1. Agreement and acceptance
This Master Subscription Agreement and Terms of Service ("Agreement") is a legally binding agreement between BrokerBot Inc. ("BrokerBot," "we," "us," or "our") and the individual or organization ("Subscriber," "you," or "your") accessing or using the BrokerBot platform, including any free, trial, premium, or paid services.
By registering for an account, accessing the platform, or accepting these terms electronically, you acknowledge that you have read, understood, and agree to be bound by this Agreement and BrokerBot's Privacy Policy.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms.
2. Platform services
BrokerBot is a technology-enabled homeowner engagement and relationship management platform designed to help mortgage brokers, real estate professionals, financial service providers, and other authorized subscribers maintain ongoing relationships with homeowners.
The platform may include:
- Automated homeowner engagement and communications.
- Property valuation estimates, home equity information, and market updates.
- AI-powered insights, recommendations, and engagement tools.
- Property listing, permit, and other monitoring services.
- Homeowner information updates and interactive engagement features.
- Identification and facilitation of homeowner-initiated referrals for mortgage, real estate, insurance, renovation, financial planning, and related services.
- Integration with authorized third-party systems and service providers.
BrokerBot may modify, enhance, replace, or discontinue individual features from time to time, subject to applicable law and any contractual commitments.
BrokerBot does not guarantee that its services will generate a particular number of leads, referrals, transactions, or financial results.
3. Registration and account responsibilities
Subscribers must be at least 19 years of age and provide complete, accurate, and current registration information.
Subscribers are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their accounts, except to the extent caused by BrokerBot's own acts or omissions.
Subscribers agree to promptly notify BrokerBot of suspected unauthorized access or security incidents.
Where applicable, Subscribers must provide valid payment information and authorize BrokerBot to process subscription charges in accordance with their selected plan.
4. Subscription plans and fees
BrokerBot may offer freemium, premium, enterprise, trial, and other subscription plans.
Freemium subscriptions: Subscribers may access designated platform features without a recurring subscription fee. Certain premium features, monitoring services, integrations, or optional services may require additional payment.
Premium subscriptions: Subscribers may be charged based on the number of homeowner records, property addresses, selected features, or other pricing arrangements disclosed during registration or onboarding.
Enterprise subscriptions: Customized pricing, features, service levels, and commercial arrangements may be established under separate written agreements.
Unless otherwise specified:
- Fees are quoted and payable in Canadian dollars.
- Applicable taxes are additional.
- Subscription fees are billed according to the selected billing cycle.
- Fees already paid are non-refundable except where required by law or expressly agreed in writing.
- Subscribers are responsible for maintaining valid payment information.
Any usage-based charges, monitoring fees, or additional services will be disclosed before the applicable charge is incurred.
5. Term, renewal, and cancellation
This Agreement commences upon account registration or acceptance and continues until terminated in accordance with these terms.
Paid subscriptions automatically renew according to their selected billing cycle unless otherwise specified.
Subscribers may cancel their subscription by providing 60 days' notice through the available account management functions or by contacting BrokerBot in writing.
Cancellation does not relieve Subscribers of payment obligations incurred before the effective termination date.
Following termination, BrokerBot may provide a 30-day account reactivation and data retrieval period, subject to applicable data retention obligations and technical availability.
After this period, data may be deleted, de-identified, or retained as required by law and in accordance with BrokerBot's Privacy Policy and applicable data processing arrangements.
Termination of a subscription does not automatically authorize deletion of homeowner records that BrokerBot is legally or contractually required to retain.
6. Termination for cause
Either party may terminate this Agreement upon 30 days' written notice if the other party commits a material breach and fails to remedy that breach within the notice period.
BrokerBot may immediately suspend or restrict access where reasonably necessary to address:
- Suspected fraud or unlawful activity.
- Unauthorized access or material security threats.
- Serious violations of privacy or consent requirements.
- Misuse of homeowner information.
- Activities that materially threaten platform integrity or other users.
Where reasonably practicable, BrokerBot will provide notice and an opportunity to remedy the issue.
7. Subscriber data ownership
Subscribers retain ownership of the homeowner and client information they lawfully provide to BrokerBot ("Subscriber Data").
BrokerBot does not acquire ownership of Subscriber Data through its use of the platform.
Subscribers grant BrokerBot a limited, non-exclusive right to access, process, store, and use Subscriber Data solely as reasonably necessary to provide, maintain, secure, and improve the contracted services, subject to this Agreement, applicable privacy laws, and the Privacy Policy.
BrokerBot will not sell Subscriber Data or independently market unrelated products or services to a Subscriber's homeowner database without appropriate authorization and consent.
BrokerBot acts as a service provider processing Subscriber Data on behalf of the Subscriber, except where BrokerBot independently determines the purposes and means of processing information for its own legitimate business operations, such as account administration, billing, and legal compliance.
8. Homeowner consent and privacy responsibilities
Subscribers represent and warrant that they have the lawful authority to collect, upload, disclose, and process homeowner information through BrokerBot.
Where Subscribers rely on existing homeowner relationships, they remain responsible for determining whether those relationships, existing privacy notices, and any previously obtained consents lawfully authorize the intended use of BrokerBot.
A previous business relationship does not automatically constitute consent for every type of electronic communication, referral, or disclosure.
Subscribers must comply with applicable privacy, electronic communications, and consumer protection legislation, including, where applicable:
- Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).
- Canada's Anti-Spam Legislation (CASL).
- Applicable provincial privacy legislation.
- Applicable professional and industry-specific regulatory requirements.
BrokerBot will provide platform functionality intended to support lawful engagement and consent management but does not assume responsibility for the Subscriber's original collection of personal information or the legal basis for communications initiated on the Subscriber's behalf.
9. Referral services and homeowner authorization
BrokerBot may identify potential opportunities involving mortgages, refinancing, insurance, real estate, renovations, financial planning, and other homeownership-related services.
Personally identifiable homeowner referral information will be shared with a third-party referral recipient only after the homeowner has expressed interest and provided appropriate consent for the disclosure.
Subscribers acknowledge that:
- Referral opportunities are not guaranteed.
- Referral eligibility may depend on homeowner preferences and third-party service requirements.
- BrokerBot may receive compensation from authorized referral partners, where permitted by law.
- Any required disclosures concerning referral compensation or potential conflicts of interest must be made in accordance with applicable legislation and regulatory requirements.
BrokerBot does not guarantee the suitability, performance, licensing status, or services of independent referral providers.
Any separate revenue-sharing arrangement between BrokerBot and a Subscriber must be documented in writing.
10. Property valuations and AI-generated information
BrokerBot may provide automated property valuations, estimated equity positions, market insights, and AI-generated recommendations using information obtained from Subscribers, homeowners, public or licensed datasets, and third-party service providers.
Such information is provided for general informational and engagement purposes only.
Property valuations are estimates and are not certified appraisals or guarantees of actual market value.
BrokerBot does not guarantee the accuracy, completeness, timeliness, or suitability of automated valuations, AI-generated information, or third-party data.
Subscribers and homeowners should independently verify material information before making financial, legal, real estate, or investment decisions.
BrokerBot does not provide regulated mortgage, legal, investment, appraisal, or insurance advice solely through the delivery of automated platform insights.
11. Third-party applications and service providers
BrokerBot may integrate with third-party technology, data, and service providers to support platform functionality.
These may include:
- Verisk Canada: Property information, valuation-related data, and associated services.
- Microsoft Azure: Canadian cloud hosting and infrastructure services.
- Authorized AI technology providers.
- Analytics, monitoring, communication, and integration service providers.
- Authorized referral and homeowner service partners.
Homeowner records are hosted in Canada, subject to the disclosures and arrangements described in BrokerBot's Privacy Policy.
BrokerBot will implement appropriate contractual, technical, and organizational safeguards when third parties process personal information on its behalf.
Third-party products and services may be subject to their own terms and privacy policies.
BrokerBot is not responsible for the independent acts or omissions of third-party providers outside its reasonable control, but this provision does not exclude responsibilities that BrokerBot cannot lawfully disclaim.
12. Data security and confidentiality
BrokerBot maintains commercially reasonable administrative, physical, and technical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, destruction, or loss.
These safeguards include encryption of data in transit and at rest, access controls, and security practices appropriate to the sensitivity of the information processed.
BrokerBot utilizes Microsoft Azure cloud infrastructure and security technologies designed to support enterprise-grade data protection.
BrokerBot will restrict access to personal information to authorized personnel and service providers with a legitimate operational need.
Subscribers remain responsible for protecting their account credentials, managing authorized users, and ensuring the lawful collection and use of homeowner information.
No technology platform can guarantee absolute security. BrokerBot does not warrant that its systems will be completely free from all vulnerabilities or unauthorized access.
13. Data retention and deletion
BrokerBot generally retains Subscriber Data and associated records for a period of seven years, subject to applicable legal, contractual, and operational requirements.
Upon account termination, BrokerBot will handle data in accordance with its Privacy Policy, applicable retention requirements, and any agreed data processing instructions.
Where legally permissible, Subscribers may request deletion or return of their data.
BrokerBot may retain information where necessary to satisfy legal obligations, resolve disputes, maintain appropriate business records, or enforce contractual rights.
Data that is no longer required will be securely deleted or de-identified in accordance with applicable policies and procedures.
14. Acceptable use
Subscribers agree to use BrokerBot only for lawful business purposes and in accordance with this Agreement.
Subscribers must not:
- Upload personal information without appropriate legal authority.
- Send unsolicited commercial electronic messages contrary to applicable law.
- Attempt unauthorized access to the platform or other accounts.
- Reverse engineer, reproduce, or improperly exploit BrokerBot's software.
- Use the platform to engage in fraudulent, deceptive, or unlawful activities.
- Interfere with platform security, availability, or performance.
- Misrepresent the accuracy or nature of automated property valuations.
Subscribers are responsible for the content and legality of communications sent through their accounts.
15. Support and availability
BrokerBot provides reasonable technical support for paid subscription accounts through designated support channels, which may include email, telephone, or other communication methods.
Support levels and response times may vary by subscription plan.
BrokerBot will use commercially reasonable efforts to maintain platform availability but does not guarantee uninterrupted or error-free operation.
Scheduled maintenance, third-party service interruptions, security incidents, and circumstances beyond BrokerBot's reasonable control may affect availability.
16. Fee adjustments
BrokerBot may adjust subscription fees by providing at least 60 days' advance notice.
Fee adjustments will not take effect earlier than the end of the applicable notice period.
Subscribers may terminate their subscription before the new fees take effect, without being subject to the increased fees, by notifying BrokerBot within the applicable notice period.
Any prepaid amounts will be handled in accordance with the subscription terms and applicable law.
17. Overdue payments and suspension
Amounts not paid when due may accrue interest at an annual rate of 19.9%, or the maximum rate permitted by applicable law, whichever is lower.
BrokerBot may suspend access to paid services where an account remains overdue by 10 days or more, excluding amounts subject to a reasonable, good-faith billing dispute.
Where reasonably practicable, BrokerBot will provide advance notice before suspending service.
Suspension does not eliminate outstanding payment obligations.
18. Intellectual property rights
BrokerBot and its licensors retain all rights, title, and interest in the BrokerBot platform, including its software, designs, algorithms, workflows, AI-related functionality, trademarks, branding, documentation, and related intellectual property.
Subscribers receive a limited, non-exclusive, non-transferable right to access and use the platform during their subscription term.
Nothing in this Agreement transfers ownership of BrokerBot intellectual property to Subscribers.
Subscribers may not copy, modify, distribute, sublicense, reverse engineer, or create derivative works of the platform except where expressly permitted by law or authorized in writing.
Subscriber ownership of Subscriber Data remains unaffected by this section.
19. Disclaimer of warranties
Except as expressly provided in this Agreement or required by applicable law, BrokerBot is provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, BrokerBot disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
BrokerBot does not warrant that platform outputs, property valuations, referral opportunities, or AI-generated information will be accurate, complete, uninterrupted, or suitable for any particular transaction.
Nothing in this Agreement excludes warranties or obligations that cannot legally be excluded.
20. Limitation of liability
To the maximum extent permitted by applicable law, BrokerBot's aggregate liability arising from or relating to this Agreement shall not exceed the total subscription fees actually paid by the Subscriber to BrokerBot during the 12 months immediately preceding the event giving rise to the claim.
For Subscribers using only free services, BrokerBot's liability will be limited to the maximum extent permitted by applicable law.
Neither party shall be liable to the other for indirect, incidental, special, consequential, or punitive damages, including lost profits, business opportunities, or anticipated revenue, except where such exclusions are prohibited by law.
These limitations apply regardless of the legal theory asserted, but do not limit liability that cannot lawfully be restricted.
21. Indemnification
Subscribers agree to indemnify and hold harmless BrokerBot, its officers, directors, employees, and authorized representatives from third-party claims, losses, damages, and reasonable legal expenses arising from:
- Unlawful collection, uploading, or disclosure of homeowner information by the Subscriber.
- Communications sent without required consent.
- The Subscriber's violation of applicable laws or regulatory requirements.
- Material misuse of the platform.
- The Subscriber's breach of this Agreement.
This indemnification does not apply to the extent a claim results from BrokerBot's own unlawful conduct, negligence, or breach of its contractual obligations.
22. Privacy Policy
BrokerBot's collection, use, disclosure, storage, and protection of personal information are governed by its Privacy Policy, which forms part of this Agreement.
Where a separate written data processing agreement applies, its specific data protection provisions will govern in the event of a conflict concerning the processing of personal information.
Privacy-related inquiries may be directed to:
23. General provisions
Governing law: This Agreement is governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Subject to mandatory applicable law, disputes will be brought before the courts of Ontario.
Assignment: Neither party may assign this Agreement without the other party's prior written consent, except that BrokerBot may assign it in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant business assets, provided the successor assumes the applicable obligations.
Entire agreement: This Agreement, the Privacy Policy, and any applicable written order forms or supplementary agreements constitute the entire agreement between the parties concerning the services.
Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.
Waiver: Failure to enforce a provision does not constitute a waiver of the right to enforce it later.
Amendments: BrokerBot may update this Agreement from time to time. Material changes will be communicated through reasonable notice, and continued use after the effective date of the updated terms constitutes acceptance where permitted by law.
Electronic acceptance: Electronic acceptance of this Agreement has the same effect as a written signature to the extent permitted by applicable law.