Terms of Use
Last updated: 4 September 2026. These Terms govern your use of the BrokerDIY website and platform. By creating an account, starting a trial, or using the platform, you agree to them. If you are agreeing on behalf of a brokerage or company, you confirm you are authorised to bind it, and “you” means that organisation.
BrokerDIY is a software platform for real-estate brokerages. We are not a licensed real-estate brokerage, a law firm, or a compliance service, and nothing here or in the product is legal advice.
Who you are contracting with. These Terms are an agreement between you and BrokerDIY LLC, a Wyoming limited liability company with its principal place of business in the State of Florida (“BrokerDIY”, “we”, “us”, “our”). Our registered agent and notice address are stated on any order form or subscription agreement and are available on request through our contact page.
We are in early access. We may change these Terms. If a change is material we will tell you, by email or in the product, before it takes effect for you. Continuing to use the platform after that means you accept the change.
1. Definitions
- Platform — the BrokerDIY software, websites, apps and APIs.
- Account — your organisation’s tenant on the Platform.
- Seat — one authorised individual user within an Account.
- Your Content — anything you or your seats put into the Platform: documents, transactions, contacts, messages, logos, listing information and files.
- Client Information — the subset of Your Content that identifies your clients or other transaction parties.
- Add-On — an optional paid product bought alongside a plan.
- BrokerDIY Action — one unit of AI work, as described on our pricing page.
- Aggregate Data — statistical information derived from use of the Platform that identifies no person, brokerage or transaction and cannot be reversed to do so.
2. Your account
Give us accurate information and keep it current. You are responsible for everything that happens under your Account and for keeping credentials secure. Do not share logins. Tell us promptly if you believe an account has been compromised or if someone’s access should have ended. You must be 18 or older.
An Account administrator can add, remove and act on behalf of seats in their organisation, and can see what those seats do on the Platform. If you are a seat, your brokerage controls your access and can see your activity.
3. Acceptable use
Use the Platform for your real-estate business, lawfully. You agree not to:
- copy, modify, reverse engineer, decompile, or create derivative works from the Platform, or try to extract its source code or models;
- scrape, crawl, harvest or bulk-export the Platform or its data by any automated means we have not provided for that purpose;
- resell, sublicense, rent or provide the Platform to anyone outside your organisation, or use it to build or benchmark a competing product;
- frame, mirror or deep-link the Platform, or strip our notices, marks or attribution;
- probe, scan or test the security of the Platform, defeat access controls, or access another tenant’s data;
- place a disproportionate load on the Platform or interfere with its operation;
- upload malware, or content that is unlawful, infringing, defamatory, harassing, deceptive, or that you have no right to provide;
- impersonate anyone, or misrepresent your affiliation with us or your endorsement by us;
- bid on our name or marks as advertising keywords, or register domains that imitate them;
- use the Platform to violate Fair Housing law, licensing law, MLS rules, or any duty you owe a client.
We may suspend or end access for a breach of this section, immediately where the risk warrants it.
4. Calls, texts and email — your compliance obligations
Read this section carefully. It allocates significant legal risk to you.
The Platform can place and answer telephone calls, send SMS messages, and send email on your behalf, including through AI voice agents and automated sequences. You are solely responsible for whether your use of those features is lawful. That includes the Telephone Consumer Protection Act and its implementing rules, the federal Do-Not-Call registry, every applicable state calling, texting, recording and consent law, CAN-SPAM, and any equivalent law outside the United States.
You represent and warrant that you have the consent required for every number and address you load or generate, and that you keep records proving it. We may ask you to produce that evidence, and you agree to provide it. You are responsible for honouring opt-outs, for scrubbing against do-not-call lists, for calling-time restrictions, and for any disclosures a recording or an AI-placed call requires in the jurisdictions you operate in.
You acknowledge that you have made your own enquiries about these obligations, with your own advisers, and that you are not relying on us for them. We do not review your lists, verify your consents, or determine what the law requires of you. We may pause or disable messaging and calling features on your Account if complaint rates, carrier feedback, deliverability or a credible legal concern makes it necessary, and we may do so without notice.
5. The Platform
Availability and change. We may add, change, or remove features. We aim for continuous service but do not guarantee uninterrupted availability, and maintenance and incidents will happen.
AI features. Parts of the Platform generate text, speech, summaries, valuations and suggested actions using AI. AI output can be wrong, incomplete or unsuitable, and it is not advice. You are responsible for reviewing anything the Platform produces before it reaches a client, a counterparty or a public audience, and for any action taken on it. Anything touching money, contract terms or a client relationship is yours to approve.
Electronic signature. The Platform provides electronic signature and a verification record. You are responsible for whether an electronic signature is appropriate and enforceable for a given document and jurisdiction, and for the content of what you send.
Forms and MLS data. Where the Platform hosts association or board forms, or connects to an MLS, IDX or VOW feed, you are responsible for holding and maintaining the licences, memberships and permissions that entitle you to use that data, and for complying with the rules attached to it. You will indemnify us for any claim arising from your failure to do so, or from use of feed data by anyone on your Account beyond what your licence permits. We are not responsible if an MLS application is refused, delayed, or later withdrawn.
Third-party and reference data. Property, valuation, neighbourhood, demographic and market information may come from third parties. We do not warrant its accuracy, completeness or availability, and it varies by location and over time.
Early access. Features marked early access, beta or preview are provided as-is, may change or disappear, and carry no warranty or service commitment.
6. Support, and our access to your Account
To investigate a problem, our support staff may need to access your Account. Where you grant that access, you authorise us to view and act within your Account for the purpose of diagnosing and fixing the issue. If you do not grant it, we may be unable to resolve the problem and are not responsible for the consequences of that.
7. Fees, billing and renewal
- Currency and taxes. Fees are in US dollars and exclude sales, use, VAT and similar taxes, which are your responsibility.
- Trials, and what happens when one ends. Our trial requires a payment card. Before you give us that card, and on the same screen, we show you in plain language: what the trial includes, the exact date it ends, the exact amount and frequency you will be charged if you do not cancel, and how to cancel. You must tick a separate box to agree to those terms — we do not treat entering a card as agreement on its own. We email you the same terms immediately afterwards, and we email you again before the trial converts. You can cancel in the app at any time before the trial ends and you will not be charged.
- Automatic renewal, stated plainly. This is a subscription that continues until you cancel it. Unless you cancel, your plan renews automatically at the end of each billing period and your payment method is charged the then-current rate for the next period. We tell you the amount and the interval before you subscribe and in every receipt.
- Automatic renewal. Subscriptions renew automatically for successive periods at the then-current rate until cancelled. You authorise us and our payment processors to charge your payment method for fees as they fall due, and to obtain updated card details from your issuer so a subscription does not lapse on an expired card.
- Usage and Add-Ons. Plans include a monthly allowance of BrokerDIY Actions. Usage beyond an allowance is never billed silently: it pauses, or it draws on an Add-On you have opted into, up to a ceiling you set.
- Advertising services. If we run advertising for you, you fund an advertising budget and pay a management fee. Budget and fees are non-refundable once a campaign is running, and advertising platforms’ own terms apply to those campaigns.
- Price changes. We may change fees. For an existing subscription we will give you notice before a change takes effect, and it will apply from your next renewal.
- Non-payment. We may suspend an Account that is past due after notice to you.
- Cancelling. You cancel in the app, yourself, at any time, in the same place you subscribed and in no more steps than it took to subscribe. There is no retention call, no support ticket, no email request and no waiting for business hours. Cancellation takes effect at the end of the period you have paid for, and you keep access until then. Except where the law requires otherwise, fees already paid are not refunded. If the in-app control is ever unavailable to you, tell us through our contact page and we will action the cancellation on the date you asked, not the date we processed it.
8. Your Content, and the licence you give us
You own Your Content. Nothing here transfers ownership of it to us.
You represent and warrant that you have the rights and permissions necessary to put Your Content into the Platform and to let us process it as described here, including any consent needed for Client Information.
The licence. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, reformat, index and process Your Content, and to make backups of it, for the purpose of operating, securing, supporting and improving the Platform for you. We may pass Your Content to the service providers we publish in our sub-processor list so they can perform those functions for us. This licence exists so the product can work; it ends when Your Content is deleted under section 9.
Aggregate Data. Separately, we may create Aggregate Data from use of the Platform and may use it for any lawful business purpose, including operating and improving our products, training and evaluating our own systems, and publishing benchmarks and research. Aggregate Data contains no names, addresses, document contents or Client Information, is not attributed to any brokerage, and cannot be reversed to identify anyone. Our rights in Aggregate Data survive the end of your Account.
Feedback. If you send us suggestions, we may use them without restriction or obligation to you.
Our intellectual property. The Platform, and everything in it other than Your Content, belongs to us or our licensors. You get a limited, revocable, non-transferable right to use it while your subscription is current, and nothing more.
9. What happens to your data when you leave
When a trial ends or a subscription is cancelled, access to the Platform ends. We hold your data intact for 30 days, we will package and send it to you on request at no charge during that window, we email you a notice seven days and one day before deletion, and then we delete everything that identifies you or your clients. The full policy is published at Your data and leaving BrokerDIY and forms part of these Terms.
Please keep your own records. Losing access to an account, or the end of the retention window, may result in the permanent loss of content, history and configuration. Beyond doing what section 9 says we will do, we are not liable for that loss, and we have no obligation to retain, restore or reconstruct data after the window closes — including data deleted by someone on your own Account. Your brokerage’s record-keeping obligations are yours, and they do not transfer to us.
10. Third-party services
The Platform connects to services we do not control — CRMs, calendars, MLS feeds, advertising platforms, payment processors and others. Your use of them is governed by their terms, not ours. We are not responsible for their availability, accuracy, security or acts, and a connection may change or stop working without notice.
11. Equal Housing Opportunity
We support the letter and the spirit of United States fair housing law. We expect every user of the Platform to do the same, and to run marketing, lead handling and client selection without barriers based on race, colour, religion, sex, disability, familial status or national origin, or any other protected characteristic under applicable law. Targeting, filtering or audience selection built with our tools must comply with Fair Housing and advertising-platform rules. We may suspend an Account we reasonably believe is being used otherwise.
12. Copyright and DMCA
If you believe material on the Platform infringes your copyright, send a notice to our designated agent through our contact page including: identification of the work, identification of the material and where it is, your contact details, a statement of good-faith belief that the use is unauthorised, a statement under penalty of perjury that your notice is accurate and that you are authorised to act, and your signature. We remove or disable infringing material and terminate repeat infringers. You may submit a counter-notice with the equivalent information.
13. Suspension and termination
You may cancel at any time in the app. We may suspend or terminate an Account for breach of these Terms, non-payment, legal risk, or a threat to the Platform or other customers, and immediately where the circumstances require. Where we reasonably can, we will tell you first. Sections that by their nature should continue after termination will do so, including the Aggregate Data licence, our intellectual property, disclaimers, indemnification, limitation of liability, dispute resolution, and governing law.
14. Privacy and data protection
Our Privacy Policy explains how we handle information and forms part of these Terms. Where we process personal data on your behalf and a data protection law such as the GDPR or a US state privacy law applies, our Data Processing Agreement governs that processing and forms part of these Terms. It is published, and it applies automatically from the moment you put personal data into the Platform — you do not have to request it or sign anything. If you need a countersigned copy, ask and we will sign.
15. Indemnification
You will defend, indemnify and hold harmless BrokerDIY and its officers, employees and agents against any third-party claim, and any resulting loss, liability, damages, penalty or reasonable legal cost, arising from: (a) your use of the Platform; (b) your breach of these Terms; (c) your breach of any law or regulation, including telephone, texting, email, Fair Housing, licensing and MLS rules; (d) Your Content, including any claim that we had no right to process it; (e) a dispute between you and a client, agent, counterparty or other third party; (f) your negligence or wilful misconduct; and (g) anyone else’s use of the Platform through your Account or credentials. We may take over the defence of any such claim at our own expense, and you will cooperate with us if we do.
16. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Platform will be uninterrupted, error-free or secure, that AI output will be accurate, or that the Platform will make you compliant with any law that applies to you.
We are not a brokerage and not an adviser. We do not provide real-estate brokerage, legal, tax, accounting or compliance advice, and we do not verify the legality, condition or suitability of any property or transaction.
RESPA. We are not responsible for your compliance with the Real Estate Settlement Procedures Act, including section 8, in relation to any marketing services agreement, joint marketing arrangement, cost-sharing, referral or affiliated-business arrangement you enter into, whether or not the Platform is used to operate or record it. Those arrangements are yours and you should take your own advice on them.
We are not the publisher of Your Content and do not endorse it.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, LOST GOODWILL, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT THEY WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, FOR ALL CLAIMS IN AGGREGATE, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS.
These limits do not apply to your indemnification obligations, your breach of section 3 or 4, amounts you owe us, or any liability that cannot be limited by law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
18. Governing law, venue and time limit
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to section 19, you and we submit to the exclusive jurisdiction of the state and federal courts located in Florida, and each of us waives any objection to that venue.
Any claim arising out of or relating to the Platform or these Terms must be brought within one year after it accrues, or it is permanently barred, except where a longer period is required by law.
19. Resolving a dispute
Read this section. It affects how any dispute between us is decided, and it contains a waiver of class actions. You can opt out of it within 30 days and keep everything else in these Terms.
- Talk to us first. Before starting an arbitration or a lawsuit, send us a short written description of the problem and what you want, through our contact page. We will do the same for you, at your account address. Both of us agree to try to settle it informally for 60 days from that notice. The 60 days pause any limitation period. Most things end here.
- Arbitration. If that does not resolve it, you and we agree that any dispute arising out of or relating to the Platform or these Terms will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, seated in Florida. Where you are an individual rather than a business, the AAA’s consumer rules apply instead and their fee schedule governs. The arbitrator decides their own jurisdiction and may award any relief a court could award to you individually. Judgment on the award may be entered in any court with jurisdiction.
- You can appear remotely. If your claim is for $25,000 or less, you may choose to have it decided on documents alone, or by telephone or video. You should not have to travel to argue a small claim.
- Class action waiver. Claims are brought only in an individual capacity. Neither of us may bring a class, collective, consolidated or representative action, act as a class representative or member, or have claims joined with anyone else’s, and the arbitrator has no power to preside over any consolidated or representative proceeding. If this waiver is held unenforceable as to a particular claim or a particular request for relief, then that claim or request alone proceeds in court and everything else stays in arbitration.
- What is carved out. Either of us may bring an individual claim in small-claims court instead of arbitration. Either of us may also go to court for an injunction or equivalent relief to stop unauthorised access to the Platform, misuse of confidential information, or infringement of intellectual property. Asking a court for that relief does not waive this section.
- Many similar claims. If 20 or more substantially similar demands for arbitration are filed against us by or with the coordination of the same lawyers or firm, the AAA will administer them in staged batches of no more than 20 at a time, each batch before a single arbitrator, with the parties selecting the batches. Both of us agree this is a single proceeding for fee purposes. Any limitation period is paused for the claims awaiting a batch. This exists so that a large number of genuine claims can actually be heard, rather than being priced into a settlement by filing fees alone.
- How to opt out. You may reject this section. Tell us through our contact page, or by replying to any email from us, within 30 days of first accepting these Terms, giving your account name and saying you opt out of arbitration. That is all it takes. Opting out costs you nothing, changes nothing else in these Terms, and we will not treat it as a reason to refuse, price or end your service. If you opt out, disputes go to the courts named in section 18.
- Changes and survival. If we change this section, the change does not apply to any dispute we already had notice of, and you get a fresh 30-day opt-out from the date of the change. This section survives the end of your Account.
20. General
- Notices. We may reach you in the Platform, by email to your account address, or by any other reasonable means. Notices to us go through our contact page.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Severability and waiver. If a provision is unenforceable, the rest stands. Not enforcing a right is not a waiver of it.
- Independent parties. These Terms create no partnership, agency, employment or franchise relationship, except where we act as your agent to place advertising as described in section 7.
- Entire agreement. These Terms, the Privacy Policy, the data and exit policy, and any order form or subscription agreement you sign are the whole agreement between us on this subject. Where a signed subscription agreement conflicts with these Terms, that agreement controls for the customer who signed it.