estate Professional, as detailed above, and that you are in full and ongoing compliance with all applicable Real Estate Standards, including any continuing education requirements, disciplinary histories, or regulatory obligations imposed by licensing authorities; (C) explicitly confirm and attest that you are at least eighteen (18) years of age or, if higher, have attained the legal age of majority in your jurisdiction of residence or operation, thereby possessing the full legal capacity and authority to enter into binding contractual agreements without the need for parental or guardian consent; and (D) unconditionally accept, consent to, and agree to be legally bound by all provisions of this Agreement, encompassing any future amendments, updates, or modifications that AgentDuty may implement from time to time in accordance with the procedures outlined herein. Your acceptance signifies a knowing and voluntary commitment, and it extends to all updates or revisions to this Agreement, which shall become effective upon notice as described elsewhere in this document. In the event that you do not agree with any aspect of these terms, cannot truthfully make the required representations and warranties, or are otherwise unable or unwilling to comply, you are strictly prohibited from proceeding and must immediately cease all access, discontinue any use of the Platform, delete the Application from your Device, and terminate your account if one has been created. This Agreement shall supersede, replace, and nullify any and all prior agreements, understandings, arrangements, or communications—whether oral, written, implied, or electronic—between you and AgentDuty concerning the subject matter hereof, including any previous versions of end-user licenses or terms of service related to the Platform.

 

IT IS CRITICAL TO EMPHASIZE THAT THE PLATFORM IS DESIGNED, INTENDED, AND RESTRICTED EXCLUSIVELY FOR USE BY LICENSED REAL ESTATE PROFESSIONALS WHO MEET THE STRINGENT CRITERIA OUTLINED ABOVE. If you do not qualify as a Licensed Real Estate Professional—such as if your license has expired, been suspended, revoked, or is otherwise invalid; if you lack authorization to handle buyer/seller transactions; if you do not have MLS access; or if you fail to comply with Real Estate Standards—you are expressly forbidden from accessing, downloading, installing, or using the Platform in any capacity. In such circumstances, you must promptly and without delay halt all interactions with the Platform, refrain from any further attempts to log in or engage its features, and proceed to delete your account through the designated account management tools or by contacting AgentDuty support as provided in this Agreement. Continued unauthorized use may expose you to legal consequences, including but not limited to claims for breach of contract, unauthorized access, or violations of intellectual property rights, and AgentDuty reserves the right to pursue all available remedies to enforce this restriction.

 

As part of our efforts to promote a secure and compliant user environment, AgentDuty may, at its sole discretion and at any time—whether during the initial registration process, periodic reviews, or in response to specific activities—initiate and conduct verification procedures to confirm your identity, professional credentials, and licensing status. These procedures may involve, without limitation, the engagement of reputable third-party service providers, databases, or verification platforms to cross-reference your provided information against official records, such as state licensing boards, NAR databases, or other authoritative sources. You hereby consent to and authorize such verification processes, including the sharing of your personal and professional data with these third parties as necessary to facilitate the checks. Notwithstanding these potential measures, you acknowledge and agree that AgentDuty does not guarantee, warrant, or represent the completeness, accuracy, timeliness, or reliability of any verification results, nor do we endorse or assume responsibility for the authenticity of any user’s claimed identity or credentials. The verification processes are provided as a convenience and risk-mitigation tool only, and they do not constitute a certification, endorsement, or assurance by AgentDuty that any user is who they purport to be or possesses the qualifications they assert. Consequently, AgentDuty expressly disclaims any and all liability, responsibility, or accountability arising from or related to the outcomes of these verifications, including but not limited to any errors, omissions, inaccuracies, false positives, false negatives, or subsequent changes in a user’s status that may not be detected. Users are solely responsible for independently validating the credentials and representations of their counterparts on the Platform, and AgentDuty shall not be held liable for any damages, losses, disputes, or claims resulting from reliance on or deficiencies in the verification processes. This disclaimer is intended to underscore the shared responsibility model of the Platform, where users must exercise due diligence to ensure safe and compliant interactions.

 

 

YOUR COMMITMENTS AND ASSURANCES

 

In your capacity as a registered and active User of the Platform, you hereby make the following solemn promises, representations, warranties, and covenants to AgentDuty, which are material inducements for us to grant you access and license rights under this Agreement. These assurances are ongoing obligations that must be upheld throughout the entire duration of your engagement with the Platform, and any breach thereof may result in immediate suspension, termination, or other remedial actions at AgentDuty’s sole discretion. You acknowledge that these commitments are essential to fostering a trustworthy, compliant, and professional environment for all participants, and they align with the overarching goals of promoting ethical real estate practices while mitigating risks associated with user interactions.

 

Specifically, you represent, warrant, and covenant as follows:

  • That you are at least eighteen (18) years of age or, if applicable in your jurisdiction, have reached the legal age of majority required to enter into enforceable contracts, thereby possessing the full mental capacity, maturity, and legal standing to understand, agree to, and be bound by the terms of this Agreement without any limitations or qualifications;
  • That you have carefully reviewed, fully understand, and unconditionally accept each and every term, condition, provision, disclaimer, and obligation set forth in this Agreement, including all incorporated documents such as the Privacy Policy and any addendums or updates, and that your acceptance is voluntary and not the result of duress, undue influence, or misrepresentation;
  • That you possess the requisite right, power, authority, and legal capacity to enter into this Agreement on your own behalf (or, if applicable, on behalf of any entity you represent), and that you will faithfully abide by, perform, and comply with all terms and conditions herein, without exception, deviation, or reservation, throughout the term of this Agreement and any extensions thereof;
  • That you will exclusively use your true, accurate, and legal full name (or, if registering on behalf of a business entity, the entity’s official legal name) when creating, maintaining, or updating your account profile on the Platform, and you will not employ any pseudonyms, aliases, fictitious names, or misleading identifiers that could deceive other users or obscure your identity;
  • That you will not, under any circumstances, utilize the Platform or any of its features, communications tools, or user interactions to solicit, recruit, or otherwise seek employment opportunities for yourself or third parties, nor will you attempt to induce, encourage, persuade, or influence any other users to terminate, resign from, or otherwise discontinue their current employment, professional affiliations, or contractual relationships with brokerages, firms, or other entities in the real estate industry;
  • That you will strictly limit the offering, provision, acceptance, or performance of any Servicing Agent Services to only those geographic jurisdictions, states, territories, or regions where you hold a current, active, and valid real estate license or brokerage authorization, ensuring full compliance with all local licensing requirements and avoiding any unauthorized practice of real estate in unlicensed areas, which could expose you to regulatory sanctions or legal liabilities;
  • That prior to engaging in any activities as a Booking Agent or Servicing Agent via the Platform, you will diligently secure, obtain, and maintain all necessary permissions, consents, approvals, or authorizations required under applicable laws, professional standards, or contractual obligations—such as explicit written permission from your employing brokerage, supervising broker, clients, or any other relevant parties—to utilize the Platform for delegating, accepting, or performing real estate-related tasks, thereby preventing any conflicts of interest, breaches of fiduciary duties, or unauthorized representations;
  • That you will at all times respect, protect, and uphold the privacy rights, property interests, and data protection entitlements of fellow users, clients, service recipients, and any other individuals or entities encountered through the Platform, including by refraining from unauthorized collection, use, disclosure, or processing of personal information, adhering to data security best practices, and complying with all relevant privacy laws such as the California Consumer Privacy Act (CCPA) or equivalent regulations;
  • That you will honor, fulfill, and execute all commitments, agreements, or arrangements you enter into with other users via the Platform, including by communicating clearly, transparently, and promptly through approved channels, responding to inquiries or requests in a timely manner, and being physically present, available, or responsive at the exact times and locations mutually agreed upon, thereby minimizing disruptions and building mutual trust;
  • That in all interactions with other users, clients, or third parties facilitated by or related to the Platform—whether in providing Servicing Agent Services, responding to requests, or engaging in communications—you will conduct yourself with the utmost professionalism, courtesy, and responsibility, strictly in accordance with the Real Estate Standards, including principles of integrity, competence, confidentiality, and avoidance of any conduct that could harm the reputation of the real estate profession;
  • That during your access to, use of, or interaction with the Platform, you will act in complete good faith and in full conformity with all applicable local, state, provincial, national, federal, and international laws, statutes, regulations, ordinances, customs, treaties, and industry guidelines, including without limitation those governing real estate practices, consumer protection, anti-discrimination, data export and import controls (such as U.S. export administration regulations), antitrust, and any other legal frameworks relevant to your activities.

 

In addition to the foregoing representations and warranties, you agree to indemnify, defend, and hold harmless AgentDuty, along with its officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, licensors, service providers, and any other related parties (collectively, the “Indemnified Parties”), from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind or nature—including but not limited to reasonable attorneys’ fees, court costs, expert witness fees, and any other out-of-pocket expenditures—arising out of, resulting from, or in any way connected to: (i) your breach or alleged breach of any of the promises, representations, warranties, or covenants set forth in this section or elsewhere in this Agreement; (ii) your misuse, unauthorized use, or negligent use of the Platform, including any violations of the license restrictions or prohibited activities; (iii) any claims, disputes, or allegations brought by third parties or non-parties related to your conduct, content, services, or interactions on the Platform, whether based on contract, tort, negligence, strict liability, intellectual property infringement, privacy violations, or any other legal theory; or (iv) any other acts or omissions attributable to you that contravene the terms herein. This indemnification obligation shall apply to each such claim or allegation individually and cumulatively, without regard to whether they arise from your intentional, reckless, or negligent behavior, and it shall survive the termination or expiration of this Agreement. You further agree to cooperate fully with the Indemnified Parties in the defense of any such claims, including providing necessary information, documentation, and testimony, and you acknowledge that AgentDuty may, at its option, assume control of the defense or settlement of any indemnifiable matter, with you remaining responsible for all associated costs. For the avoidance of doubt, AgentDuty assumes no responsibility, liability, or accountability whatsoever for the content, data, representations, or materials that you submit, upload, post, transmit, or otherwise make available through the Platform, as you are solely accountable for ensuring their accuracy, legality, and appropriateness, and we disclaim any involvement in their creation, review, or endorsement.

 

CONTENT YOU PROVIDE

 

For the purposes of this Agreement, the term “User Content” shall be broadly construed to encompass any and all forms of information, data, materials, or contributions that you, as a User, input, upload, submit, post, transmit, display, or otherwise make available through the Platform or in connection with your utilization thereof, whether directly to AgentDuty, its affiliates, or other users. This includes, but is by no means limited to, textual content such as descriptions, messages, comments, reviews, or service requests; graphical elements like images, photographs, diagrams, logos, or illustrations; audiovisual components such as videos, audio recordings, or multimedia files; postings or listings related to real estate tasks, availability announcements, or engagement offers (for example, specific requests for Servicing Agent Services or responses thereto); and any other digital or analog inputs, files, links, or expressions that you contribute in the course of interacting with the Platform’s features, functionalities, or community aspects. User Content may arise from various activities, such as creating booking requests as a Booking Agent, offering services as a Servicing Agent, communicating via in-app messaging, or sharing feedback and ratings. You acknowledge that the Platform serves as a collaborative space where such contributions enhance user interactions, but they also carry inherent responsibilities that rest squarely with the contributor.

 

You bear sole and exclusive accountability, responsibility, and liability for all aspects of your User Content, including its creation, accuracy, completeness, legality, appropriateness, and any consequences arising from its dissemination or use. AgentDuty operates merely as a passive conduit, facilitator, or intermediary for the online distribution, publication, storage, and transmission of User Content, without exercising editorial control, pre-screening, or active involvement in its generation or curation. We do not endorse, sponsor, verify, or assume ownership of any User Content, nor do we represent that it reflects our views, opinions, or standards. By submitting, posting, or otherwise providing User Content to the Platform, you hereby grant to AgentDuty, its affiliates, successors, assigns, licensors, and authorized third-party service providers a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), fully paid-up, and royalty-free license and right to access, use, reproduce, modify, adapt, edit, translate, create derivative works from, distribute, publicly perform, publicly display, store, archive, index, and otherwise exploit your User Content in any and all media, formats, channels, or technologies now known or hereafter developed, for any purpose reasonably related to the operation, maintenance, improvement, promotion, or provision of the Platform and its services. This license includes, without limitation, the rights to incorporate User Content into aggregated data sets, analytical tools, marketing materials, or shared features within the Platform to facilitate intended functionalities, such as displaying service requests to potential Servicing Agents or enabling search and matching algorithms. The grant of this license is essential to enabling the Platform’s core matchmaking purpose and shall survive the termination or expiration of this Agreement or your account, ensuring that AgentDuty can continue to utilize such content as necessary for archival, legal, or operational reasons without further compensation or obligation to you.

 

In connection with your User Content, you represent, warrant, and covenant to AgentDuty that: (i) you are the sole and exclusive owner of all right, title, and interest in and to such User Content, or alternatively, that you have obtained and maintain all necessary rights, licenses, consents, permissions, releases, and authorizations from the rightful owners or licensors to grant the licenses and rights described herein, including any intellectual property rights, moral rights, rights of publicity, or privacy rights pertaining to individuals depicted or referenced therein; and (ii) neither the User Content itself, nor your submission, uploading, posting, or making available thereof, nor AgentDuty’s or any other party’s use, modification, distribution, or exploitation of the User Content as permitted under this Agreement, will infringe upon, misappropriate, dilute, or otherwise violate any third party’s intellectual property rights (such as copyrights, trademarks, patents, or trade secrets), proprietary rights, rights of publicity, rights of privacy, contractual rights, or any other legal or equitable rights, nor will it result in the breach or violation of any applicable local, state, federal, or international laws, regulations, statutes, ordinances, court orders, or industry guidelines, including but not limited to those related to defamation, obscenity, harassment, discrimination, data protection (e.g., GDPR or CCPA equivalents), consumer protection, or real estate advertising standards. These warranties are ongoing and must be reaffirmed with each submission of User Content, and you agree to provide, upon AgentDuty’s request, documentary evidence substantiating your ownership or rights thereto.

 

Furthermore, you expressly agree and covenant not to provide, submit, or disseminate any User Content that is, or could reasonably be deemed to be, defamatory, libelous, slanderous, hateful, discriminatory, threatening, violent, abusive, obscene, pornographic, sexually explicit, invasive of privacy, exploitative, unlawful, fraudulent, misleading, harmful to minors, or otherwise offensive, inappropriate, or objectionable, as determined by AgentDuty in its sole and absolute discretion—regardless of whether such content might otherwise be protected under free speech laws or other legal doctrines. Prohibited User Content also includes any materials that promote illegal activities, endorse harmful practices, contain viruses or malicious code, or violate the Real Estate Standards by, for instance, disseminating false advertising, unauthorized solicitations, or confidential client information. While AgentDuty has no affirmative duty or obligation to monitor, review, screen, or police User Content for compliance with these guidelines or any laws, we reserve the unqualified right, at any time and for any reason (or no reason), to remove, delete, block, restrict, edit, or otherwise limit access to any User Content that we believe, in our sole judgment, violates this Agreement, infringes third-party rights, poses risks to users or the Platform, or is otherwise inconsistent with our policies or community standards. Such actions may be taken without prior notice to you, without liability on our part, and without any requirement to provide explanations, appeals, or restorations. You acknowledge that our decision in this regard is final and binding, and you waive any claims or remedies related to the removal or non-removal of User Content. This provision underscores AgentDuty’s commitment to maintaining a safe, professional, and lawful environment while emphasizing that ultimate responsibility for User Content lies with the individual users who create and share it.

 

DATA HANDLING AND SECURITY

 

Your access to, installation of, or interaction with the Platform may entail the automated collection, processing, and storage of various types of data related to your Device, usage patterns, and activities thereon, as necessary to enable, optimize, secure, and enhance the functionality, performance, and user experience of the Application. This data gathering may occur through a range of mechanisms, including but not limited to tracking technologies, cookies, web beacons, log files, analytics tools, geolocation services (such as GPS or IP-based positioning), device identifiers (e.g., unique device IDs, MAC addresses, or advertising IDs), and other similar methods that capture information about your interactions, preferences, and behaviors while engaging with the Platform. For illustrative purposes, such data could encompass details like your Device’s operating system, hardware specifications, browser type and version, app usage statistics (e.g., session duration, pages viewed, features accessed), timestamps of activities, error logs, network information (e.g., IP address, connection speed), approximate geographic location to facilitate location-based services (such as matching Servicing Agents in proximity to requested tasks), and aggregated or anonymized metrics for analytical purposes. In certain instances, the provision of specific personal or professional information—such as your name, contact details, licensing credentials, payment information, or profile preferences—may be mandatory as a prerequisite for accessing core features, functionalities, or services of the Platform, ensuring seamless operation, personalized recommendations, compliance verification, and secure transactions. All such data collection, use, disclosure, retention, and protection activities are conducted in strict accordance with the terms outlined in our comprehensive Privacy Policy, which is incorporated herein by reference and available for your review on our website or within the Application. The Privacy Policy details our practices regarding data handling, including the categories of information collected, the purposes for which it is used (e.g., service provision, fraud prevention, marketing, or legal compliance), sharing with third parties (such as service providers or regulatory authorities), security measures implemented, your rights to access or control your data, and any applicable data retention periods. By downloading, installing, accessing, or using the Platform in any manner, and by providing any information to or through it, you hereby provide your informed, express, and unambiguous consent to all actions, processes, and practices undertaken by AgentDuty with respect to your data as described in the Privacy Policy, including any future updates thereto that we may implement from time to time upon notice. This consent is voluntary but essential for Platform utilization; if you do not agree, you must refrain from using the Platform. You further acknowledge that withdrawing consent (where permissible under law) may limit or disable certain features, and AgentDuty shall not be liable for any resulting inconveniences or losses.

 

To maintain the security, integrity, and confidentiality of your account and the broader Platform ecosystem, you are required to treat any usernames, passwords, access tokens, authentication codes, or other security credentials provided to or chosen by you (collectively, “Login Credentials”) as highly sensitive and strictly confidential information. You must implement reasonable safeguards to protect these Login Credentials from unauthorized access, disclosure, or use, such as using strong, unique passwords, enabling two-factor authentication where available, avoiding storage on shared devices, and not reusing credentials across multiple platforms. Under no circumstances shall you disclose, share, lend, or otherwise make available your Login Credentials to any other person, entity, or third party, whether intentionally or negligently, as doing so could compromise the security of your account and expose sensitive data. You acknowledge and agree that your account is intended for your personal, individual use only and is non-transferable; you must not permit or facilitate access to the Platform or any portions thereof by others using your Login Credentials, including through proxy access, account sharing, or automated means. In the event that you become aware of or reasonably suspect any unauthorized access, use, breach, compromise, or potential security incident involving your Login Credentials or account—such as unusual activity, phishing attempts, lost devices, or known data leaks—you are obligated to notify AgentDuty immediately and without delay through the designated support channels provided in the Application or on our website, furnishing all relevant details to enable prompt investigation and remediation. Failure to report such incidents promptly may result in you assuming full liability for any ensuing damages, losses, or unauthorized activities. AgentDuty reserves the unqualified right, at its sole and absolute discretion, to disable, suspend, freeze, or terminate any usernames, passwords, accounts, or other identifiers—whether selected by you or assigned by us—at any time and for any reason, including but not limited to suspected or confirmed violations of this Agreement, security concerns, inactivity, legal requirements, or to protect the Platform’s integrity. Such actions may be taken without prior notice, and AgentDuty shall not be obligated to provide explanations, reinstatements, or compensations therefor, nor shall we incur any liability for disruptions, data loss, or other impacts arising from such measures. This provision is designed to underscore the critical importance of account security in a professional networking context and to empower AgentDuty to respond swiftly to threats, ensuring a safe environment for all licensed users.

 

 

PAYMENTS AND PRICING

 

Payment Processing Services. All financial transactions and payment processing activities conducted between Booking Agents and Servicing Agents through the Platform are presently facilitated by Stripe, Inc. (“Stripe”), a third-party payment processor. Your continued use of the Platform for any purpose involving payments, including but not limited to initiating, receiving, or otherwise engaging in monetary transfers related to Servicing Agent Services, constitutes your explicit agreement to be fully bound by the terms and conditions set forth in the Stripe Connected Account Agreement, which encompasses the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You acknowledge and understand that Stripe may, at its sole discretion, revise, update, or otherwise modify the Stripe Services Agreement from time to time, and such changes shall automatically apply to your use of the payment services without requiring further notice or consent from you. As an essential condition for AgentDuty to enable and maintain access to these payment processing capabilities through Stripe, you are obligated to supply AgentDuty with accurate, complete, and up-to-date information about yourself, your professional status, your business entity (if applicable), and any other relevant details as may be requested. By providing this information, you expressly authorize and consent to AgentDuty sharing it—along with any pertinent transaction data, payment history, or other details arising from or connected to your utilization of the payment processing services—with Stripe or any of its affiliates, agents, or subprocessors as necessary to facilitate the services. In the event that you identify or believe there to be any errors, discrepancies, unauthorized charges, or other issues related to a specific payment processed via the Platform, you must promptly notify AgentDuty in writing (or through any designated dispute resolution mechanism provided within the Platform) within fourteen (14) calendar days from the date on which the payment was initially processed or reflected in your account. Should you fail to submit such a timely dispute notification, you shall be deemed to have unconditionally accepted, waived any objections to, and irrevocably approved the payment in its entirety, forfeiting any right to challenge or seek reimbursement for it thereafter. Moreover, AgentDuty retains the absolute and exclusive right to alter, replace, or discontinue the use of Stripe or any other payment processing provider at any time and for any reason, without providing advance notice to you or obtaining your prior approval. In such instances, you agree to promptly review, accept, and comply with the terms of service, agreements, and policies of any new or substitute payment processor selected by AgentDuty, and your continued use of the Platform following such a change shall signify your binding acceptance thereof. AgentDuty shall not be held liable for any interruptions, delays, or losses resulting from changes to the payment processing services or providers.

 

AgentDuty reserves the unilateral right, at its sole and absolute discretion, to modify, revise, increase, decrease, or otherwise alter the fees, charges, pricing structures, or any other monetary considerations associated with Servicing Agent Services (including but not limited to service fees, transaction costs, platform usage charges, or any related commissions) from time to time as deemed necessary or appropriate by AgentDuty to reflect changes in operational costs, market conditions, regulatory requirements, or other business factors. Any such adjustments will be communicated to you in advance through reasonable means, such as notifications within the Platform, email alerts to the address associated with your account, postings on our website, or other electronic methods that AgentDuty determines to be sufficient for providing notice. The advance notice period shall be at least thirty (30) calendar days prior to the effective date of the change, unless a shorter period is required by law, urgent circumstances (e.g., to comply with new regulations or address security issues), or as otherwise specified in this Agreement. Your continued access to, engagement with, or utilization of the Platform or any Servicing Agent Services following the expiration of the notice period and the implementation of such fee adjustments shall constitute your irrevocable acceptance and agreement to the revised pricing terms. If you do not agree with any proposed fee changes, your sole remedy is to cease using the Platform, terminate your account in accordance with the procedures outlined herein, and discontinue any further participation in Servicing Agent Services prior to the effective date of the adjustments. AgentDuty shall not be obligated to provide refunds, credits, or prorated adjustments for any periods during which you have already utilized the Platform under the prior fee structure, and we disclaim any liability for losses, inconveniences, or other impacts resulting from such fee modifications.

 

 

ACCESS AND TECHNICAL DETAILS

 

The primary method for accessing and engaging with the Platform’s comprehensive suite of features, services, and functionalities is through the download and installation of our dedicated mobile application (the “Mobile App”), which is specifically designed and optimized for use on compatible smartphones, tablets, or other portable devices running supported operating systems such as iOS or Android. Upon successful download from authorized app stores (e.g., Apple App Store or Google Play Store) or our official website, the Mobile App serves as the central hub for your interactions, enabling seamless navigation, real-time notifications, secure communications, and efficient matchmaking between Booking Agents and Servicing Agents. In addition to the Mobile App, certain ancillary or supplementary features, content, or administrative tools may be hosted on or accessible via our associated website (the “Website”), which can be reached through standard web browsers on desktop computers, laptops, or mobile devices. However, to fully utilize these Website-based elements—such as advanced profile management, detailed analytics, account settings, or specialized reporting capabilities—you are required to create a user account by providing the necessary registration information and to explicitly acknowledge and accept the terms of this Agreement, along with our Privacy Policy and any other applicable guidelines or addendums. This account creation process typically involves submitting verifiable details like your email address, password, professional credentials, and licensure information, followed by a confirmation step (e.g., via email verification or one-time passcode) to ensure security and authenticity. Failure to complete account creation or to accept the Agreement in its entirety may restrict or entirely prevent your access to these features, as they are integral to maintaining a controlled, compliant, and user-verified environment. You acknowledge that the Platform’s hybrid model—combining Mobile App and Website access—enhances flexibility and convenience, but it also necessitates compliance with device-specific requirements, such as sufficient storage space, internet connectivity, and compatibility with the latest software versions, for optimal performance.

 

For regulatory, operational, and compliance reasons, AgentDuty operates the Platform exclusively within the United States of America, and access is strictly limited to eligible users who are physically located within U.S. territories or possessions at the time of use. This geographic restriction is imposed to align with U.S.-based licensing standards, data protection laws, real estate regulations, and our business model, which is tailored to the domestic real estate market governed by entities like the National Association of Realtors. Accordingly, if you are located outside the United States—whether temporarily or permanently—you are expressly prohibited from accessing, downloading, installing, or using the Platform in any manner, as such extraterritorial use may violate applicable export controls, international trade laws, or our terms, and could result in technical inaccessibility due to geofencing or IP-based blocking mechanisms. Attempts to circumvent these restrictions, such as through virtual private networks (VPNs), proxies, or other obfuscation tools, are strictly forbidden and may lead to immediate account termination, legal action, or reporting to authorities. You represent and warrant that you will only access the Platform from within the U.S. and that you will promptly cease use if your location changes to a non-U.S. jurisdiction. AgentDuty disclaims any liability for issues arising from non-U.S. access, including but not limited to data loss, service interruptions, or legal consequences, and we make no representations about the Platform’s availability or suitability outside the U.S.

 

To ensure the Platform remains secure, feature-rich, and up-to-date, AgentDuty may, from time to time and at its sole discretion, develop and release updates, upgrades, patches, bug fixes, error corrections, security enhancements, or new functionalities (collectively, “Updates”) for the Mobile App, Website, or other components of the Platform. These Updates are designed to improve performance, address vulnerabilities, incorporate user feedback, comply with evolving legal requirements, or introduce innovative tools that enhance the overall user experience, such as refined matching algorithms or improved integration with third-party services. Depending on your Device settings and preferences (e.g., auto-update enabled in app store configurations), Updates may be downloaded and installed automatically when your Device is connected to the internet, without requiring manual intervention, to minimize disruptions and ensure timely application. Alternatively, you may receive in-app notifications, prompts, or alerts encouraging or requiring you to manually download and install available Updates through the app store or direct links provided by AgentDuty. You are strongly advised—and in some cases, obligated—to promptly download, install, and apply all such Updates as soon as they become available, as failure to do so may result in degraded functionality, incompatibility issues, security risks, or complete inoperability of certain features or the entire Platform. By accepting this Agreement, you consent to the automatic installation of Updates where feasible and acknowledge that all Updates, once installed, shall be deemed an integral and inseparable part of the Application and Platform, subject to all the same terms, conditions, licenses, restrictions, and obligations outlined in this Agreement, without the need for separate acceptance. AgentDuty has no obligation to provide any specific Updates, continue supporting older versions, or maintain backward compatibility, and we reserve the right to discontinue support for outdated devices or software at any time. You further agree that any refusal or delay in installing Updates may void warranties, limit support eligibility, or expose you to liabilities, and AgentDuty shall not be responsible for any resulting losses, damages, or inconveniences.

INTELLECTUAL PROPERTY AND EXTERNAL ELEMENTS

 

You acknowledge and agree that, as between you and AgentDuty, we exclusively own and retain all rights, title, and interest in and to the Platform, the Application, the Mobile App, the Website, and all associated services, features, functionalities, content, materials, and intellectual property provided or made available to you thereunder (collectively, the “AgentDuty IP”). This ownership encompasses, without limitation, all software code, algorithms, databases, user interfaces, designs, graphics, text, audiovisual elements, documentation, methodologies, processes, inventions, improvements, and any other tangible or intangible assets developed, created, or acquired by AgentDuty in connection with the Platform. The AgentDuty IP includes all copyrights (registered or unregistered), trademarks, service marks, trade names, logos, patents (issued or pending), trade secrets, database rights, moral rights, and any other forms of intellectual property protection recognized under applicable laws, whether in the United States or internationally. Your use of the Platform under the limited license granted herein does not transfer, convey, or diminish any of these ownership rights to you, and you acquire no proprietary interest beyond the revocable permission explicitly outlined in this Agreement. With respect to any third-party materials, content, software, services, or technologies that may be incorporated into, integrated with, or accessible through the Platform (collectively, “Third-Party Materials”), the respective third-party owners, licensors, or providers retain all right, title, and interest therein, including all associated intellectual property rights. AgentDuty does not claim ownership over Third-Party Materials but may have obtained licenses or permissions to include them for the benefit of Platform users. You agree to respect and abide by any additional terms, conditions, or restrictions imposed by such third parties in relation to their materials, and you covenant not to take any actions that could infringe upon or interfere with their rights.

 

In the event that you believe any User Content submitted, posted, or displayed on the Platform—such as text, graphics, images, postings, service requests, or other contributions by users—infringes upon your copyright or the copyright of a party you are authorized to represent, we encourage you to notify us promptly in accordance with the procedures set forth under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. To submit a formal DMCA takedown notice (the “DMCA Notice”), you must provide a written communication that includes all required elements as specified by law, directed to our designated copyright agent at the following address: AgentDuty, LLC, Legal Department, xxxxx, or via email to legal@agentduty.com (with “DMCA Notice” in the subject line). The DMCA Notice must contain substantially the following information to be effective: (i) a detailed identification of the copyrighted work or works that you claim have been infringed, including, if the claim involves multiple works, a representative list of such works to enable us to understand the scope of the allegation; (ii) a precise description of the allegedly infringing material on the Platform, including sufficient information (e.g., URLs, screenshots, or specific locations within postings) to allow AgentDuty to locate and identify the material in question without ambiguity; (iii) adequate contact information for you or your authorized representative, such as your full name, postal address, telephone number, and email address, to facilitate prompt communication and verification; (iv) a statement affirming that you have a good-faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and that such unauthorized use constitutes infringement; (v) a statement, made under penalty of perjury, that the information provided in the DMCA Notice is accurate and complete to the best of your knowledge; (vi) a confirmation that you are the copyright owner or are duly authorized to act on behalf of the copyright owner, including any relevant documentation supporting your authority if requested; and (vii) your physical or electronic signature (or the signature of your authorized agent) to authenticate the notice. Upon receipt of a valid and complete DMCA Notice, AgentDuty will expeditiously investigate the claim, remove or disable access to the allegedly infringing material if warranted, and notify the affected user in accordance with DMCA procedures. We may also terminate accounts of repeat infringers as part of our policy to prevent copyright violations. Please note that submitting a DMCA Notice with knowingly false or misleading information may expose you to liability for damages, including costs and attorneys’ fees, under 17 U.S.C. § 512(f). AgentDuty reserves the right to counter-notify or challenge invalid claims and to restore removed content if appropriate. This process is intended to balance the rights of copyright holders with the fair use and free expression interests of our users, and we handle all notices in good faith while complying with applicable laws.

 

The Platform may, from time to time, display, incorporate, reference, or provide access to Third-Party Materials, which could include data, information, applications, products, services, advertisements, or other content sourced from external providers, as well as hyperlinks or integrations leading to third-party websites, platforms, or resources (collectively, “External Content”). Such External Content is included solely for your convenience, informational purposes, or to enhance the Platform’s utility, and its presence does not imply any endorsement, sponsorship, affiliation, or approval by AgentDuty. You acknowledge and agree that AgentDuty has no control over, and assumes no responsibility or liability for, the accuracy, completeness, timeliness, validity, reliability, copyright compliance, legality, decency, quality, security, or any other aspect of External Content, including any potential harms, errors, omissions, or offensive elements therein. We do not monitor, review, or warrant the suitability of External Content for your specific needs or circumstances, nor do we guarantee its availability or continued accessibility. Your decision to access, interact with, rely upon, or utilize any External Content is entirely at your own risk and discretion, and you assume full responsibility for any consequences arising therefrom, including but not limited to data loss, privacy breaches, financial losses, or exposure to malware. Furthermore, any External Content you encounter is governed exclusively by the terms of use, privacy policies, and conditions imposed by the respective third-party providers, which may differ significantly from this Agreement or our Privacy Policy. AgentDuty expressly disclaims all warranties, express or implied, regarding External Content, and we shall not be held liable for any direct, indirect, incidental, consequential, special, or punitive damages resulting from your engagement with it, even if advised of the possibility of such damages. You are strongly encouraged to review the applicable third-party terms before proceeding and to exercise caution when clicking links or sharing information with external sites. This disclaimer reinforces AgentDuty’s role as a neutral facilitator and protects against liabilities associated with independently operated third-party resources.

Quick Answer

 

ACCOUNT MANAGEMENT AND TERMINATION

 

You, as a User, retain the flexibility and autonomy to manage your engagement with the Platform by requesting the deletion or deactivation of your account at any time and for any reason, without the need for prior notice to AgentDuty or providing an explanation. This account deletion process can typically be initiated directly through the account settings or management features available within the Mobile App or on the Website, where you may find a dedicated option such as “Delete Account,” “Close Account,” or a similar self-service tool designed to facilitate a straightforward and user-friendly termination experience. Alternatively, if such an option is not immediately accessible or if you encounter any technical difficulties, you may submit a formal request for account deletion by contacting AgentDuty’s support team via the provided channels, such as email to support@agentduty.com or through an in-app help form, including sufficient details to verify your identity and ownership of the account (e.g., your registered email address or username). Upon receipt and processing of your valid deletion request, AgentDuty will take reasonable steps to deactivate your account, remove your profile from active visibility on the Platform, and cease any ongoing processing of your personal data for operational purposes, subject to the retention policies outlined below. However, you acknowledge and agree that even after account deletion, AgentDuty may retain certain records, data, or information associated with your account—such as historical transaction logs, booking details, payment records, communications, User Content, verification results, or usage analytics—in accordance with our Privacy Policy and applicable legal requirements. This retention is necessary for purposes including but not limited to audit trails, dispute resolution, tax compliance, regulatory reporting, fraud prevention, legal defense, or internal record-keeping, and such retained data will be handled, stored, and protected in strict compliance with the data retention periods, security measures, and user rights detailed in the Privacy Policy. For instance, financial transaction data may be kept for up to seven (7) years to satisfy accounting and tax obligations, while anonymized aggregates may be preserved indefinitely for analytical insights. You understand that deleted accounts cannot be recovered or restored, and any associated data (e.g., saved preferences, connections, or incomplete bookings) may be irretrievably lost, for which AgentDuty bears no liability. This provision empowers you with control over your participation while ensuring AgentDuty can maintain necessary records for legitimate business and legal purposes.

 

The term and duration of this Agreement shall commence immediately upon your affirmative acceptance of its terms—whether through clicking an “Accept,” “Agree,” or equivalent button during registration, downloading or installing the Application, creating an account, or otherwise accessing or using any features of the Platform—and shall continue in full force and effect until properly terminated in accordance with the procedures set forth in this section or elsewhere in this Agreement. Termination marks the definitive end of the contractual relationship established hereby, after which your rights and licenses under this Agreement shall cease, subject to any surviving provisions as explicitly noted.

 

You may voluntarily terminate this Agreement at your discretion by following the account deletion process described above, which inherently includes uninstalling or deleting all copies of the Mobile App from your Device(s) and ceasing all further access to the Website or any other Platform components. Upon such termination initiated by you, AgentDuty will process the request promptly, typically within a reasonable timeframe (e.g., 30 days), during which any pending transactions, disputes, or obligations (such as outstanding payments or service commitments) must be resolved. You acknowledge that voluntary termination does not entitle you to any refunds, credits, or compensations for unused services, subscriptions, or features, and it may result in the forfeiture of any accumulated data, credits, or benefits associated with your account.

 

AgentDuty reserves the absolute and unilateral right to terminate this Agreement, your account, or your access to the Platform at any time, with or without cause, and without providing prior notice, warning, or an opportunity to cure, except where required by applicable law. Such termination may occur, for illustrative purposes, in response to actual or suspected violations of this Agreement (e.g., breaches of representations, prohibited activities, intellectual property infringements, or non-compliance with Real Estate Standards), security concerns, fraudulent behavior, inactivity for an extended period, discontinuation of the Platform or specific features by AgentDuty (e.g., due to business decisions, technological changes, or regulatory shifts), legal requirements, or any other reason deemed appropriate in our sole discretion. In the event of termination by AgentDuty, we may, but are not obligated to, provide you with a brief explanation of the grounds for termination upon request, unless doing so would compromise security, violate laws, or expose us to liability. Termination by AgentDuty shall be effective immediately upon our action, such as disabling your Login Credentials, blocking your IP address, or removing your profile, and it may be accompanied by additional measures like reporting to regulatory authorities or pursuing legal remedies if warranted.

 

Upon any termination of this Agreement—regardless of whether initiated by you, by AgentDuty, or occurring automatically—all rights, licenses, permissions, and authorizations granted to you hereunder shall immediately and irrevocably cease, terminate, and be revoked without further action required. You are obligated to promptly discontinue all use of the Platform, uninstall and delete all copies of the Mobile App from your Device(s), erase any cached or stored data related to the Application, and refrain from any further attempts to access the Website or associated services. Failure to comply with these post-termination obligations may constitute unauthorized access and expose you to legal consequences, including claims for trespass, infringement, or breach of contract. Notwithstanding the termination, AgentDuty’s rights and remedies—whether at law, in equity, or under this Agreement—shall remain fully intact and enforceable, including but not limited to the right to seek damages, injunctive relief, indemnification, or specific performance for any pre-termination breaches, misuse, or harms caused by you. Additionally, certain provisions of this Agreement that, by their nature or explicit terms, are intended to survive termination—such as those related to intellectual property ownership, disclaimers, limitations of liability, indemnification, data retention, governing law, and dispute resolution—shall continue in effect indefinitely. This survival ensures the protection of AgentDuty’s interests and the ongoing enforceability of key obligations even after the formal relationship ends. You acknowledge that termination does not relieve you of any accrued liabilities, such as unpaid fees or unresolved disputes, and AgentDuty may pursue collection or resolution thereof through appropriate channels.

 

AMENDMENTS AND NOTICES

 

AgentDuty reserves the full and exclusive right, at its sole and absolute discretion, to revise, amend, modify, supplement, or otherwise update the terms and conditions of this Agreement from time to time as deemed necessary or appropriate to reflect changes in our business practices, technological advancements, legal or regulatory requirements, user feedback, industry standards, or any other relevant factors impacting the operation, functionality, or governance of the Platform. Such updates may include, without limitation, alterations to licensing provisions, user eligibility criteria, prohibited activities, data handling practices, fee structures, dispute resolution mechanisms, or any other clauses outlined herein, and they may range from minor clarifications to substantial revisions that materially affect your rights or obligations. To ensure transparency and provide you with adequate opportunity to review any changes, AgentDuty will communicate these amendments by posting the revised version of the Agreement on our Website, within the Mobile App, or through other prominent channels associated with the Platform, accompanied by an updated effective date clearly indicated at the top of the document. The changes shall become legally binding and effective immediately upon such posting, without the need for individual notifications unless required by applicable law. It is your sole responsibility to periodically review the Agreement for any updates, and we recommend checking the Website or App regularly, especially prior to engaging in significant activities like posting service requests or accepting engagements. Your continued access to, interaction with, or utilization of the Platform—including but not limited to logging in, submitting User Content, processing payments, or participating in matchmaking—following the posting of any revised Agreement shall constitute your irrevocable, unconditional, and binding acceptance of the updated terms in their entirety, as well as your waiver of any objections or claims related thereto. If you find any amendments unacceptable, your exclusive remedy is to immediately cease all use of the Platform, delete your account in accordance with the procedures detailed elsewhere in this Agreement, and uninstall the Mobile App from your Device(s) prior to the changes taking effect. AgentDuty shall not be liable for any losses, inconveniences, or damages arising from your failure to review updates or from the implementation of revised terms, and no prior versions of the Agreement shall remain enforceable once superseded. This amendment process is designed to allow for the dynamic evolution of the Platform while maintaining fairness and clarity for all users.

 

All formal notices, communications, requests, or other correspondence required or permitted under this Agreement to be sent to AgentDuty must be delivered in writing (including via email where appropriate) and addressed to our designated contact point as specified above, namely: AgentDuty, LLC, Legal Department, xxxxxx, or to such other address or email (e.g., legal@agentduty.com) as we may designate from time to time through updates to this Agreement or postings on the Website. Notices to you, as a User, may be provided through various convenient and efficient methods at AgentDuty’s discretion, including but not limited to in-app notifications, pop-up messages, or alerts within the Platform; email transmissions to the address associated with your account; postings on the Website or Mobile App; or any other electronic means that we reasonably believe will reach you. Such notices from AgentDuty shall be deemed effective and received upon transmission or posting, regardless of whether you actually view or acknowledge them, provided that we have used the contact information you supplied or made the notice publicly accessible. You agree to maintain accurate and up-to-date contact details in your account profile to ensure proper receipt of notices, and you acknowledge that failure to do so may result in missed communications for which AgentDuty bears no responsibility. This notices provision ensures efficient and reliable communication between the parties while accommodating the digital nature of the Platform.

 

ADDITIONAL PROVISIONS

 

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM, INCLUDING THE MOBILE APP, WEBSITE, SERVICES, FEATURES, CONTENT, AND ANY ASSOCIATED MATERIALS OR FUNCTIONALITIES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE ARISING FROM COURSE OF DEALING, USAGE, TRADE PRACTICE, OR ANY OTHER SOURCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENTDUTY, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “AGENTDUTY PARTIES”), HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AGENTDUTY HAS BEEN INFORMED OF SUCH PURPOSE), TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUIET ENJOYMENT, OR FREEDOM FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. AGENTDUTY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, EXPECTATIONS, OR NEEDS; THAT IT WILL OPERATE WITHOUT INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS; THAT ANY BUGS, GLITCHES, OR INACCURACIES WILL BE CORRECTED; THAT DATA TRANSMISSION WILL BE SECURE OR UNINTERRUPTED; THAT THE PLATFORM WILL BE COMPATIBLE WITH YOUR DEVICE, SOFTWARE, OR NETWORK; OR THAT ANY RESULTS, OUTCOMES, OR INFORMATION OBTAINED THROUGH ITS USE WILL BE ACCURATE, RELIABLE, OR BENEFICIAL. FURTHERMORE, AGENTDUTY MAKES NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, LEGALITY, OR PERFORMANCE OF ANY SERVICING AGENT SERVICES FACILITATED THROUGH THE PLATFORM, NOR DOES IT ENDORSE ANY USERS OR GUARANTEE THE VERACITY OF THEIR REPRESENTATIONS. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM, INCLUDING ANY RELIANCE ON ITS CONTENT OR FEATURES, AND YOU ACKNOWLEDGE THAT HIGH-SPEED INTERNET, COMPATIBLE HARDWARE, AND REGULAR UPDATES MAY BE REQUIRED FOR OPTIMAL FUNCTIONALITY. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT ALLOWED BY LAW AND SURVIVES ANY TERMINATION OF THIS AGREEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE FULL DISCLAIMER OF IMPLIED WARRANTIES, THEIR DURATION SHALL BE LIMITED TO THE MINIMUM PERIOD REQUIRED BY SUCH LAW.

 

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGENTDUTY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES—INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, GOODWILL, REPUTATIONAL HARM, EMOTIONAL DISTRESS, OR ANY OTHER ECONOMIC OR NON-ECONOMIC LOSSES—ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PLATFORM, YOUR USE OR INABILITY TO USE THE PLATFORM, INTERACTIONS WITH OTHER USERS, SERVICING AGENT SERVICES, THIRD-PARTY MATERIALS, OR ANY OTHER ASPECTS THEREOF, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER AGENTDUTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY. THIS LIMITATION APPLIES EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN ADDITION, THE AGENTDUTY PARTIES’ AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR CONNECTED TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00), OR, IF GREATER, THE TOTAL AMOUNT OF FEES PAID BY YOU TO AGENTDUTY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AGENTDUTY, AND THAT WITHOUT SUCH LIMITATIONS, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL, BUT THEY SHALL BE INTERPRETED TO APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THIS PROVISION SURVIVES ANY TERMINATION OF THIS AGREEMENT AND IS INTENDED TO ALLOCATE RISKS BETWEEN THE PARTIES IN A MANNER CONSISTENT WITH THE PLATFORM’S NATURE AS A FACILITATIVE TOOL.

 

Governing Law. This Agreement, including all matters arising out of or relating to it, your use of the Platform, any disputes between the parties, and the interpretation or enforcement of its terms, shall be governed by, construed, and enforced in accordance with the internal laws of the State of Illinois, United States of America, without giving effect to any principles of conflicts of law, choice of law, or similar doctrines that might otherwise apply the laws of another jurisdiction. This choice of governing law is made to provide predictability, uniformity, and efficiency in the administration of this Agreement, reflecting AgentDuty’s operational base and the Platform’s focus on U.S.-based real estate professionals. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, for any legal actions, suits, or proceedings that are not subject to arbitration as provided below, and you waive any objections based on forum non conveniens, improper venue, or lack of personal jurisdiction. In any such court proceedings, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other expenses incurred in enforcing or defending its rights under this Agreement.

 

Arbitration. Except for claims seeking injunctive or equitable relief related to intellectual property rights or confidentiality obligations (which may be brought in court as provided above), any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, the Platform, or the breach, termination, enforcement, interpretation, or validity thereof—whether based on contract, tort, statute, or any other legal theory—shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable), as modified by this Agreement. The arbitration shall be conducted by a single, neutral arbitrator selected in accordance with AAA procedures, and it shall take place in Chicago, Illinois, or via remote means (e.g., video conference) if agreed by the parties or ordered by the arbitrator. The arbitration proceedings shall be confidential, and the arbitrator’s decision shall be reasoned, in writing, and final, with no right of appeal except as provided by the Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. You and AgentDuty agree that arbitration shall be conducted on an individual basis only, and not as a class, consolidated, or representative action; you hereby waive any right to participate in or bring a class action, collective action, or similar proceeding related to this Agreement or the Platform. If this class action waiver is found unenforceable, the entire arbitration provision shall be null and void. You may opt out of this arbitration agreement by providing written notice to AgentDuty at the address specified in the notices section within thirty (30) days of your initial acceptance of this Agreement or any material amendment thereto; such opt-out must include your full name, address, account details (if applicable), and a clear statement of your intent to opt out. Failure to opt out within this timeframe constitutes your binding acceptance of arbitration. The costs of arbitration (e.g., filing fees, arbitrator compensation) shall be allocated in accordance with AAA rules, except that AgentDuty will reimburse your filing fee if your claim is for less than $10,000 and you prevail. This arbitration provision is governed by the Federal Arbitration Act and survives any termination of this Agreement.

 

Severability. If any provision, clause, term, or portion of this Agreement is held to be invalid, illegal, unenforceable, or void by a court or arbitrator of competent jurisdiction, such determination shall not affect, impair, or invalidate the remaining provisions hereof, which shall continue in full force and effect as if the invalid portion had never been included. The parties intend for this Agreement to be interpreted and enforced to the maximum extent possible under applicable law, and in the event of any such invalidity, the offending provision shall be reformed or modified to the minimum extent necessary to render it valid and enforceable while preserving the original intent of the parties as closely as possible. This severability clause ensures the durability and integrity of the Agreement as a whole, preventing a single defect from undermining the entire contractual framework.

 

Entire Agreement. This Agreement, together with any documents expressly incorporated herein by reference (such as the Privacy Policy and any addendums or exhibits), constitutes the entire, complete, and integrated understanding and agreement between you and AgentDuty with respect to the subject matter hereof, superseding all prior or contemporaneous agreements, understandings, representations, negotiations, or communications—whether oral, written, electronic, or implied—regarding the Platform, your use thereof, or any related matters. No extrinsic evidence, course of conduct, or parol evidence shall be admissible to contradict, vary, or supplement the terms of this Agreement. Any amendments or modifications must be made in writing and executed by an authorized representative of AgentDuty, as provided in the amendments section; no oral modifications, waivers, or side agreements shall be effective or binding.

 

Assignment. AgentDuty may freely assign, transfer, delegate, or otherwise convey this Agreement, or any of its rights, licenses, obligations, or interests hereunder, in whole or in part, to any third party—such as in connection with a merger, acquisition, reorganization, sale of assets, or change of control—without requiring your consent or providing prior notice, provided that the assignee agrees to be bound by the terms herein. Upon such assignment, the assignee shall assume all of AgentDuty’s rights and obligations, and AgentDuty shall be released from any further liability. In contrast, you may not assign, transfer, delegate, sublicense, or otherwise convey this Agreement or any of your rights or obligations hereunder, whether by operation of law or otherwise, without obtaining AgentDuty’s prior written consent, which may be withheld, conditioned, or delayed in our sole discretion. Any attempted assignment by you without such consent shall be null and void, and may result in immediate termination of this Agreement. This provision protects AgentDuty’s ability to manage its business interests while restricting unauthorized transfers that could compromise Platform integrity.

 

Force Majeure. Neither party shall be liable or deemed in breach of this Agreement for any delays, failures to perform, or interruptions in obligations (other than payment obligations) caused by events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters (e.g., earthquakes, floods, hurricanes), pandemics or epidemics, wars, terrorism, riots, civil unrest, strikes, labor disputes, embargoes, government orders or regulations, power outages, cyberattacks, or supply chain disruptions (collectively, “Force Majeure Events”). The affected party shall promptly notify the other of the Force Majeure Event and use commercially reasonable efforts to mitigate its impact and resume performance as soon as practicable. If a Force Majeure Event persists for more than thirty (30) consecutive days, the non-affected party may terminate this Agreement upon written notice without liability. This clause allocates risks fairly for unforeseeable events and does not excuse willful misconduct or gross negligence.

 

Survival. The termination or expiration of this Agreement, for any reason, shall not affect the validity or enforceability of those provisions that, by their nature or explicit terms, are intended to survive and continue in effect thereafter. Without limiting the foregoing, the following sections and obligations shall survive indefinitely: user representations and warranties, indemnity obligations, intellectual property rights and reservations, disclaimers of warranties, limitations of liability, governing law, arbitration, severability, entire agreement, assignment restrictions (as applicable), force majeure (for ongoing events), data retention per the Privacy Policy, and any other provisions necessary to give full effect to the parties’ intentions, such as those related to accrued rights, remedies, or liabilities. This survival ensures that key protections, responsibilities, and allocations of risk persist beyond the formal term of the Agreement, safeguarding the interests of both parties in perpetuity.