DRAFT — FOR ATTORNEY REVIEW. This document is a starting template and is not legal advice. Replace every [bracketed] item and have qualified counsel review before publishing. Last updated: [Month Day, Year].
1. Agreement
These Terms of Service (“Terms”) are a binding agreement between you and [Company Legal Name] (“ListingKit,” “we,” “us”) governing your use of listingkit.com, the ListingKit application and related services (the “Service”). By creating an account, starting a trial, or using the Service, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, Email & Anti-Spam Policy, Subscription & Billing Terms and Agent Data Processing Terms, which are incorporated by reference.
2. Who may use the Service
The Service is offered only in the United States to individuals at least 18 years old who are licensed real estate professionals (or their authorized staff) and who use the Service for business purposes. You represent that the license, brokerage and other professional information you provide is accurate and kept current. If you use the Service on behalf of a brokerage or team, you represent that you are authorized to bind it.
3. Your account
You are responsible for your login credentials and all activity under your account. Notify us promptly at [support email] of any unauthorized use. We may suspend accounts that appear compromised or that violate these Terms.
4. What the Service does — and doesn’t do
- Marketing tools, not legal or compliance advice. Features such as the Visibility Check, license and brokerage disclosures on generated materials, and Fair Housing guidance are conveniences based on information available to us. They are not legal advice, a compliance certification, or a substitute for your broker’s supervision or your own review. You remain solely responsible for your advertising, disclosures and compliance with real estate license law, MLS rules, Fair Housing laws and all other applicable laws.
- AI-generated content. Some content (e.g., listing descriptions, captions, email drafts, document imports) is generated using artificial intelligence and may be inaccurate or incomplete. You must review and approve all content before using or publishing it.
- Third-party data. Information from MLSs, Google and other sources is provided “as is.” MLS data is available only where you and your broker have authorized us under the applicable MLS data license, and its use is subject to that license.
- Not a broker. ListingKit is a software provider. We do not represent buyers or sellers, negotiate transactions, or receive or pay any referral fees or compensation related to real estate transactions.
5. Your content and data
You retain ownership of the content you upload or create, including listing information, photos, contacts and branding (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, display and transmit Your Content solely to provide, secure and improve the Service and as you direct (for example, publishing a property page or sending an email you approved). You represent that you have all rights and permissions needed for Your Content, including photo licenses, MLS data rights, and lawful bases and consents to contact the people in your contact lists. Our handling of personal information in Your Content is described in the Agent Data Processing Terms.
6. Photographer uploads and public pages
Private upload links, open house sign-in links, seller report links and property pages are accessible to anyone who has the link. You are responsible for sharing them appropriately and for turning them off when no longer needed. Photos uploaded through a photographer link remain private until you approve them.
7. Email you send through the Service
When you use Referral Keeper or other messaging features, you are the sender of those messages for purposes of the CAN-SPAM Act and similar laws. You must comply with our Email & Anti-Spam Policy. We include required unsubscribe mechanisms and your mailing address, and we honor opt-outs automatically. We may pause sending to protect deliverability or comply with law.
8. Subscriptions, trials and payments
Paid plans renew automatically until canceled. Pricing, trials, renewals, cancellations and refunds are governed by the Subscription & Billing Terms. Payments are processed by Stripe; we do not store full card numbers.
9. Acceptable use
You agree to follow our Acceptable Use Policy. We may remove content or suspend accounts that violate it.
10. Our intellectual property
The Service, including its software, templates, designs and trademarks, is owned by ListingKit and its licensors. We grant you a limited, revocable, non-transferable license to use the Service during your subscription. Materials you generate from our templates may be used for your real estate marketing; you may not resell or redistribute the templates themselves.
11. Feedback
If you send us ideas or feedback, we may use them without obligation to you.
12. Third-party services
The Service integrates with third parties (for example Stripe, email delivery providers, Google, AI model providers and MLS data platforms). Their services are governed by their own terms, and we are not responsible for them.
13. Suspension and termination
You may cancel at any time. We may suspend or terminate access for non-payment, violation of these Terms, risk to the Service or others, or as required by law. After termination, you may request an export of Your Content for [30] days, after which we may delete it as described in the Privacy Policy.
14. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY BUSINESS RESULTS, LEADS, REFERRALS, RANKINGS OR EMAIL DELIVERY.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LISTINGKIT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, COMMISSIONS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE [12] MONTHS BEFORE THE CLAIM. [Counsel: confirm enforceability and any state-specific carve-outs.]
16. Indemnification
You will defend and indemnify ListingKit against third-party claims arising from Your Content, your marketing and communications, your violation of law (including real estate advertising, Fair Housing, privacy and anti-spam laws), or your breach of these Terms.
17. Disputes
[Counsel to select: governing law (e.g., State of California), venue, and whether to include binding individual arbitration, a class-action waiver and an opt-out window. Include informal dispute resolution and small-claims carve-out if arbitration is used.]
18. Changes
We may update these Terms. For material changes we will notify you by email or in the app at least [15] days in advance. Continued use after the effective date means you accept the updated Terms.
19. Miscellaneous
These Terms are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Notices to us: [Company Legal Name], [Mailing Address], [legal email].