This Application End User License Agreement (this “Agreement”) is a binding agreement between you (“User” or “you”) and AgentDuty, LLC (“AgentDuty”). This Agreement shall govern the User’s use of the application (including but not limited to all related documentation and use of the mobile app-based service and related services) (collectively, “Application” or “Platform”), which is licensed, not sold, to you in accordance with the terms of this Agreement.
TERMS FOR ALL USERS
Use Limited to Defined Users. In order to use the Application, you must be a Booking Agent, and/or Servicing Agent – all of which are defined exclusively as follows: The “Booking Agent” is a Licensed Real Estate Agent (as defined below) that utilizes the Application seeking a licensed real estate agent to provide services. The “Servicing Agent” is a Licensed Real Estate Agent (as defined below) who is seeking to complete real estate related tasks for Booking Agents (the “Service Agent Services”).
Real Estate License Requirement. THE APPLICATION IS ONLY FOR LICENSED REAL ESTATE AGENTS. If you are not a Licensed Real Estate Agent who is licensed to represent parties in real estate transactions, you must immediately stop your access and usage of the Platform and request to delete your account by emailing firstname.lastname@example.org.
Licensure and Identity Verification. You may be subject to, and consent to, a review process at any time you attempt to and/or use the Application, which may include but is not limited to identity and real estate licensure verification using third-party services as appropriate. Notwithstanding such real estate license verifications, AgentDuty does not confirm that any User is who they claim to be or has the licensure they claim to have. Therefore, AgentDuty cannot and does not assume any responsibility for the accuracy or reliability of such real estate license checks.
PURPOSE OF APPLICATION
Agreement of Limited Application Purpose, License, and Use. YOU, AS A USER, AGREE THAT YOU WILL USE THE APPLICATION EXCLUSIVELY FOR THE PURPOSE FOR WHICH IT WAS DEVELOPED AND PROVIDED AS A SERVICE BY AGENTDUTY: TO CONNECT BOOKING AGENTS AND SERVICING AGENTS, BOTH OF WHOM ARE RESPONSIBLE FOR MAKING REPRESENTATIONS OF LICENSURE TO EACH OTHER TO PROVIDE REAL ESTATE SERVICES. YOU ACKNOWLEDGE AGENTDUTY MAKES NO AFFIRMATIVE REPRESENTATION THAT THE PLATFORM VERIFIES OR OTHERWISE CONFIRMS OR WARRANTS THAT: (A) THE BOOKING AGENT HAS AN AGENCY AGREEMENT WITH ANY BROKER, (B) WHETHER YOUR OR ANOTHER AGENT OR BROKERAGE’S REPRESENTATIONS ARE TRUE OR CORRECT, (C) THAT THE SERVICING AGENT IS WILLING OR ABLE TO FULFILL THE SERVICES THEY AGREED TO, OR (D) THAT THE SERVICING AGENT WILL NOT PROVIDE ANY COMPETITIVE INFORMATION, FOR EXAMPLE GIVING AN OPINION OF PRICE, AND/OR CONDITION OF REAL ESTATE IT PERFORMED SERVICES IN AND/OR SOLICITING THE CLIENT (EVEN THOUGH THESE ACTIONS ARE STRICTLY PROHIBITED UNDER THIS AGREEMENT). ACCORDINGLY, BOTH THE BOOKING AGENT AND THE SERVICING AGENT (AND THE BROKERAGE, IF APPLICABLE) ARE STRONGLY ENCOURAGED TO CONDUCT THOROUGH DUE DILIGENCE BEFORE CONTRACTING WITH EACH OTHER FOR SERVICES USING THE PLATFORM.
The Company operates the Application as a digital marketplace platform that is accessed through mobile devices. Among other functions, the Platform enables you to request and receive services from other persons who are representing that they are Licensed Real Estate Agents. To access and use the Platform (subject to the limited and specific terms described herein), AgentDuty grants you a limited license to use the Platform for said purposes (See License Grant and Limitations below).
You acknowledge that your ability to request, and if applicable, obtain or perform Servicing Agent Services from/or as a Servicing Agent, in connection with your use of the Platform does NOT establish AgentDuty as the requestor or provider of the Servicing Agent Services or any real estate services. AgentDuty does not request or provide Servicing Agent Services but instead is merely the provider and operator of the Application.
You also acknowledge that AGENTDUTY AND THE PLATFORM DOES NOT SHOW REAL ESTATE, SELL REAL ESTATE, OR PROVIDE ANY ASSISTANCE IN THE SHOWING, SELLING, OR PURCHASING OF REAL ESTATE OR PROVIDE ANY REAL ESTATE SERVICES WHATSOEVER. AgentDuty is not responsible for the performance or communications to you or any of its users, in part because AgentDuty has no control over the quality, timing, legality, failure to provide or any other aspect of Servicing Agent Services.
Under no circumstance are you permitted to:
Reservation of Rights. You acknowledge and agree that the Application is provided under license and not sold to you, and AgentDuty may cancel such license at any time with or without notice or cause. You may cancel your license to use the Application by deleting your account with AgentDuty to use the Application. Regardless of circumstances, You do not acquire any ownership interest in the Application under this Agreement or any other rights other than to use the Application according to the license granted and subject to all terms, conditions and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
User Representations and Warranties. You as a User represent and warrant that:
User Content. “User Content” means any literal or graphic representations you input into Platform, or in any way to AgentDuty, its affiliates or other Users in connection with your usage of the Platform, including but not limited to posting made as a Booking Agent for any reason. You are solely responsible for your User Content, and AgentDuty acts as a mere passive conduit for the online distribution and publication of your User Content. By placing booking requests on the Platform, you grant AgentDuty a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, distribute, and otherwise exploit Your User Content in any manner to provide Your User Content to others as intended. You acknowledge and agree that AgentDuty is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and cannot be liable for claims arising out of or relating to such User Content. AgentDuty has no responsibility or obligation to monitor or review User Content and reserves the right to remove or limit User Content at any time for any reason, including if it is not compliant with this Agreement.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents, and releases necessary to grant AgentDuty the license to the User Content as set forth above; and (ii) neither the User Content, nor Your submission, uploading, publishing or otherwise making available of such User Content, nor AgentDuty’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or illegal, as determined by AgentDuty in its sole discretion, whether or not such material may be protected by law.
If You choose or are provided with a username, password, or any other piece of information, You agree to treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Application or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other security breach.
AgentDuty has the right to disable any username, password, or another identifier, whether chosen by You or provided by us, at any time in our sole discretion for any reason, including if you are or have violated any provision of this Agreement in AgentDuty’s opinion.
DELETION AND/OR CANCELATION
Payment Processing. Payment processing services for Booking Agents and Servicing Agents on the Platform are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to use the Platform, You agree to be bound by the Stripe Services Agreement, as Stripe may modify the same from time to time. In addition, as a condition of AgentDuty enabling payment processing services through Stripe, You agree to provide AgentDuty with accurate and complete information about You and Your business, and You authorize AgentDuty to share it and transaction information related to Your use of the payment processing services provided by Stripe. You shall notify AgentDuty of any disputes regarding payments within fourteen (14) days from the processing date of a payment. You shall be deemed to have accepted and agreed with any payments for which AgentDuty does not receive timely notice of disputes. You also agree and acknowledge that AgentDuty, at its exclusive discretion, may change the payment processing services without notice to You and for which you will be required to utilize its new services agreement. AgentDuty reserves the right to change payment processing service providers at any time and without notice to or consent by You.
Prices. AgentDuty may from time to time change the cost of Servicing Agent Services and will communicate any price changes to You in advance.
Geographic Restrictions. AgentDuty is based in and provides access and use of the Platform only by applicable Users located in the United States. You acknowledge that You will not be able to access the Platform outside of the United States and that access thereto is not legal for use by persons outside of the United States. You are not permitted to access the Platform from outside the United States.
Updates. From time to time in its sole discretion, AgentDuty may develop and provide updates and improvements to the Application, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that AgentDuty has no obligation to provide You with any Updates or continue to provide or enable any particular features or functionality of the Application. If you use the Device-based Platform, based on your Device settings, when Your Device is connected to the internet, either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Intellectual Property. User acknowledges that, as between User and AgentDuty, AgentDuty owns all rights, title, and interest, including all intellectual property rights, in and to the Platform and Services and all other intellectual property provided to User and, with respect to Third-Party Materials, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Materials.
If you believe that any User Contributions violate Your copyright, please contact our our legal department in writing at AgentDuty, Legal Department, 1800 Glenarm Place Ste 503, Denver, Colorado 80202, with the DMCA Notice information. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following information:
Third-Party Materials. The Application may display, include or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that AgentDuty is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. AgentDuty does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third- Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties terms and conditions.
TERMINATION OF THIS AGREEMENT
Term and Termination. The term of this Agreement commences when You install the Application and acknowledge that Your acceptance will continue in effect until terminated by You or AgentDuty as set forth in this Section.
You may terminate this Agreement by deleting Your account in the Application and all copies of the Mobile App from Your Device.
AgentDuty may terminate this Agreement without notice or if it ceases to support the Application, which AgentDuty may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
Upon termination: all rights granted to You under this Agreement will also terminate, and You must cease all use of the Application and delete all copies of the Mobile App from your Device and account.
Termination will not limit any of AgentDuty’s rights or remedies at law or in equity.
Changes to this Agreement. AgentDuty may revise or update this Agreement from time to time at its sole discretion. All changes are effective immediately when AgentDuty posts a Notice of such changes on its website. Your continued use of the Platform following the notice of a revised Application End User Agreement has been posted means that You accept and agree to the changes.