Terms of Service
Last updated: September 8, 2026
Dealegator, Inc.
Version: 1.0
Effective Date: September 8, 2026 | Last Updated: September 8, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING A CLASS ACTION WAIVER, A JURY-TRIAL WAIVER, EXCLUSIVE JURISDICTION IN FLORIDA COURTS, DISCLAIMERS OF WARRANTIES, AN ASSUMPTION OF RISK, LIMITATIONS OF LIABILITY, A CONTRACTUAL TIME LIMIT FOR BRINGING CLAIMS, AND YOUR AGREEMENT TO INDEMNIFY DEALEGATOR AND THE BROKERAGES. SEE SECTIONS 13, 17, 18, 19, 20, AND 24. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Introduction and Acceptance
1.1. These Terms of Service, together with all documents and policies expressly incorporated by reference (collectively, these "Terms"), constitute a legally binding agreement between you ("you," "your," or "User") and Dealegator, Inc., a Florida profit corporation, together with its subsidiaries and affiliates ("Dealegator," "we," "us," or "our"), governing your access to and use of the Dealegator mobile applications, the Dealegator websites, the public web pages we host for property showings, and all related features, content, and services (collectively, the "Services").
1.2. These Terms incorporate by reference the Dealegator Privacy Policy (the "Privacy Policy"), which describes how we collect, use, and disclose information. See Section 15 (Privacy). By using the Services, you also acknowledge the Privacy Policy.
1.3. Acceptance. By downloading, installing, accessing, registering for, or using the Services, or by clicking "I agree" or a similar affirmation, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services. You acknowledge that you have had the opportunity to read these Terms, that you accept them knowingly and voluntarily, and that you are not relying on any statement, representation, or assurance not expressly set out in these Terms.
1.4. Modifications. We may modify these Terms as described in Section 23 (Changes to the Services or These Terms). Your continued use of the Services after any modification becomes effective constitutes your acceptance of the modified Terms.
1.5. Entity users. If you use the Services on behalf of a brokerage, company, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and "you" refers to both you individually and that entity.
2. Definitions
2.1. Capitalized terms used in these Terms have the meanings set forth below or where first defined. Capitalized terms used but not defined in these Terms have the meanings given in the Privacy Policy.
2.1.1. "Brokerage" means a real estate brokerage that has been enabled on the platform and under whose Florida real estate license one or more Users operate, including the pilot launch brokerages identified in Section 5.
2.1.2. "Dealmaker" means a User, registered in the Dealmaker role, who is a licensed real estate agent with one or more listed properties and who creates Work Orders to have those properties shown. The Dealmaker is the party that engages the showing service through the Services.
2.1.3. "Field Agent" means a User, registered in the Field Agent role, who is a licensed real estate agent that performs property showings. In our systems the Field Agent role may be referenced as the "service provider."
2.1.4. "Lead" means a prospective tenant or buyer who is interested in viewing a property and who interacts with the Services through public web links, without creating an account or downloading the application.
2.1.5. "User Content" means any content, data, text, photographs, images, descriptions, or other materials that a User submits, uploads, or transmits to or through the Services, including property photographs and property descriptions.
2.1.6. "Visit" or "Showing" (displayed in the application as a "Tour") means an individual property showing requested by a Lead and performed by a Field Agent under a Work Order.
2.1.7. "Work Order" means the unit of work a Dealmaker creates through the Services requesting that a property be shown, configured either as a Standard Showing or a Rental – Co-Brokerage engagement.
2.1.8. "Standard Showing" means a Work Order type with a fixed, prepaid fee per Visit, as further described in Section 8.
2.1.9. "Rental – Co-Brokerage" means a Work Order type under which a Field Agent is compensated by a share of commission upon the closing of a rental transaction, as further described in Section 8.
3. Eligibility; User Accounts; Roles
3.1. Eligibility. To register as a Dealmaker or Field Agent, you must be at least eighteen (18) years of age, be able to form a legally binding contract, and hold and maintain a valid, active Florida real estate license as required by Section 5. Leads must be at least eighteen (18) years of age. The Services are offered only to Users located in the State of Florida and are not directed to any other jurisdiction.
3.2. Registration and roles. Dealmakers and Field Agents must register for an account and select a role. A single account holder may operate in both the Dealmaker and Field Agent roles, subject to completing the onboarding and approval applicable to each role. Each role has its own approval status, and approval in one role does not constitute approval in the other.
3.3. Account approval. Registration does not entitle you to use the Services. Dealegator reviews submitted documentation manually and may approve, reject, suspend, deactivate, or block any account or role in its sole discretion, with or without cause, as further described in Section 22. Dealegator does not guarantee that any application will be approved.
3.4. Accuracy of information. You agree to provide true, accurate, current, and complete information during registration and onboarding, including your identity, real estate license, government identification, and (for Field Agents) vehicle and insurance information, and to keep such information updated. Providing false, misleading, or fraudulent information is grounds for immediate termination and may be reported to applicable authorities.
3.5. Account security. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. Dealegator is not liable for any loss arising from unauthorized use of your account.
3.6. Leads. Leads do not create accounts. A Lead’s use of any public web page hosted by Dealegator to view a property, schedule a Visit, confirm or cancel a Visit, or submit feedback is subject to these Terms and the Privacy Policy, and by using those pages the Lead agrees to the provisions applicable to Leads, including Sections 13, 17, 18, 19, and 20.
4. The Dealegator Platform; Our Role as a Neutral Venue
4.1. Technology platform only. Dealegator provides an online marketplace and technology platform that connects Dealmakers who need properties shown with Field Agents who perform showings, and that facilitates scheduling, communications, and payment processing between them. Dealegator is not a real estate brokerage, is not a party to any real estate listing, showing arrangement, lease, or purchase transaction, and does not provide real estate brokerage services. DEALEGATOR DOES NOT SHOW, LIST, BUY, SELL, LEASE, OR MANAGE REAL ESTATE, DOES NOT PARTICIPATE IN THE SHOWING, LEASING, OR PURCHASE OF ANY PROPERTY, AND DOES NOT PROVIDE REAL ESTATE, BROKERAGE, LEGAL, FINANCIAL, TAX, OR INSURANCE ADVICE OF ANY KIND.
4.2. No agency, no brokerage, no representation. Dealegator does not represent any Dealmaker, Field Agent, Lead, Brokerage, buyer, seller, landlord, or tenant, and does not act as a real estate broker, sales associate, transaction broker, single agent, dual agent, apparent or ostensible agent, partner, employer, or joint employer of any User. All real estate services are performed by licensed Users operating under the license of their respective Brokerage, and not by Dealegator.
4.3. Users transact at their own discretion. The decision to create, accept, perform, or complete any Work Order or Visit, and the decision to enter into any lease, purchase, or other transaction, rests solely with the Users involved. Dealegator does not control and is not responsible for the acts or omissions of any User, the condition, legality, or safety of any property, the truth or accuracy of any listing or User Content, or the conduct of any Lead, Dealmaker, or Field Agent, whether online or offline.
4.4. No verification of properties or persons beyond stated onboarding. Except for the manual documentation review described in these Terms, Dealegator does not conduct background checks on Leads, does not independently verify the identity, character, or fitness of Leads, and does not inspect properties. Dealegator makes no representation regarding any User or property.
4.5. Availability. Dealegator does not guarantee that a Field Agent will be available for any requested Visit, that any Visit will occur, that any Lead will attend, or that any transaction will close. Assignment of Field Agents is performed by an automated algorithm and Dealegator does not guarantee any particular volume of Work Orders, Visits, or earnings.
4.6. No guarantee of Users; verification is limited. Although Dealegator performs a manual review of certain documentation during onboarding, Dealegator does not guarantee, and expressly disclaims responsibility for, the identity, character, fitness, licensure, qualifications, or conduct of any User or Lead. Dealegator cannot confirm that any User or Lead is who they claim to be, and its license and document review is not a guarantee or endorsement of any User’s status or suitability. You are responsible for exercising your own judgment and taking appropriate precautions in all dealings with other Users and Leads.
4.7. Not a party to Users’ agreements. Any agreement, engagement, showing arrangement, lease, or transaction formed between Users, or between a User and a Lead, is solely between those persons. Dealegator is not a party to any such agreement, and the formation or performance of any such agreement does not, under any circumstances, create any responsibility or liability for Dealegator.
4.8. No advice; your own decisions. The Services are not intended to provide, and do not constitute, legal, financial, tax, real estate, or insurance advice. You are solely responsible for your own decisions and for obtaining any professional advice you require, and you assume all risk and responsibility for any action or inaction taken based on the Services.
5. Real Estate Licensing and Regulatory Compliance
5.1. License required. Every Dealmaker and Field Agent must hold and maintain a valid, active Florida real estate license in good standing at all times while using the Services. Performing real estate services, including showing property, without a valid license is a violation of Florida law and may constitute a criminal offense. You are solely responsible for your compliance with Chapter 475, Florida Statutes, the rules of the Florida Real Estate Commission (FREC), and all other applicable laws, rules, and regulations governing real estate licensees.
5.2. One brokerage. You represent and warrant that you are affiliated with, and operating under the license of, a single Brokerage as required by Florida law, and that your Brokerage has authorized your activities on the Services. Only Users affiliated with an enabled Brokerage may register as Dealmakers or Field Agents.
5.3. License maintenance and expiration. You are solely responsible for renewing your real estate license and for maintaining it in active status. Dealegator does not provide license-expiration alerts and does not undertake any duty to monitor, warn, or remind you of any license expiration. If your license lapses, expires, is suspended, or is revoked, you must immediately cease using the Services in the affected role, and Dealegator may suspend or terminate your account.
5.4. Pilot Brokerages. During the pilot phase, the enabled Brokerages are Highlight Realty Corp and Highlight Realty Network. Additional Brokerages may be enabled over time. Nothing in these Terms creates any obligation of Dealegator to enable any Brokerage.
5.5. Compliance with real estate laws. You are solely responsible for all disclosures, agency relationships, advertising compliance, fair housing compliance, escrow and trust-fund handling, recordkeeping, and other obligations imposed on real estate licensees. DEALEGATOR DOES NOT PROVIDE LEGAL, BROKERAGE, TAX, OR COMPLIANCE ADVICE.
5.6. Professional standards. You agree to comply with all applicable professional standards and codes of ethics governing real estate licensees, including, where applicable, the National Association of REALTORS® Code of Ethics, and with all fair housing laws, in connection with your use of the Services.
6. Independent Contractor Status; No Employment or Agency
6.1. Independent contractors. Field Agents and Dealmakers are independent contractors. Nothing in these Terms creates any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between Dealegator and any User, or between any Brokerage and Dealegator. Field Agents are not employees of Dealegator, of any Dealmaker, or of any Brokerage by virtue of the Services. Each User’s classification and relationship with respect to its Brokerage — including whether the User is treated as an independent contractor (for example, a 1099 independent contractor) or an employee of that Brokerage, and any commission or compensation split — is governed by a separate agreement between the User and its Brokerage, to which Dealegator is not a party and for which Dealegator bears no responsibility.
6.2. No employee benefits. As an independent contractor, you are not entitled to any of the benefits that Dealegator may make available to its employees, including workers’ compensation, unemployment insurance, health insurance, retirement benefits, or paid leave, and you are not covered by such programs through Dealegator.
6.3. Taxes. Users are solely responsible for determining, reporting, collecting, withholding, and remitting all taxes, including income and self-employment taxes, arising from their use of the Services and their compensation. Amounts paid to Users are reported on IRS Form 1099 or other applicable information returns where required, and no amounts are withheld by Dealegator except as required by law. You agree that you are responsible for your own tax obligations.
6.4. Control over work. Field Agents retain sole discretion over whether, when, and how often to accept and perform Visits, subject to the operational rules of the Services, and provide their own vehicles, equipment, and licensure. No provision of these Terms shall be construed to create an employment relationship, and you waive any claim to the contrary to the fullest extent permitted by law.
6.5. Insurance (Field Agents). Each Field Agent is solely responsible for obtaining and maintaining, at the Field Agent’s own expense, all insurance required by law and appropriate to the Field Agent’s activities, including a valid automobile liability insurance policy that meets or exceeds the minimum limits required by Florida law for any vehicle used in connection with the Services. You represent and warrant that you maintain such insurance, and you agree to provide proof of coverage, and to authorize its release to Dealegator, upon Dealegator’s reasonable request. Dealegator may, but is not obligated to, verify insurance and does not guarantee that any User maintains adequate coverage. Each Field Agent is solely responsible for the safe and lawful operation of any vehicle used in connection with the Services, and Dealegator is not responsible for, and assumes no liability arising from, any User’s operation of a vehicle or travel to or from any property. In addition, each User is responsible for obtaining and maintaining any professional liability or errors-and-omissions (E&O) insurance required by the User’s Brokerage or by applicable law.
6.6. No insurance provided by Dealegator. Dealegator does not provide, and is not responsible for procuring, any insurance for the benefit of any User or Lead, including liability, automobile, health, disability, or workers’ compensation coverage. Dealegator is not responsible for any personal property lost, stolen, or damaged before, during, or after any Visit. Dealegator is likewise not responsible for any theft of, or damage to, any property, its contents, fixtures, or belongings occurring before, during, or after any Visit.
7. Work Orders, Bookings, and Showings
7.1. Creating Work Orders. A Dealmaker may create a Work Order for a property, selecting a task type (Standard Showing or Rental – Co-Brokerage), the compensation terms, and, for Standard Showings, the maximum number of Visits. Each Work Order generates a shareable link that the Dealmaker may distribute to one or more Leads.
7.2. Scheduling and assignment. A Lead selects an available time slot through the public web page. Dealegator’s automated algorithm then offers the Visit sequentially to eligible Field Agents based on factors that may include proximity, availability, rating, and responsiveness. Field Agents may accept or decline offers. Dealegator does not guarantee that any Visit will be accepted or performed.
7.3. Access instructions. Property access instructions are confidential and are disclosed to a Field Agent only after the Field Agent accepts a Visit. Field Agents agree to use access instructions solely to perform the accepted Visit, to keep them confidential, and to comply with all instructions and applicable law. Misuse of access instructions or unauthorized entry is strictly prohibited and may result in civil and criminal liability. No User or Lead may share, forward, copy, photograph, post, or otherwise disclose property access information (including any lockbox code, keypad code, key location, or owner or Dealmaker contact details) to or with any other person, or use it for any purpose other than the specific authorized Visit. Any such sharing or misuse of access information is strictly prohibited, may be unlawful, and will result in immediate suspension or termination of the account and other penalties, in addition to any civil or criminal liability.
7.4. Performance of Visits. Field Agents are responsible for performing Visits professionally, lawfully, and in accordance with the reserved time slot and the Dealmaker’s instructions. Field Agents must mark each Visit as completed or as a no-show through the application and must provide required feedback. Dealmakers are responsible for the accuracy of property information and access instructions and for maintaining authority to have the property shown. The Dealmaker and, where applicable, the property owner are responsible for securing the property and for removing or safeguarding cash, valuables, medications, firearms, and other sensitive items before any Visit.
7.5. Direct (agentless) bookings. A Dealmaker may share a direct booking link that reserves a time slot without assigning a Field Agent. Direct bookings are coordinated solely by the Dealmaker or an external broker, are not facilitated by a Field Agent through the Services, do not generate compensation or platform accounting, and are the sole responsibility of the person who coordinates them.
7.6. No exclusivity over Leads. There is no exclusivity period with respect to any Lead. If a Lead contacts or engages any agent outside the Services, Dealegator does not intervene and has no responsibility for, or entitlement arising from, such off-platform activity.
7.7. Field Agent’s limited role. A Field Agent performs a property showing only and, by performing a Visit, does not represent the Lead, the Dealmaker, the property owner, or any other party in any real estate transaction. A Field Agent will not provide substantive advice regarding, or negotiate, any transaction, and will conduct each Visit in accordance with the instructions provided and with applicable law and professional standards.
7.8. No procuring-cause or commission claim by Field Agents. Except for the compensation expressly payable through the Services for a Visit or a Rental – Co-Brokerage closing as described in Section 8, each Field Agent waives, to the fullest extent permitted by law, any claim that the Field Agent is the procuring cause of, or is entitled to any commission or compensation arising from, any lease, sale, or other transaction involving a property or Lead the Field Agent showed, and agrees not to assert any such claim against any Lead, Dealmaker, property owner, Brokerage, or Dealegator for a period of at least three (3) years following the applicable Visit.
7.9. Dealmaker disclosures. The Dealmaker is responsible for making any disclosures required by law or by applicable real estate rules to the Lead and to the Dealmaker’s client, including any disclosure that a Field Agent performing a Visit does not represent the Lead or the Dealmaker’s client, and for maintaining any required agency or brokerage relationships.
7.10. Binding commitment. Each Work Order and each accepted Visit is a binding commitment. When a Dealmaker creates a Work Order and a Field Agent accepts an offered Visit, both parties are legally bound to honor the conditions of that Work Order and Visit: the Field Agent is obligated to complete each accepted Visit in accordance with the specified conditions, the reserved time slot, and the instructions provided, and the Dealmaker is obligated to compensate the Field Agent for the Visit as provided in Section 8. Except as expressly permitted by these Terms (for example, the cancellation and no-show provisions in Section 9), neither party may unilaterally cancel, alter, or refuse to honor the agreed conditions of that Work Order or accepted Visit, and, as provided in Section 8.9, the compensation for a Work Order is fixed when the Work Order is created and may not be adjusted afterward. As described in Section 4.7, Dealegator is not a party to this commitment and provides the Services only as the technology platform that facilitates it.
8. Fees, Payments, Commission Authorization, and Payouts
8.1. Standard Showing (prepayment). For a Standard Showing, the Dealmaker selects a fixed amount per Visit and a maximum number of Visits, and pays in advance, in a single charge, an amount equal to the maximum number of Visits multiplied by the sum of the per-Visit amount and the applicable platform service fee. The prepaid amount is reserved for the Work Order and is drawn upon as Visits are concluded. Any unconsumed reserved balance is returned to the Dealmaker’s platform balance when the Work Order reaches a final state, as further described in Section 9.
8.2. Rental – Co-Brokerage (activation and commission). For a Rental – Co-Brokerage Work Order, the Dealmaker pays a flat activation fee to create the Work Order, which is valid for a limited number of Visits and/or a limited period, and which may be renewed for an additional fee. A Field Agent is entitled to a commission, calculated as an agreed percentage of the signed monthly rent, only if the Lead the Field Agent showed signs a rental contract and the Dealmaker reports and Dealegator verifies the closing.
8.3. Platform service fees. Dealegator charges platform service fees, including a percentage-based service fee on Standard Showings and activation and renewal fees on Rental – Co-Brokerage Work Orders. Fee amounts and parameters are set by Dealegator and may be changed prospectively as described in Section 23. Fees are non-refundable except as expressly stated in Section 9 or as required by law.
8.4. Authorization to split and disburse compensation. You authorize and instruct Dealegator, and its payment processors, to calculate, reserve, deduct, split, and disburse compensation, commissions, platform fees, and Brokerage fees among the Dealmaker, the Field Agent, the applicable Brokerage, and Dealegator in accordance with these Terms and the parameters you configure or accept. You further authorize Dealegator to deduct a per-Visit Brokerage flat fee (which defaults to $3.00 and is configurable) from a Field Agent’s compensation and to remit it to the Field Agent’s Brokerage. This authorization is a material term of these Terms and continues until all obligations are settled.
8.5. Payment processing (Stripe). Card payments are processed by Stripe, Inc. and other third-party payment processors, and are subject to their terms and privacy policies. Dealegator does not store full payment card numbers; payment card data is tokenized and handled by the processor. You represent that you are authorized to use any payment method you provide. Your provision of a payment method authorizes Dealegator and its processor to charge all applicable amounts.
8.6. Payouts (Zelle). Compensation owed to Field Agents and Brokerages is credited to an internal receivable balance and disbursed by Dealegator via Zelle or another method Dealegator designates. Registering a valid payout method (for example, a Zelle-enrolled email address or phone number) is a condition to receiving payment. Dealegator is not responsible for delays or failures caused by inaccurate payout information or by the payment networks or financial institutions involved.
8.7. Platform balance. Dealegator may maintain a platform balance for Dealmakers reflecting prepaid surpluses, refunds credited as balance, and manual credits. The platform balance is consumed first when a new charge is made. The platform balance represents a credit toward future charges only, is not a deposit account, bears no interest, and is not redeemable for cash except through the refund process in Section 9.
8.8. Chargebacks. If you initiate a chargeback or payment dispute that Dealegator determines to be improper, Dealegator may suspend your account, recover the disputed amount and associated fees, and pursue any other remedy available at law. You agree to review your charges and to notify Dealegator of any billing error or dispute within sixty (60) days after the charge appears; to the fullest extent permitted by law, you waive any billing dispute not raised within that period.
8.9. Binding compensation obligations. The compensation for a Work Order is fixed at the time the Work Order is created and may not be adjusted afterward, and is binding on the parties as follows. (a) Standard Showing. The Dealmaker is obligated to compensate the Field Agent in the exact amount offered when the Work Order was created for each Visit that is completed or that is treated as a no-show under Section 9.2; because Standard Showings are prepaid under Section 8.1, the Dealmaker may not withhold, reduce, offset, or reclaim that compensation after the Visit. (b) Rental – Co-Brokerage. Where a Rental – Co-Brokerage engagement results in a closing under Section 8.2, the Dealmaker is obligated to honor the agreed commission split and authorizes its calculation and distribution through the Services, and the Dealmaker may not bypass the Services or withhold the Field Agent’s or Brokerage’s agreed share after the deal closes. (c) Full and final compensation. The Field Agent agrees that the compensation established when the Work Order was created — the per-Visit amount for a Standard Showing, or the agreed commission for a Rental – Co-Brokerage closing — is full and complete compensation for that Work Order, and waives any claim for compensation beyond that amount, consistent with Section 7.8.
8.10. Agreement to automatic distribution (Paid Tours). Each Dealmaker, Field Agent, and Brokerage agrees that compensation for Standard Showings (also referred to as Paid Tours) will be automatically calculated and distributed through the Services according to the agreed split — including the Field Agent’s per-Visit amount and the per-Visit Brokerage flat fee described in Section 8.4 — and that this automatic distribution, once made, satisfies the corresponding compensation obligation. This agreement, together with the authorization in Section 8.4, is a condition of participating in the Services and is binding on the Dealmaker, the Field Agent, and the Brokerage.
8.11. Payout schedule. Compensation for Standard Showings (Paid Tours) is disbursed on a weekly basis, currently each Friday, via Zelle, to Brokerages and Field Agents according to their agreed split, as described in Sections 8.4 and 8.6. Compensation for a Rental – Co-Brokerage engagement is not paid on this weekly schedule; instead, it is disbursed through the ordinary real estate closing and disbursement process, which may involve escrow or earnest-money handling, once the transaction closes and is verified. Dealegator may change the payout schedule prospectively.
9. Cancellations, No-Shows, and Refunds
9.1. Lead cancellation. If a Lead cancels a Visit with at least one (1) hour of advance notice, the reserved amount for that Visit is not consumed and the Dealmaker may be eligible for a refund of that amount to the platform balance or, through support, to the original payment method, as described in Section 9.4.
9.2. No-shows and late cancellations. If a Lead fails to appear, or cancels with less than one (1) hour of advance notice, the Visit is treated as a no-show: the Field Agent is compensated for the Visit and the Dealmaker is not entitled to a refund for that Visit.
9.3. Field Agent cancellation; no agent available. If a Field Agent cancels, Dealegator may attempt to assign a replacement. If no eligible Field Agent accepts a Visit, the matter may be escalated for manual handling. A refund is issued only where Dealegator determines that the service can no longer be provided, and refunds are not automatic.
9.4. Refund handling. All refunds are governed by Dealegator’s refund practices, are processed by Dealegator (not automatically) in the circumstances described in these Terms, and may be issued to the Dealmaker’s platform balance or, at the Dealmaker’s request and where applicable, returned to the original payment method through the payment processor. Amounts returned to a payment card never exceed the amount actually charged to that card. Except as expressly stated, platform service fees are non-refundable.
9.5. Property withdrawn or under contract. If a property is placed under contract or withdrawn, pending Visits are canceled, affected Users are notified, and the Dealmaker chooses whether any refundable amounts are credited to the platform balance or returned to the payment card as described above.
10. User Content; Property Photos; Intellectual Property
10.1. License to Dealegator. You retain ownership of your User Content. You grant Dealegator a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify (for formatting and display), publicly display, distribute, and otherwise use your User Content for the purposes of operating, providing, marketing, and improving the Services, including displaying property photographs and descriptions to Leads and other Users. This license continues for as long as necessary to provide the Services and to maintain records.
10.2. Your representations regarding User Content. You represent, warrant, and covenant that: (a) you own or have obtained all rights, licenses, consents, and permissions necessary to submit your User Content and to grant the license in Section 10.1; (b) your User Content, and Dealegator’s use of it as permitted here, does not and will not infringe, misappropriate, or violate any copyright, trademark, publicity, privacy, contractual, or other right of any third party; and (c) your User Content is accurate and not misleading.
10.3. MLS and third-party photographs. You acknowledge that photographs, listing data, and other materials obtained from a multiple listing service (MLS), photographer, or other third party may be owned by the MLS or a third party and may be subject to license restrictions. You represent and warrant that you have secured all rights and permissions necessary to upload such materials to the Services and to authorize Dealegator to copy, distribute, and display them as described in these Terms, and you agree that you are solely responsible for obtaining such rights. You will not upload MLS or third-party photographs or content without authorization. You further acknowledge that each MLS holds a copyright and other proprietary rights in its MLS database and content, and you agree to respect those rights. As between Dealegator and third parties, Dealegator does not assert ownership of, and grants no rights in, the underlying images of or descriptions in any real estate listing.
10.4. Dealegator intellectual property. The Services, including all software, text, graphics, logos, the Dealegator name and marks, designs, and the selection and arrangement thereof, are owned by Dealegator or its licensors and are protected by intellectual property laws. Subject to these Terms, Dealegator grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Services, except as permitted by law.
10.5. Feedback. If you provide suggestions or feedback about the Services, you grant Dealegator a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.
10.6. Removal of User Content. Dealegator may, at any time and in its sole discretion, review, refuse, remove, disable access to, or modify (for formatting or display) any User Content, without notice and without liability, including User Content that Dealegator believes violates these Terms or any third-party right. Dealegator is not obligated to store or maintain any User Content, and you are responsible for retaining your own copies.
11. Copyright Policy (DMCA)
11.1. Dealegator respects intellectual property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe that content on the Services infringes your copyright, you may submit a written notice to our designated agent that includes the information required by 17 U.S.C. § 512(c)(3), including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
11.2. Notices should be sent to Dealegator’s designated agent at support@dealegator.com or 515 North Flagler Drive, Suite 350, West Palm Beach, FL 33401. Dealegator may remove or disable access to allegedly infringing content, may provide counter-notice procedures consistent with 17 U.S.C. § 512(g), and may terminate, in appropriate circumstances, the accounts of Users who are repeat infringers. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.
12. Acceptable Use; Prohibited Conduct
12.1. You agree that you will not, and will not permit any third party to:
12.1.1. use the Services in violation of any applicable law, regulation, real estate rule, or fair housing law, or for any fraudulent, deceptive, harassing, threatening, or unlawful purpose;
12.1.2. show, offer, or perform real estate services without a valid, active Florida real estate license, or misrepresent your license, identity, affiliation, or qualifications;
12.1.3. circumvent, disable, or interfere with the Services’ assignment, scheduling, payment, or security features, or attempt to divert Visits, payments, or Leads off-platform to avoid fees;
12.1.4. upload content that is infringing, defamatory, obscene, discriminatory, or that you lack the right to submit, including unauthorized MLS or third-party photographs;
12.1.5. misuse property access instructions, enter a property without authorization, or fail to secure a property;
12.1.6. harass, threaten, discriminate against, defraud, or harm any other User, Lead, or third party, or engage in any violent, abusive, or unlawful conduct during any in-person interaction;
12.1.7. collect or harvest information about other Users or Leads except as necessary to perform Visits, or use such information for any purpose other than the Services;
12.1.8. introduce malware, scrape, use bots, reverse engineer, or otherwise interfere with or gain unauthorized access to the Services or their systems;
12.1.9. impersonate any person or entity or provide false information; or
12.1.10. use the Services, or any data or content available through them, to build, train, or operate a competing product or service, or to solicit Users or Leads away from the Services.
12.2. Enforcement. Dealegator may investigate suspected violations and may remove content, restrict features, suspend, deactivate, or terminate accounts, and report conduct to law enforcement or regulators, in its sole discretion, as described in Section 22. Dealegator is not obligated to monitor the Services but may do so.
12.3. Recovery of losses; abuse fees. If your act or omission causes Dealegator or a Brokerage to incur any loss, cost, fine, or liability (including property damage, cleaning, chargeback, or investigation costs), or if you misuse the Services, you authorize Dealegator to charge your payment method for, or otherwise recover from you, the reasonable amount of such loss or cost, or a reasonable abuse fee, in addition to any other remedy available. This Section 12.3 does not limit Dealegator’s rights under Section 19 (Indemnification).
13. Assumption of Risk; In-Person Interactions and Safety
13.1. In-person interactions. The Services facilitate in-person meetings among Field Agents, Dealmakers, Leads, and other persons who may be strangers to one another, at properties that Dealegator does not own, control, or inspect. You understand and acknowledge that such in-person interactions carry inherent risks, including the risk of bodily injury, death, property damage, theft, assault, and other criminal or wrongful acts by other persons. You also acknowledge and assume the risks of traveling to and from properties, including motor-vehicle collisions, traffic, and other transportation-related risks.
13.2. Assumption of risk. To the fullest extent permitted by law, you knowingly and voluntarily assume all risks arising from or related to your use of the Services and any in-person interaction, Visit, or property access, whether foreseeable or not, and whether arising from the conduct of a User, Lead, or any third party, or from the condition of any property.
13.3. No responsibility for user conduct or safety. Dealegator does not conduct criminal background checks on Leads, does not screen properties for safety, and does not supervise or control any in-person interaction. Dealegator is not responsible for, and expressly disclaims all liability arising from, the acts or omissions of any User, Lead, or third party, including any fight, conflict, crime, injury, harassment, or damage occurring before, during, or after any Visit.
13.4. Release. To the fullest extent permitted by law, you release and forever discharge Dealegator and the Brokerages, and their respective officers, directors, members, employees, and agents (collectively, the "Released Parties"), from any and all claims, demands, damages, losses, liabilities, and causes of action, known or unknown, arising out of or in any way related to any in-person interaction, Visit, property condition, or the conduct of any User, Lead, or third party. You waive the benefit of any law that would otherwise limit the scope of this release to claims known at the time. For purposes of this Section 13, “you” includes any Lead who accesses or uses the Services, as provided in Section 3.6. If any portion of this release or waiver is held unenforceable, it will be enforced to the greatest extent permitted by law, and the remaining portions will remain in full force and effect.
13.5. Safety practices. You agree to exercise reasonable care and good judgment, to comply with all applicable laws during any Visit, and to take appropriate precautions for your own safety and the safety of others. If you feel unsafe, you should not proceed with a Visit and should contact appropriate authorities.
13.6. Use good judgment; verify identity. Because Dealegator cannot guarantee the identity or conduct of any person, you should use common sense and take reasonable safety precautions in every interaction, including confirming that the person you meet matches the information provided, meeting during appropriate hours, and remaining aware of your surroundings. Dealegator’s safety-related features, guidance, or policies, if any, do not create any duty of Dealegator or any employment or agency relationship, and do not guarantee your safety.
14. Third-Party Services
14.1. The Services rely on and integrate with third-party services, including Stripe (payments), Twilio (SMS and text messaging), OneSignal (push notifications and transactional email), Firebase Cloud Messaging and the Apple Push Notification service (push-notification delivery), DigitalOcean (cloud hosting and storage), Sentry (application-error monitoring), Zelle and financial institutions (payouts), Google Maps Platform (mapping and geocoding), and Google Fonts and Bunny Fonts (web-font delivery). Your use of those features may be subject to the third parties’ own terms and privacy policies. Dealegator does not control and is not responsible for third-party services, and disclaims all liability arising from them. Links or integrations to third-party services do not constitute an endorsement.
15. Privacy
15.1. Your privacy is important to us. Our collection, use, retention, and disclosure of personal information in connection with the Services is described in the Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge the Privacy Policy.
15.2. In particular, you acknowledge that, as described in the Privacy Policy, Dealegator discloses certain information among Users to facilitate Visits (for example, a Field Agent’s name, photo, rating, and vehicle to a Lead, and a Lead’s contact information to an assigned Field Agent) and to Brokerages, as described in Privacy Policy Section 6 (How We Disclose Your Information), and that Dealegator processes precise geolocation as described in Privacy Policy Section 7 (Location Information).
16. Electronic Communications; SMS, Email, and Push Notifications
16.1. Consent to electronic communications. By using the Services, you consent to receive communications from Dealegator electronically, including by email, SMS/text message, in-application message, and push notification, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
16.2. Transactional and service messages. You agree that Dealegator and its providers may send you transactional and service messages relating to your account and Visits, including offers, confirmations, reminders, cancellations, and payout notices. Leads, who have no account, receive their communications by email and SMS.
16.3. Messaging terms; opt-out. Message and data rates may apply, and message frequency varies. Additional details about our text-messaging program, including the number from which messages are sent and how to obtain help, are available in our SMS messaging program disclosures at dealegator.com/sms. You represent that you are the subscriber or authorized user of any phone number you provide, and you consent to receive autodialed or automated text messages at that number. Where required by law, marketing messages are sent only with your prior express written consent, and consent to marketing messages is not a condition of using the Services. You may opt out of SMS at any time by replying STOP (or as otherwise instructed) and may opt out of marketing emails via the unsubscribe link; certain transactional messages are necessary to the Services. Further detail is provided in Privacy Policy Section 8 (Communications: SMS, Email, and Push Notifications).
17. Disclaimers of Warranties
17.1. "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DEALEGATOR AND THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
17.2. No warranty as to users, properties, or outcomes. DEALEGATOR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY VISIT WILL OCCUR OR RESULT IN A TRANSACTION; OR REGARDING THE CONDUCT, IDENTITY, OR QUALIFICATIONS OF ANY USER OR LEAD, THE CONDITION, LEGALITY, OR SAFETY OF ANY PROPERTY, OR THE ACCURACY OF ANY USER CONTENT OR LISTING. ANY RELIANCE ON THE SERVICES IS AT YOUR OWN RISK.
17.3. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.
17.4. Location data. Location and mapping information provided through the Services is for general operational purposes only, may not be accurate or complete, and should not be relied upon in any situation where precise or reliable location information is required, including for personal safety. You are responsible for verifying property locations and access.
18. Limitation of Liability
18.1. Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEALEGATOR OR THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR COMMISSIONS, OR FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICES, ANY VISIT, ANY IN-PERSON INTERACTION, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DEALEGATOR AND THE RELEASED PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM SERVICE FEES ACTUALLY PAID BY YOU TO DEALEGATOR IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
18.3. Independent allocation of risk. THE LIMITATIONS IN THIS SECTION 18 AND THE DISCLAIMERS IN SECTION 17 REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES, ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN, AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.4. Jurisdictional limits. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In such cases, liability is limited to the fullest extent permitted by law.
18.5. Sole and exclusive remedy. If you are dissatisfied with the Services or believe Dealegator has failed in any respect, your sole and exclusive remedy is to stop using the Services, subject to the other provisions of these Terms.
19. Indemnification
19.1. Your indemnity. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Dealegator and the Brokerages, and each of their respective officers, directors, members, managers, shareholders, employees, contractors, agents, successors, and assigns (collectively, the "Indemnified Parties"), from and against any and all claims, demands, suits, proceedings, investigations, liabilities, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and litigation costs, arising out of or relating to: (a) your access to or use of the Services; (b) your User Content, including any claim that it infringes or misappropriates any third-party right or violates any MLS or licensing restriction; (c) your breach or alleged breach of these Terms or any representation, warranty, or covenant herein; (d) your violation of any law or regulation, including real estate licensing and fair housing laws; (e) any Visit, showing, in-person interaction, or property access involving you, including any bodily injury, death, property damage, or criminal or wrongful act; (f) any transaction, lease, or agreement between you and any other User, Lead, or third party; (g) any dispute regarding compensation, commissions, fees, or taxes; and (h) your negligence or willful misconduct. To the fullest extent permitted by law, this indemnity applies even where the claim is alleged to have arisen, in whole or in part, from the negligence of an Indemnified Party, except to the extent a loss is finally determined by a court to have resulted from that Indemnified Party’s own gross negligence or willful misconduct. Without limiting the foregoing, your indemnity applies to claims arising from travel to or from any property, including motor-vehicle accidents, and from theft of or damage to any property or its contents. For purposes of this Section 19, “you” includes any Lead who accesses or uses the Services, as provided in Section 3.6.
19.2. Procedure. Dealegator may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with Dealegator’s defense. You will not settle any matter that imposes any obligation on, or requires any admission by, an Indemnified Party without that party’s prior written consent. This indemnity is in addition to, and does not limit, any other remedy available to the Indemnified Parties, and survives termination of these Terms.
19.3. Indemnity in favor of Brokerages. The Brokerages are intended third-party beneficiaries of this Section 19 and of the release in Section 13.4 and the disclaimers and limitations in Sections 17 and 18, and may enforce those provisions directly.
20. Dispute Resolution
20.1. PLEASE READ THIS SECTION 20 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING HOW AND WHERE DISPUTES ARE RESOLVED, A WAIVER OF JURY TRIAL, AND A WAIVER OF CLASS ACTIONS.
20.2. Informal resolution. Before filing suit, you agree to first contact us at support@dealegator.com and provide a written description of the dispute and the relief sought, and to attempt in good faith to resolve the dispute informally for at least thirty (30) days.
20.3. Exclusive jurisdiction and venue. Except for any claim that must be heard in another forum by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) that is not resolved informally will be brought and litigated exclusively in the state or federal courts located in Palm Beach County, Florida. You and Dealegator each consent to the personal jurisdiction of, and exclusive venue in, those courts, and waive any objection based on inconvenient forum.
20.4. Waiver of jury trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DEALEGATOR EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE.
20.5. Class-action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DEALEGATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, no court may consolidate more than one person’s claims or preside over any form of class or representative proceeding.
20.6. Injunctive relief; small claims. Nothing in this Section 20 limits either party’s right to (a) seek injunctive or other equitable relief in the courts identified above to protect its intellectual property or confidential information, or (b) bring an individual claim in a small claims court of competent jurisdiction.
20.7. Governing law. These Terms and any Dispute are governed by the laws of the State of Florida as provided in Section 21 (Governing Law and Venue).
20.8. Severability. If the class-action waiver in Section 20.5, or any other provision of this Section 20, is held unenforceable as to a particular claim or type of relief, that provision will be severed and the remaining provisions of this Section 20 will remain in full force and effect.
20.9. Persons bound. This Section 20 is binding upon, and includes any Dispute brought by or against, a party’s related persons whose claims arise out of or relate to the Services, including a party’s spouse, heirs, successors, assigns, and any third-party beneficiary.
21. Governing Law and Venue
21.1. These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. As provided in Section 20 (Dispute Resolution), the exclusive venue for any Dispute is the state and federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts.
22. Term; Termination; Suspension
22.1. Term. These Terms apply from your first use of the Services and continue until terminated.
22.2. Termination and suspension by Dealegator. Dealegator may, in its sole discretion and with or without notice, suspend, deactivate, restrict, block, or terminate your account or access to the Services, in whole or in part, for any reason, including a violation of these Terms, a lapse of license, non-payment, suspected fraud or illegality, risk to any person or to the Services, or as required by law. Dealegator may also modify, suspend, or discontinue the Services at any time.
22.3. Effect of termination. Upon termination, your right to use the Services ceases. Termination does not relieve you of obligations that accrued before termination, including payment obligations, and does not affect any pending settlement of amounts owed. Any provision that by its nature should survive termination will survive, including Sections 6, 8 through 13, and 17 through 24.
22.4. Termination by you. You may stop using the Services and request account closure at any time by contacting us, subject to the completion of any pending Visits, payments, or obligations.
23. Changes to the Services or These Terms
23.1. Dealegator may modify these Terms at any time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new "Last Updated" date, by in-application notice, or by email. Changes are effective when posted or on the date stated in the notice. Your continued use of the Services after the effective date constitutes acceptance. You are responsible for reviewing these Terms periodically, and, to the fullest extent permitted by law, you waive any right to receive specific notice of changes beyond the notice described in this Section 23. If you do not agree to the changes, you must stop using the Services. We may also change, suspend, or discontinue any aspect of the Services at any time, including fees and features, on a prospective basis.
24. General Provisions
24.1. Entire agreement. These Terms, together with the Privacy Policy and any documents incorporated by reference, constitute the entire agreement between you and Dealegator regarding the Services and supersede all prior agreements and understandings on the subject.
24.2. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
24.3. No waiver. No failure or delay by Dealegator in exercising any right is a waiver, and no waiver is effective unless in writing.
24.4. Assignment. You may not assign or transfer these Terms or any rights or obligations without Dealegator’s prior written consent. Dealegator may freely assign these Terms. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
24.5. Third-party beneficiaries. Except for the Released Parties and Indemnified Parties (including the Brokerages) with respect to the provisions that benefit them, these Terms do not create any third-party beneficiary rights.
24.6. Force majeure. Dealegator is not liable for any delay or failure to perform, or any interruption, suspension, or unavailability of the Services, resulting from causes beyond its reasonable control, including acts of God; fire, flood, earthquake, hurricane, tornado, or other severe weather; epidemics, pandemics, public-health emergencies, quarantines, or government-ordered closures; war, invasion, terrorism, civil unrest, or riot; strikes, lockouts, or other labor disputes; shortages of labor, materials, or transportation; failures, interruptions, or degradation of electricity, internet, telecommunications, cloud-hosting, payment, mapping, or other utilities or third-party services or networks; cyberattacks, denial-of-service attacks, or other malicious acts; embargoes or sanctions; and any act, order, law, regulation, or other action of any governmental or regulatory authority. During any such event, Dealegator’s affected obligations are suspended for the duration of the event, and Dealegator may suspend, limit, or modify the Services as reasonably necessary and without liability.
24.7. Relationship. The parties are independent contractors, as described in Section 6, and nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
24.8. Notices. Dealegator may provide notices to you by email, in-application message, or posting within the Services. You may provide notices to Dealegator at the contact information in Section 25.
24.9. Interpretation. Headings are for convenience only. "Including" means "including without limitation." Section references are to sections of these Terms unless otherwise stated.
24.10. Survival. Provisions that by their nature should survive termination will survive.
24.11. Limitations period. To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be commenced within one (1) year after the claim or cause of action accrues; otherwise, it is permanently barred. This Section 24.11 does not apply where prohibited by law and does not extend any limitations period that would otherwise be shorter.
25. Contact Information
25.1. Questions about these Terms may be directed to:
25.1.1. Dealegator, Inc., 515 North Flagler Drive, Suite 350, West Palm Beach, FL 33401;
25.1.2. Email: support@dealegator.com.
25.2. For privacy inquiries, see the Privacy Policy, Section 20 (Contact Us).