Equare User Agreement & Terms of Use

Last Updated: March 24, 2026

Welcome to Equare. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and EQUARE ("Company," "we," "us," or "our") regarding your access to and use of our platform, including our website, mobile applications, and associated real estate services (collectively, the "Service" or "Platform").

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease all use of the Service. We reserve the right to modify these Terms at any time. Material changes will be notified via the Platform or email. Your continued use following such updates constitutes acceptance of the revised Terms.

2. Nature of the Service

Equare is a Real Estate Technology (PropTech) and Advertising Platform.

• Not an MLS: Equare is NOT a Multiple Listing Service (MLS) and is not responsible for the syndication of data to third-party portals (e.g., Zillow, Realtor.com).
• Not a Brokerage: Equare does not act as a real estate broker or agent in any transaction. We do not represent buyers or sellers, and we do not participate in the negotiation of real estate contracts.
• Advertising Platform: The Service is an advertising venue for property owners and licensed real estate professionals to showcase property listings and associated seller incentives.
• No Professional Advice: Content on the Platform is for informational purposes only. EQUARE does not provide legal, financial, tax, or real estate brokerage advice.

3. Financial Disclaimers & "Savings Engine"

The Equare "Savings Engine" and all associated financial projections, including but not limited to 2-1 buydowns, permanent rate reductions, and closing cost credits, are provided for illustrative and educational purposes only.

• Not Financial Advice: Projections do not constitute an offer to lend or a guarantee of loan terms.
• Accuracy of Estimates: Interest rates, monthly payments, and lifetime savings are estimates based on user input and market data. Actual loan terms are determined solely by your lender.
• Independent Verification: Users are strongly encouraged to consult with a licensed loan professional, tax advisor, or accountant before making any financial decisions.
• Liability: Equare is not responsible for miscalculations, misunderstandings of incentives, or changes in market conditions that render projections inaccurate.

4. Eligibility and Account Access

4.1 Account Types

• Guest Users: May access limited property data. Guest inquiries are limited to three (3) per 24-hour period.
• Registered Users: Require a verified email to access the full Savings Engine and public documents.
• Professional Users (Agents/Loan Officers): Require "License Attestation." You must provide a valid DRE/NMLS number and state of licensure. Falsifying professional credentials will result in immediate termination of access.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach.

4.3 Lead Gating & "Conditional Friction"

Equare uses a "Conditional Friction" model. While direct ad traffic may have immediate access to specific listings, organic users must submit an inquiry to unlock detailed financial data and secure documents. You agree that submitting an inquiry constitutes "Express Written Consent" to be contacted by the Listing Representative or their partners.

5. Listing Content & Compliance

5.1 Responsibility & Accuracy

You are exclusively responsible for any text, photos, documents, or data you upload ("User Content"). Listing Agents and Sellers are solely responsible for the accuracy of advertised incentives and concessions.

• Verification: While Equare provides an "Owner Authorization Loop" for verification, we do not guarantee the availability of any advertised credit at the time of an offer.
• Compliance: Users must ensure that all advertised content complies with local, state, and federal laws, as well as Fair Housing regulations and professional ethics.

5.2 MLS Status

Users creating listings must accurately declare whether a property is on a local MLS. You certify that you are the listing agent of record or the property owner and are fully authorized to market the property and its associated incentives on Equare.

6. Property Document Vault

The Document Vault contains both public and secure files.

• Secure Access: Access to "Secure" documents (e.g., Inspections, Title Reports) is granted at the sole discretion of the Listing Representative.
• Usage: Documents downloaded from Equare are for the user’s personal or professional evaluation of a specific property and may not be redistributed without permission.

7. Intellectual Property Rights

• License to EQUARE: You grant EQUARE a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to host, display, and distribute your User Content in connection with the operation and promotion of the Service.
• Company IP: The Platform’s design, software, code, and proprietary algorithms are owned by EQUARE and protected by copyright and trademark laws. You may not scrape, reverse-engineer, or mirror the Platform without express written consent.

8. Prohibited Conduct

You agree not to:

• Use the Platform for any fraudulent or illegal purposes.
• Violate the Fair Housing Act or any similar anti-discrimination laws.
• Use automated scripts, bots, or scrapers to collect data from the Platform.
• Harass, threaten, or impersonate other users or EQUARE employees.
• Submit misleading "bait and switch" listings or fraudulent incentives.

9. Fair Housing Policy

EQUARE is committed to the letter and spirit of the United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

10. Privacy & Data Handling

• Buyer Privacy: If a buyer indicates they are "Represented," Equare will redact the buyer's direct contact information in notifications sent to the Listing Agent, prioritizing contact with the Buyer's Agent.
• Referral Tracking: Our system tracks referral codes to reward professional users. By using the Service, you consent to the use of cookies and tracking parameters for attribution purposes.

11. Fees & Subscriptions

Equare operates on a SaaS (Software as a Service) model.

• Marketing Suite: Access to AI Flyer Designers and Blast Tools may require a monthly or per-listing subscription.
• Cancellations: Subscriptions may be cancelled at any time; however, no refunds are provided for partial months.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY REAL ESTATE TRANSACTION RESULTING FROM THE USE OF THE SERVICE; OR (C) THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE. In no event shall our total aggregate liability exceed the greater of $100.00 USD or the total fees paid by you to EQUARE in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless EQUARE and its officers, directors, and employees from any claims, liabilities, or expenses (including attorney fees) arising from: (i) your breach of these Terms; (ii) your User Content; or (iii) your interaction with any other user of the Platform.

14. Dispute Resolution and Governing Law

• Governing Law: These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
• Jurisdiction: Any claim or dispute between you and Equare that arises from the Service shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California.
• Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in a class-action lawsuit.

15. Termination of Use

EQUARE may terminate or suspend your access to the Service at any time, with or without cause or notice, especially for falsifying professional credentials or breach of these Terms. Upon termination, your right to use the Service ceases immediately.

16. Contact Information