HomeSway Terms & Conditions

1. Who We Are and What We Do

HomeSway is a real estate technology platform that helps Sellers experiment with their potential listing strategy and connect with licensed real estate professionals who may be interested in those terms. The Service provides tools for estimating fair market value, adjusting commission structures, visualizing potential net proceeds, and matching Sellers and Agents based on submitted preferences.

HomeSway is not a real estate broker, law firm, or financial advisor. We do not:

• Represent either party as a broker, agent, or fiduciary.
• Provide legal, tax, or financial advice.
• Draft, interpret, or approve listing agreements or purchase contracts.
• Guarantee that any property will list or sell, or that any Agent or Seller is suitable for your needs.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate, complete, and kept up to date.

Agents are responsible for ensuring they hold all licenses required by applicable law (for example, a valid California Department of Real Estate license) and for complying with their brokerage policies, MLS rules, and all real estate regulations.

3. Accounts and Security

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete registration information.
• Maintain the security and confidentiality of your login credentials.
• Promptly update your information if it changes, including license status and contact details.

You are responsible for all activity that occurs under your account. If you suspect unauthorized access, you must notify us promptly at support@homesway.com.

4. Seller Responsibilities

This section applies when you use HomeSway as a Seller.

• You will provide accurate and truthful information about your property, including address, characteristics, and known issues or required disclosures.
• You understand that any estimated fair market value, days-on-market prediction, or projected net proceeds are estimates only, based on third-party data and internal models, and are not guarantees.
• You are solely responsible for reviewing any listing agreement or contract and deciding whether to work with any particular Agent.
• You will comply with all applicable laws, including fair housing and anti-discrimination laws, when using the Service and when interacting with Agents.
• You may choose to decline, rematch, or stop using the Service at any time, but any agreements you have already signed with an Agent or brokerage remain in effect according to their terms.

5. Agent Responsibilities

This section applies when you use HomeSway as an Agent.

• You will provide accurate and truthful information about your identity, license number, brokerage, service areas, and track record.
• You represent that you are properly licensed and in good standing with your governing real estate authority and that you will promptly update your profile if your status changes.
• You are responsible for complying with all applicable laws, regulations, codes of ethics, brokerage policies, MLS rules, and advertising guidelines.
• All representation, commissions, and listing agreement terms are negotiated directly between you (and your brokerage) and the Seller. HomeSway is not a party to those agreements.
• You will not use HomeSway to solicit, spam, or harass Sellers, or to circumvent any contractual obligations you may have to your brokerage or MLS.

6. Our Role in Seller–Agent Interactions

HomeSway facilitates introductions between Sellers and Agents and provides tools to help both sides evaluate potential listing scenarios. HomeSway does not:

• Act as a broker, agent, or fiduciary for any party in any transaction.
• Create, review, or approve listing agreements, purchase agreements, or other transactional documents.
• Set, negotiate, or enforce commission terms or other contractual terms between Sellers, Agents, or brokerages.

Any engagement between a Seller and an Agent, including all listing agreements and compensation arrangements, is solely between those parties and, where applicable, the Agent's brokerage.

7. Subscriptions, Fees, and Billing

Certain features of the Service are offered on a paid subscription basis. Subscriptions may be available to Agents, Sellers, or both, depending on the feature. Pricing, billing intervals (for example, monthly or annually), and included features will be disclosed to you at the time you subscribe.

Automatic Renewal. All subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. By starting a subscription, you authorize HomeSway to charge your selected payment method on a recurring basis until you cancel.

Cancellation. You may cancel your subscription at any time through your account settings or other methods described in the Service. Cancellation will take effect at the end of the current billing period, and you will continue to have access to paid features until that time.

No Refunds. Subscription fees are non-refundable and there are no refunds or credits for partially used billing periods, unused features, or unused time, except where required by applicable law.

Price Changes. HomeSway may change subscription fees or introduce new subscription plans from time to time. Any changes will be communicated in advance and will take effect at the start of the next billing period following notice.

Payments are processed by third-party payment processors. HomeSway does not store full payment card details and is not responsible for errors, outages, or failures caused by payment processors.

8. User Content and License

You may provide content to the Service, including profile information, property details, photos, videos, text descriptions, and other materials ("User Content"). You retain ownership of your User Content, but you grant HomeSway a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, display, and otherwise process your User Content as reasonably necessary to operate, maintain, and improve the Service.

You represent and warrant that:

• You have all rights necessary to upload and share the content.
• Your User Content does not infringe, misappropriate, or violate any third-party rights, including privacy and intellectual property rights.
• Your User Content complies with these Terms and with all applicable laws and regulations.

9. Acceptable Use

You agree that you will not:

• Use the Service for any unlawful, misleading, fraudulent, or harmful purpose.
• Scrape, crawl, or attempt to extract data from the Service using automated means, except as expressly permitted via documented APIs.
• Interfere with or disrupt the integrity or performance of the Service or attempt to bypass any security or access controls.
• Upload viruses, malware, or other harmful code or use the Service to send spam or unsolicited communications.
• Misrepresent your identity, license status, or affiliation with any person or entity.

10. Third-Party Services and Data

The Service may integrate with or rely on third-party services and data sources, such as:

• Property data and valuation providers (e.g., AVM/ATTOM-style data).
• Authentication, database, and storage providers (e.g., Supabase).
• Hosting, deployment, and analytics platforms (e.g., Vercel).
• Email, notifications, and customer support tools.

The Service may also utilize ZIP code reference data. ZIP data © SimpleMaps.

HomeSway does not control and is not responsible for the content, accuracy, or availability of third-party services or data, or for any terms or policies applicable to those services. Your use of third-party services is at your own risk and may be subject to additional terms and privacy policies.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HOMESWAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not guarantee and expressly disclaim any responsibility for: (a) the accuracy or completeness of any valuation, days-on-market prediction, or other analytics; (b) the conduct or suitability of any Seller or Agent; (c) the success, timing, or outcome of any real estate transaction; or (d) the Service being uninterrupted, secure, or error-free.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOMESWAY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTly, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH:

• Your use of or inability to use the Service;
• Any conduct or content of other users or third parties, including Sellers and Agents;
• Any content obtained from the Service or reliance on any analytics, estimates, or recommendations; or
• Unauthorized access, use, or alteration of your transmissions or content.

TO THE EXTENT ANY LIABILITY CANNOT BE EXCLUDED, HOMESWAY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

13. Indemnification

You agree to indemnify and hold harmless HomeSway and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your interactions, agreements, or disputes with any other user, including Sellers and Agents.

14. Changes to the Service and to These Terms

We may modify or discontinue all or part of the Service at any time, with or without notice, and we will not be liable to you or any third party for any modification, suspension, or discontinuation.

We may also update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. If a change is material, we may provide additional notice (for example, by email or by a prominent notice in the Service). Your continued use of the Service after the updated Terms become effective means you accept the changes.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, misused the Service, or created risk or possible legal exposure for us or for other users.

Upon termination, your right to use the Service will cease immediately. Certain provisions of these Terms, including ownership provisions, warranty disclaimers, limitations of liability, and indemnity obligations, will survive termination.

If your account is terminated, any active subscription will be cancelled at the end of the current billing period, unless termination is due to fraud, abuse, or misuse of the Service, in which case access may be revoked immediately without refund.

16. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them or the Service will be governed by the laws of the State of California, without regard to its conflict of law principles.

You agree that any disputes arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.

17. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between you and HomeSway regarding the Service and supersede any prior agreements or understandings.

18. Contact Us

If you have any questions about these Terms or about the Service, you can contact us at:

HomeSway LLC
Email: support@homesway.com