Terms of Service

1. Acceptance

These Terms of Service ("Terms") form a binding agreement between you ("you", "your", "Customer") and AgentMind ("AgentMind", "we", "us", "our") covering your use of the AgentMind platform, websites, dashboard, admin console, and any related services (collectively the "Service"). By creating an account, accessing the Service, or clicking "I agree", you accept these Terms and confirm you are authorised to bind yourself (and, if applicable, your business) to them.

If you do not agree to these Terms, do not use the Service.

2. What AgentMind is

AgentMind is a software-as-a-service platform for licensed real estate professionals, with a particular focus on Ontario. It provides tools for client and engagement management, MLS listing matching, AI-assisted lead qualification, OREA-form-based offer drafting, comparative market analysis, status-certificate review, showing scheduling, voice command via Telegram, and a public realtor website. The specific features available to you depend on your subscription plan, which is described on our pricing page.

AgentMind is a software tool. It is not a real estate brokerage, a law firm, a tax adviser, or a financial institution. We do not represent buyers, sellers, tenants, or landlords. The licensed real estate professional using the Service remains the responsible party for every transaction.

3. Eligibility

• You must be at least 18 years old.
• You must be a licensed real estate professional in good standing with your provincial regulator (in Ontario, RECO under REBBA), or a member of a real estate team or brokerage led by such a licensed professional.
• You must have authority to enter into this agreement on your own behalf or on behalf of any business you represent.
• You must use the Service for lawful real-estate-related purposes only.

4. Account creation and security

You are responsible for choosing a strong password, keeping your credentials confidential, enabling multi-factor authentication where offered, and notifying us immediately if you suspect your account has been compromised. You are responsible for all activity that occurs under your account, including activity by team members you invite.

One account per individual realtor. Sharing a single account between multiple agents to avoid per-seat fees violates these Terms and may result in suspension.

5. Subscriptions, fees, and billing

• Plans and pricing - are described on our pricing page. All prices are in Canadian dollars unless stated otherwise. Applicable Canadian sales tax (GST / HST / QST / PST) is added at checkout based on your billing address.
• Free trial - new accounts begin with a 14-day free trial. No credit card is required at signup. At the end of the trial, the account moves to a paid plan only if you select one.
• Billing cycle - monthly or annual, billed in advance through our payment processor. Subscriptions auto-renew until cancelled.
• Add-ons and overage - optional add-on subscriptions (premium MLS alerts, AI upgrade, additional sites, etc.) are billed separately. Usage-metered features (AI calls, SMS, voice minutes, phone numbers) include a generous tier; overage is billed on your next invoice at the rates disclosed in your billing portal.
• Phone setup fees - one-time setup fees apply only to phone-number porting (currently $50 CAD). Three other phone-setup options are free. Fees are disclosed in the phone-setup wizard before you commit.
• Failed payments - we will retry the payment and email you. If payment cannot be collected within a reasonable retry period, the subscription enters a past-due state and AI features may be temporarily restricted until payment succeeds.
• Refunds - we do not provide pro-rata refunds for cancellations mid-cycle. You retain access to the Service until the end of the billing period you have already paid for. Exceptions: if we materially fail to deliver the Service, or in jurisdictions where consumer-protection law requires refunds.

6. Cancellation and account termination

You can cancel your subscription at any time from the billing portal in your dashboard. Cancellation takes effect at the end of the current billing period. You can delete your account entirely via Settings → Delete account, which terminates the subscription immediately and starts the data-deletion process described in our Privacy Policy.

We may suspend or terminate your account, with or without notice, if you violate these Terms, fail to pay, engage in fraud or abuse, or for any other lawful reason. Where reasonable, we will give notice and an opportunity to cure.

7. Acceptable use

You agree NOT to use the Service to:

• Violate any law, regulation, or third-party right (including REBBA, RECO rules, CREA Realtor Cooperation Policy, MLS rules, PIPEDA, CASL, and intellectual-property laws).
• Send unsolicited bulk marketing in violation of Canada's Anti-Spam Legislation (CASL) or comparable laws. You are responsible for obtaining consent before adding contacts to AgentMind for outreach.
• Use the Service to harass, defame, discriminate against, or harm any person.
• Scrape or systematically extract data from the Service for purposes outside your own real estate practice; resell, sublicense, or redistribute MLS data; or use MLS data to operate a competing platform.
• Reverse engineer, decompile, or attempt to access source code or non-public APIs.
• Probe, scan, or test the security of the Service without our prior written permission.
• Upload malware, viruses, or content that infringes third-party rights.
• Impersonate another person or misrepresent your affiliation.
• Resell, white-label, or sublicense the Service without a written agreement with us.

8. Your responsibilities as a licensed realtor

AgentMind is a tool that supports your real estate practice. You remain personally and professionally responsible for compliance with every law and rule that applies to you, including:

• REBBA (Ontario's Real Estate and Business Brokers Act) and RECO rules.
• CREA Realtor Cooperation Policy (the 3-day MLS upload rule for marketing events).
• Your brokerage's internal policies and supervision requirements.
• TRREB IDX / VOW / DLA agreements when consuming MLS data.
• PIPEDA when collecting and using personal information about clients and leads, including obtaining appropriate consent before adding them to AgentMind.
• CASL when sending email or SMS marketing through any channel, including ours.
• FINTRAC, anti-money-laundering, and identity-verification rules where they apply to your transactions.

You are responsible for reviewing every document AgentMind generates before sending it to a client, signing it, or filing it. AgentMind's features (including AI-drafted offers, status certificate reviews, and CMAs) are productivity aids, not legal or professional advice.

9. AI-generated content

Several AgentMind features use large language models to draft text or analyze documents on your behalf. These include lead qualification responses, OREA Form 100 drafting, AI Comparative Market Analyses, buyer comparison sheets, status certificate reviews, showing prep briefs, and voice command parsing.

AI outputs are drafts. Language models can produce plausible-sounding text that is inaccurate, incomplete, or out of date. You must review every AI-generated output for accuracy and appropriateness before sending it to a client, executing it, or relying on it. We mark AI-generated content visibly in the dashboard. We are not liable for losses caused by errors in AI-generated content that you did not catch on review.

Offer drafts generated by AgentMind are intended to be transcribed into OREA Webforms or your brokerage's execution system before signing. They are not signed offers; they are working drafts to save time.

10. MLS data

AgentMind's MLS features rely on the AMPRE feed from the Toronto Regional Real Estate Board (TRREB). You are responsible for maintaining a valid IDX / VOW / DLA agreement with your board and your brokerage. MLS data accessed through AgentMind may be used only for purposes permitted under those agreements - typically to serve your clients' real estate needs, not for commercial republication, advertising to third parties, or feeding other platforms.

If your IDX / DLA bearer token is revoked or expires, MLS features will stop working until you provide a valid token through your dashboard.

11. Your content; intellectual property

Your content. You retain ownership of the information you enter into AgentMind (client records, engagement criteria, notes, documents, public-site content, etc.). You grant us a limited, non-exclusive licence to host, process, and display that content as necessary to provide the Service to you.

Our IP. The AgentMind software, dashboards, website, templates, name, and logos are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service during your subscription, subject to these Terms. Nothing in these Terms transfers ownership of our IP to you.

Feedback. If you send us feedback, feature requests, or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction or compensation.

12. Service availability

We aim to keep the Service available 24/7 but do not guarantee uninterrupted access. Planned maintenance, third-party outages (our database, payment processor, telephony, AI, email, and notification providers), security incidents, and force-majeure events may cause temporary disruption. We do not currently offer a contractual SLA; we will, however, make reasonable efforts to communicate significant outages and restore service quickly.

13. Third-party services

AgentMind integrates with third-party services (including those listed in our Privacy Policy). When you opt in to such an integration, you are bound by the third party's own terms in addition to ours. We are not responsible for the acts, omissions, or performance of third parties beyond our reasonable control.

14. Suspension

We may suspend your account temporarily, with reasonable notice where practical, if your use of the Service poses a security risk, violates these Terms, threatens the stability of the Service, or in response to a lawful order. Where the issue is curable, we will give you a reasonable opportunity to fix it.

15. Termination by you

You can cancel your subscription or delete your account at any time from your dashboard. On account deletion we initiate the data-purge process described in our Privacy Policy.

16. Warranty disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the maximum extent permitted by law, AgentMind disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation. Nothing in this Section limits any non-excludable statutory warranty available to you as a consumer under the laws of Ontario or Canada.

17. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or loss of business opportunity - even if advised of the possibility.
• AgentMind's aggregate liability for any claim arising out of or related to these Terms or the Service is limited to the greater of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CA$100).

These limitations apply regardless of the legal theory of the claim (contract, tort, statute, or otherwise). They do not apply to gross negligence, wilful misconduct, indemnification obligations, or breaches of confidentiality. They do not affect non-excludable consumer rights.

18. Indemnification

You agree to defend, indemnify, and hold AgentMind harmless from third-party claims arising out of your use of the Service in breach of these Terms, including (a) your failure to obtain proper consent before entering personal information about clients or leads, (b) misuse of AI-generated content that you did not review, (c) violation of MLS rules or your IDX / DLA agreement, (d) defamatory, infringing, or unlawful content you publish through the Service, and (e) any third-party loss caused by your real estate transactions.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. Any dispute that cannot be resolved by good-faith negotiation will be submitted to the exclusive jurisdiction of the courts of Ontario, sitting in the City of Toronto. Each party waives any objection to that venue or forum.

20. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent change. For material changes that increase your obligations or reduce your rights, we will notify active customers by email at least 30 days before the change takes effect, and your continued use after the effective date constitutes acceptance. If you do not accept a material change, your remedy is to cancel before it takes effect.

21. General

• Entire agreement - these Terms, together with the Privacy Policy, Cookie Policy, and any signed order form, constitute the entire agreement between you and AgentMind concerning the Service.
• Severability - if any provision is held unenforceable, the rest stays in effect.
• No waiver - a failure to enforce a right is not a waiver of it.
• Assignment - you may not assign these Terms without our consent. We may assign these Terms to an affiliate or to a successor in a merger, acquisition, or sale of assets.
• Notices - we may give notice by email to your account address or by posting in the dashboard. You may give notice to us at [email protected].
• Force majeure - neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, cyberattacks, infrastructure failures, government action).
• Survival - sections that by their nature should survive termination (intellectual property, warranty disclaimer, limitation of liability, indemnification, governing law, general) will survive.
• Language - these Terms are drafted in English; this is the controlling version even where a translation is provided. Les parties ont expressément demandé que ces conditions soient rédigées en anglais.

22. Contact

AgentMind
[email protected]