Realtyna / RealtyFeed® 

Terms & Conditions and Privacy Policy

1. Terms

Company: Realtyna Inc. and all its subsidiaries and affiliates.

RealtyFeed®: RealtyFeed® is a cloud platform 100% owned and operated by Realtyna Inc.

Under this agreement, Realtyna/RealtyFeed® may refer to itself as “us,” “we,” and “our.”

Client/Customer: Any person or business that subscribes to or purchases our products and services. 

User: Any person or business that downloads and uses our products and services directly or indirectly. In some cases, the clients of our clients need to subscribe to our system to interact with their respective agent/broker (our direct clients). In this case, these users will be considered our users/end users.

In any case, we establish that these services are provided (powered) by Realtyna, and our terms and conditions and privacy policy are always accessible throughout our applications. 

Privileged® Listing Header: Privileged® Listing Header is a publicly searchable part of Privileged® Listing. It includes the title, cover photo, and a description of the listing. 

Privileged® Listing Content: Privileged® Listing content is the listing information that is available upon the request and subsequent “Handshake” between the customers/clients. 

2. Agreement

Subscribing, Signing up, and/or using Realtyna/RealtyFeed® products and services in any way means you agree with the terms and conditions and privacy policy defined by us. You can terminate your agreement with us anytime via canceling, deleting and/or deactivating Realtyna/RealtyFeed® services and not using our products. You are bound by the terms and conditions as long as you keep using Realtyna/RealtyFeed® products and services. 

2.1. Updates

We might update our terms and conditions and other relevant policies from time to time. In this case, you will find the updated information in the Terms & Conditions and Privacy Policy sections. 

If you don’t agree with any new changes, feel free to deactivate your account. However, the new terms and conditions will apply if you don’t deactivate your account.

3. The Services We Provide

The mission of Realtyna/RealtyFeed® is to develop and provide technologically advanced products and services to the real estate industry at an affordable cost. In a nutshell, our core activities and goals can be defined as: Real Estate data aggregation and consolidation by working closely with MLS providers and Real Estate Associations, boosting privacy and data protection, providing relevant content through AI and Machine Learning, lead generation, providing quality applications for real estate professionals, etc.

4. User Obligations and Agreements

4.1 Information and Accounts

Our platform is safer and more accountable when people stand behind their opinions and actions. For this reason, you must

• Provide accurate and correct information;
• Avoid creating fake accounts;
• Avoid creating multiple accounts;
• Use a strong password to protect your account and data;
• Not transfer access to your account to anyone else (without our permission);
• Notify us if you see any harmful, untrustworthy, or unprofessional information. 
• If you think your account or content was restricted/removed unfairly, you can contact us and submit a case appeal.

4.2  Who can use Realtyna/RealtyFeed® products and services

Realtyna/RealtyFeed® provides a set of web plugins, mobile apps, and services for the real estate industry. Any real estate professional or members of the public can download and use our services.

Access to the services is prohibited if:

• You are under 13 years old (or the minimum legal age in your country to use our Services).
• We’ve previously disabled your account for violations of our terms or conditions.
• The person is legally prohibited from participating in real estate transactions and activities.

5. How RealtyFeed® RESO Web API App works

Realtyna is the official vendor of hundreds of MLS providers in the US/Canada. This means we are allowed to serve MLS data to MLS members’ websites and applications by following our vendors’ agreements with MLS providers. In addition, we have the necessary tools and services, allowing real estate agents/brokers and Real Estate Associations to add their listings on the RealtyFeed® database directly, which is mainly useful to Real Estate markets outside US/Canada. 

RealtyFeed® RESO Web API App allows subscribed agents/brokers to showcase their listings (including MLS listings) to potential clients. The app rebrands with the agent’s profile and contact information and loads only relevant data of that particular agent. 

In the case of MLS data, the normal MLS approval process is needed for activating access to that particular MLS data, meaning the agent needs to be a member of the MLS and appoint Realtyna as their vendor with the MLS.

In case you are using an existing RESO Web API access with your RealtyFeed® app, you need to have full authorization from your MLS provider for such use-case. Any claim from your MLS provider about usage of such access, you will be solely accountable and responsible.

End users (App users) can load the app based on their preferred agent, browse and search listings, bookmark listings, share them with others and contact their agent via phone or inquiry form. For some actions, such as contacting their agent or bookmarking listings, these end-users need to sign up/sign in.

6. Privileged® Listing 

6.1.What the Privileged® Listing Service Is

Privileged® is a registered trademark of Realtyna Inc.  Privileged® Listings have two different sections. One is header which is searchable and the other is content which is considered confidential information and protected by privacy/confidential data laws. A customer/client can decide what kind of information to include in the Privileged® Listing header and which fields and data to be in the content section. However, the minimum required fields for header are listing title, listing description and one cover photo. The Price, Address, Additional Photos and Documents can be decided by the listing owner.

Access to Privileged® Listings can be requested directly or anonymously or through a buyer agent to avoid discrimination of people based on race, ethnicity, national origin, religion, gender, and disability. This is called the Privileged® Buyer process. Once the access is shared and the “Handshake” happens, all participating parties will be able to view the full information about the Privileged® Listing and in case the request is made anonymously, the buyer’s information will also be available for the listing agent/responsible person. This is to comply with the fair housing policy laws and regulations.

6.2.Privileged® Listing Terms of Service

Privileged® Listing can be used as a robust lead generation tool following the Privacy Terms and Condition provided in this section. However, Clients/Customers should ensure that its use for this purpose does not violate any Privileged® Listings Terms and Conditions. Failure to do so will be deemed unauthorized and as a result  serious measures will be taken in the event of any such breach.

Privileged® Listing by definition is a non-public listing and must not be published anywhere else publicly. If we find that it is listed somewhere else publicly, then the Privileged® Listing status will be automatically suspended, the listing will be unpublished and a warning will be sent to the agent/responsible person. If such a case repeats three times we will suspend the agent’s/responsible person’s account. 

It is a violation of our terms and conditions of the Privileged® Listing if abused in the following unauthorized ways:

1.It is a fake listing

2.The listing is not available anymore (meaning that the listing agent/responsible person did not update the listing status within 48 hours set limit after it was sold/off market) and is used for lead generation purposes

3.The listing is published somewhere else

All of the points mentioned above are considered as an unauthorized lead generation strategy and are prohibited for use.

Customers/clients who receive access to any of the Privileged® Listings, should follow our terms and conditions. Such a customer/client is not allowed to share the listing information publicly or with unauthorized third parties. In such cases publishing confidential information will be treated based on the laws and regulations of Delaware State, US. 

To ensure the authenticity and accuracy of data after each privileged request and response, we send evaluation forms to all relevant parties. The response on these evaluations will be the basis for subsequent actions. 

If any of these rules are violated by the User/Client/Customer, Realtyna/RealtyFeed® is not liable for any damages. 

To help support our community, we encourage you to report content that you believe violates your rights or our terms and policies. You can also contact us at [email protected] 

6.3. Privileged® Listing Partnership

If Realtyna/RealtyFeed® has an exclusive partnership with an MLS from your area, to access Privileged® Listing Service, you need to contact an MLS that we have a partnership with. Privileged® Listing can be used for marketing by our customers/clients who use Privileged® Listing services. 

7. Clients’/Customers’ Obligations

7.1. In case of accessing MLS data, the Real Estate agent/broker must provide accurate information that will be communicated to the MLS provider for approval.

7.2. In the case of adding listings directly to the RealtyFeed® portal, you agree;

• To add information that you are legally permitted, 
• To provide accurate information, meaning the listings should be real (not fake), accurate details, pictures, pricing, and correct market status (active, pending, closed). 

7.3. Using the RealtyFeed® platform as a fake lead generation tool is prohibited and is considered a violation of our terms and conditions. 

We can remove or restrict access to content that violates these provisions.

Suppose we remove content you have shared violating our terms and conditions. In that case, we’ll let you know and explain any options you have to request a review. However, if you seriously or repeatedly violate these terms or if doing so exposes us or others to legal liability, harm our community of users, compromise or interfere with the integrity or operation of any of our services, systems, or products, where we are restricted due to technical limitations, or where we are prohibited from doing so for legal reasons, we will remove your content permanently.

To help support our community, we encourage you to email us at [email protected] if necessary.

8.Privacy Policy

8.1 Permissions you give us 

We need permission from you to provide our services:

• Permission to use the content you create and share. Some content you share or upload, such as photos or videos, may be protected by intellectual property laws. You own intellectual property rights (copyright or trademarks) in any such content you create and share on our platforms. Nothing in these Terms takes away your rights to your own content. You can freely share your content with anyone else, wherever you want. Privileged® Listing data is an exception.  Please find details in the Privileged® Listing section of Terms and Conditions and Privacy Policy.
• When you upload content covered by intellectual property rights or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This implies, for example, that if you share a photo on the app, you give us permission to store, copy, and share it with others, such as our support service providers you use. This license will end when your account is deleted from our systems. You can delete content individually or all at once by deleting your account. 

• Permission to update software you use or download.

If you download or use our software, you give us permission to download and install updates to the software where available.

• Permission to sign you up through Amazon AWS Cognito, which helps protect the information by Amazon Security Firewalls. 
• Permission to appoint Stripe Inc. as our payment processing partner, which requires sharing your payment data with them. We do not keep any record of your credit card information in our databases for security reasons.
• Permission to keep track of your device information, IP addresses, and login times to protect your account.
• Permission to set cookies on your browsers and use your local storage for storing information related to your own use of the system. This includes, but not limited to, language preferences, settings, visited profiles and listings, etc. 
• Permission to keep track of your activities in the application, including communications through the app (for example contacting a certain agent) to provide that information and history to your agents, keep track of your bookmark listings, searches, and view histories to return this information to you, and share with your agents (of course with your direct permission) anonymously to produce business intelligence to train our machine learning and AI tools. Ultimately, all this information will be used to deliver accurate and relevant information and data to you and all other users of the system.
  Please note that at this time, unless it is explicitly mentioned in this agreement, we do not share or sell your information with any other third parties without your permission. However, we may need to share your data and information when we believe it’s required by law or to help protect the rights and safety of you, us, or others. It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services or (5) exercise or protect the rights and safety of Realtyna and its users. We attempt to notify users about legal demands for their personal data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, at our discretion, that the requests are overbroad, vague, or lack proper authority, but we do not promise to challenge every demand. 
  
  • As we operate under and use services of Google Play Store and Apple Store, Google LLC and Apple Inc. services might have partial access to user interactions when relevant in order to provide better experiences for you. Some of these actions take place independently and outside the control of Realtyna Inc. 
  
  
  

  Third-Party Access – Crashlytics

  We are using a crash reporting tool, Crashlytics, offered by Google Inc. This tool helps our developers with sending information about crushes and malfunctions that the user experiences in our applications. Certain information that is necessary for improving the user experience is collected and transmitted to third parties such as Crashlytics when relevant. This information includes, but is not limited to:

  
  
  • Device IP address 
  • Device information: ID, model and type of the device, name and version of the operating system, settings and language of the device
  • Version and functionality of the application
  • Time of failure
  • Physical location of the device at the time of crush
  
  

  For more information, please access:

  https://firebase.google.com/terms/crashlytics/

9. Limits on using our intellectual property

Realtyna reserves all of its intellectual property rights in the Services, including: 

• Logos
• Trademarks
• Service Marks
• Graphics

10. Limits on liability

The Realtyna/RealtyFeed® RESO Web API will always adhere to internationally recognized data safety and accuracy standards. However, we do not promise that the information provided by our users will always be safe and accurate. 

Realtyna is not liable for any damages that may occur to you due to your registration on the Realtyna/RealtyFeed® RESO Web API to the fullest extent permitted by law. The Company’s maximum liability arising from or relating to this agreement is limited to the total amount of what client paid us in a time spent of one year maximum. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or any torts.

11. Indemnification

Our User/Client/Customer agrees to defend, indemnify, and hold harmless Realtyna/RealtyFeed® and each of their respective directors, employees, and other relevant parties from and against any and all third-party claims, demands, and liabilities, including reasonable attorneys fees that might arise out of User’s/Client’s/Customer’s failure to comply with Terms & Conditions and Privacy Policy and the US Laws and regulations.

12. Payment and Refunds

The pricing is subject to change. For detailed information please contact us at [email protected]

13. Account suspension or termination

Both Realtyna and the account holder may terminate this contract at any time without notice. You can terminate this contract by simply deactivating your accounts or canceling the purchase. By terminating your contract with us, you lose access to our Services.

Some of your information remains accessible to use after the termination of the agreement and can be disclosed by us. Such information includes but is not limited to:

• Your feedback
• Our rights to resolve the dispute according to the agreement.

14. Service Availability

Realtyna may change or suspend some of our services or modify the prices for our services. However, we will notify you if any changes occur. Remember that you can terminate your account if you don’t agree to the changes.

15. Disclaimer and Limit of Liability

15.1 No Warranty

Realtyna and its services can’t guarantee that the service will be error-free. Therefore, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, REALTYNA DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15.2 Exclusion of Liability

Realtyna is not in any way responsible in connection with this agreement for lost profits, loss of data, business opportunities, damage of reputation, or other INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

By agreeing to our Terms and Conditions you agree not to:

• Violate our terms and conditions 
• Violate the intellectual property rights of other users/clients/customers of ours: copyrights, patents, trademarks, other proprietary rights, trade secrets
• Violate intellectual property rights of Realtyna/RealtyFeed®
• Copy our services
• Disclose information you don’t have rights to disclose according to our terms and conditions
• Monitor or in any other way collect information about our services for competitive reasons
• Do anything that can harm services of Realtyna/RealtyFeed® (including but not limited to uploading malwares,harmful viruses, etc.)
• Hold Realtyna/RealtyFeed® responsible for any and all third-party claims, demands, and liabilities.

Date of Last Revision: 07.25.2022

English (US)

Contact us at [email protected]

OR

Via mailing at Realtyna® Inc., 200 Continental Drive, Suite 401, Newark, DE 19713 USA