Terms of Service

1. Acceptance of Terms

By accessing or using the oNest Real Estate onboarding platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Platform.

These Terms constitute a legally binding agreement between you and oNest Real Estate ("Company," "we," "us," or "our"). By registering for an account, submitting forms, or using any features of our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Platform Description and Purpose

The oNest Real Estate Platform is a comprehensive onboarding and management system designed specifically for real estate professionals. Our Platform provides:

Core Services

• Agent Onboarding: Streamlined application and approval processes for real estate agents across multiple states
• Document Management: Automated generation and management of contractor agreements, commission agreements, and direct deposit forms
• Profile Management: Professional profile creation including headshots, biographies, and licensing information
• State-Specific Workflows: Customized onboarding processes for Virginia, Maryland, Massachusetts, Rhode Island, New Hampshire, Pennsylvania, Connecticut, and District of Columbia
• Administrative Tools: Management dashboards for oNest and Aethyra administrators
• Marketing Support: Tools for marketing team members to access agent profiles and create promotional materials
• IT Support Integration: JIRA-integrated support ticket system for technical assistance

User Roles

The Platform supports different user roles with specific permissions:

• Real Estate Agents: Submit applications, complete onboarding, manage profiles
• oNest Administrators: Review applications, approve agents, manage records
• Aethyra Administrators: System oversight, user management, data export
• Marketing Team: Access agent profiles, download marketing materials

3. User Eligibility and Registration

Eligibility Requirements

To use our Platform, you must:

• Be at least 18 years of age
• Hold a valid real estate license in one of our supported states (for agent accounts)
• Provide accurate and complete registration information
• Have the legal authority to enter into this agreement
• Not be prohibited from using our services under applicable law

Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security and confidentiality of your login credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Keep your contact and professional information up to date

4. Acceptable Use Policy

Permitted Uses

You may use our Platform to:

• Complete real estate agent onboarding processes
• Submit and manage required documentation
• Access training materials and resources
• Communicate with our support team
• Update your professional profile and information
• Perform administrative functions (if authorized)

Prohibited Activities

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or other user accounts
• Upload malicious code, viruses, or any harmful software
• Interfere with or disrupt the Platform's operation or security
• Use automated scripts or bots to access the Platform
• Share your account credentials with unauthorized persons
• Submit false, misleading, or fraudulent information
• Use the Platform to harass, threaten, or abuse other users
• Attempt to reverse engineer or decompile any part of the Platform
• Access or use data belonging to other users without permission

5. Data and Privacy

Information Collection

Our Platform collects and processes various types of information necessary for real estate onboarding:

• Personal identification information (name, address, SSN)
• Professional licensing information
• Banking and financial information for commission processing
• Professional photos and biographical content
• Form submissions and document uploads

Data Usage

We use your information to:

• Process your agent application and onboarding
• Generate required legal documents and agreements
• Facilitate commission payments and banking setup
• Provide customer support and technical assistance
• Maintain accurate business records
• Comply with real estate industry regulations

For detailed information about our data practices, please review our Privacy Policy.

6. Intellectual Property Rights

Platform Ownership

The Platform, including all software, design, content, and functionality, is owned by oNest Real Estate and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purposes.

User Content

You retain ownership of the content you submit to the Platform (photos, biographical information, etc.). However, by submitting content, you grant us a limited license to:

• Use, display, and distribute your content within the Platform
• Create marketing materials featuring your professional information
• Process and store your content for business operations
• Share your content with authorized team members as necessary

Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Use our trademarks or logos without written permission
• Remove or alter any copyright or proprietary notices
• Use the Platform to compete with our business

7. Payment Terms and Financial Obligations

Service Fees

Use of the oNest Real Estate Platform may be subject to fees as outlined in your agent agreement or administrative contract. All fees are non-refundable unless otherwise specified in writing.

Commission Processing

For agents using our commission processing services:

• Commission rates and structures are defined in your contractor agreement
• Direct deposit information must be accurate and current
• Processing may take 3-5 business days
• You are responsible for reporting income for tax purposes

Banking Information

By providing banking information, you warrant that:

• You are an authorized user of the provided account
• The information is accurate and current
• You will promptly update any changes to your banking details

8. Termination

Termination by User

You may terminate your account at any time by contacting our support team. Upon termination:

• Your access to the Platform will be discontinued
• Some data may be retained for legal compliance purposes
• Outstanding obligations remain in effect

Termination by Company

We may terminate or suspend your account immediately if:

• You violate these Terms of Service
• You provide false or misleading information
• Your real estate license expires or is revoked
• We determine termination is necessary for legal or business reasons

Effect of Termination

Upon termination:

• Your right to use the Platform ceases immediately
• Data retention is governed by our Privacy Policy
• Certain provisions of these Terms survive termination

9. Disclaimers and Limitations of Liability

Platform Availability

While we strive to maintain continuous service, the Platform is provided "AS IS" and "AS AVAILABLE." We do not guarantee:

• Uninterrupted or error-free operation
• Complete accuracy of all information
• Compatibility with all devices or browsers
• Availability during maintenance periods

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONEST REAL ESTATE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM USE OR INABILITY TO USE THE PLATFORM
• THIRD-PARTY ACTIONS OR OMISSIONS

10. Indemnification

You agree to indemnify, defend, and hold harmless oNest Real Estate, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Any false or misleading information you provide
• Your breach of applicable laws or regulations

11. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be resolved through:

1. Informal Resolution: Good faith negotiation for 30 days
2. Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association
3. Jurisdiction: Any court proceedings shall be in Fairfax County, Virginia

Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class, collective, or representative action.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on our Platform
• We will update the "Last Updated" date
• For material changes, we will provide additional notice via email
• Your continued use constitutes acceptance of the modified Terms

If you do not agree to modified Terms, you must discontinue use of the Platform.

13. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and oNest Real Estate regarding the Platform.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

Force Majeure

We will not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.