WHEREAS, Stellium Connection is the sole owner, developer, and operator of the mobile Property Real Estate Application (hereinafter referred to as the "Application"), a proprietary digital platform designed to facilitate communication between prospective tenants, buyers, and licensed real estate professionals;
WHEREAS, the User desires to access and utilize the Application for the purpose of browsing property listings, communicating with Property Agents, scheduling appointments, and engaging in property-related inquiries;
WHEREAS, the Property Agent desires to access and utilize the Application for the purpose of listing properties, communicating with Users, managing appointments, and marketing real estate services;
WHEREAS, Stellium Connection acts exclusively as a technology service provider and does not participate in, endorse, guarantee, or assume any liability for any real estate transaction, negotiation, or agreement between Users and Property Agents;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
This Mobile Application Agreement (hereinafter referred to as the "Agreement") is made and entered into as of the date of electronic acceptance by and among the following parties (collectively, the "Parties"):
1.1 "User" shall mean any individual, corporation, partnership, limited liability company, or other legal entity that registers for, accesses, or utilizes the Application for the purpose of browsing property listings, communicating with Property Agents, or engaging in any property-related activity.
1.2 "Property Agent" shall mean any duly licensed or registered real estate agent, broker, agency, or entity that maintains an active account on the Application for the purpose of listing properties, communicating with Users, or conducting real estate-related business.
1.3 "Stellium Connection" (also referred to as the "Company") shall mean the corporate entity that owns, operates, maintains, and administers the mobile Property Real Estate Application, including all associated software, servers, databases, and intellectual property.
2.1 The Application serves exclusively as a digital intermediary platform that enables Users and Property Agents to connect, communicate, exchange information, schedule viewing appointments, and discuss property-related matters through the digital infrastructure provided by Stellium Connection.
2.2 Stellium Connection operates strictly and solely as a technology service provider. Under no circumstances shall Stellium Connection be construed as, or deemed to act as, a real estate broker, agent, buyer, seller, landlord, tenant, escrow agent, financial advisor, or party to any property transaction of any nature whatsoever.
2.3 The Application does not provide legal, financial, investment, or real estate advisory services. Any information presented within the Application is for informational purposes only and shall not be construed as professional advice.
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
3.1 "Transaction" shall mean and include any property sale, purchase, lease, sublease, rental agreement, license, option to purchase, booking, reservation, financial exchange, deposit, escrow arrangement, or any other agreement or commitment entered into between a User and a Property Agent, whether in writing, oral, or implied.
3.2 "Communication" shall mean and include any message, electronic mail, telephone call, video call, in-application chat, meeting, appointment, negotiation, exchange of documents, disclosure of information, or any other form of interaction between a User and a Property Agent, whether conducted through the Application or through any external means.
3.3 "Subscription" shall mean the periodic fee-based arrangement through which Users or Property Agents obtain access to certain features, functionalities, or tiers of service within the Application.
3.4 "Content" shall mean any text, images, videos, documents, property listings, descriptions, photographs, floor plans, virtual tours, or any other material uploaded to, generated by, or displayed within the Application.
4.1 Any subscription plan offered by Stellium Connection is strictly and exclusively for the purpose of granting access to and usage of the Application features, tools, and functionalities as specified in the applicable plan description.
4.2 Subscription fees paid by Users or Property Agents constitute payment solely for Application usage rights and shall not, under any circumstances, be construed as:
4.3 The existence of a subscription relationship between a Party and Stellium Connection shall not create, and shall not be deemed to create, any partnership, agency, employment, joint venture, fiduciary, or any other special relationship between Stellium Connection and any User or Property Agent.
5.1 The Application may offer optional in-app purchases, including but not limited to premium features, advertising enhancements, featured listing placements, subscription upgrades, priority visibility, analytics tools, or additional digital services.
5.2 All in-app purchases are exclusively for digital Application features and functionalities. In-app purchases do not relate to, guarantee, facilitate, endorse, or form any part of any property Transaction between Users and Property Agents.
5.3 Payments for in-app purchases may be processed through third-party payment service providers or application store platforms. Stellium Connection shall not be held responsible for payment processing errors, platform fees, unauthorized charges, service disruptions, or any other issues arising from third-party payment processing.
5.4 Unless otherwise expressly required by applicable law or platform policy, all in-app purchases are final and non-refundable. Requests for refunds shall be evaluated on a case-by-case basis at the sole discretion of the Company.
6.1 Any Transaction, Communication, negotiation, agreement, commitment, representation, or dealing of any nature between a User and a Property Agent is conducted strictly and exclusively between those Parties. Stellium Connection is not a party to, and shall bear no responsibility for, any such Transaction or Communication.
6.2 Stellium Connection hereby expressly disclaims any and all liability, whether in contract, tort, strict liability, or otherwise, for:
7.1 User Responsibilities. The User shall: (a) conduct independent verification, inspection, and due diligence before entering into any Transaction; (b) seek independent legal, financial, and professional advice prior to executing any agreement; (c) verify the identity, credentials, and licensing status of any Property Agent; and (d) comply with all applicable laws, regulations, and ordinances.
7.2 Property Agent Responsibilities. The Property Agent shall: (a) ensure the accuracy, completeness, and truthfulness of all property listings and Content; (b) maintain all required licenses, permits, and registrations; (c) comply with all applicable real estate laws, regulations, fair housing requirements, and industry standards; and (d) respond to User inquiries and appointments in a timely and professional manner.
8.1 Users and Property Agents agree to protect and maintain the confidentiality of all personal, financial, and proprietary information shared during the course of Communications conducted through or facilitated by the Application.
8.2 Stellium Connection shall not be held responsible for any unauthorized disclosure, misuse, interception, or misappropriation of information exchanged between Users and Property Agents, whether through the Application or through external channels.
8.3 Stellium Connection shall process personal data in accordance with its Privacy Policy and applicable data protection legislation.
9.1 The User and Property Agent each agree to indemnify, defend, and hold harmless Stellium Connection, its directors, officers, employees, agents, contractors, successors, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, liabilities, damages, losses, judgments, settlements, costs, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to:
9.2 This indemnification obligation shall not apply to the extent that the claim arises from the willful misconduct or gross negligence of Stellium Connection.
10.1 Any disputes, claims, or controversies arising from or related to Transactions or Communications between Users and Property Agents shall be resolved solely and exclusively between the disputing Parties, without the involvement, participation, mediation, or arbitration of Stellium Connection.
10.2 Any disputes between a Party and Stellium Connection arising from or related to this Agreement shall first be submitted to good-faith negotiation. If the dispute is not resolved within thirty (30) calendar days, either Party may pursue resolution through binding arbitration or competent courts of jurisdiction, as determined by applicable law.
11.1 This Agreement shall become effective upon the date of registration, access, or first use of the Application by the User or Property Agent, and shall remain in full force and effect for so long as the respective Party maintains an active account on the Application.
11.2 Stellium Connection reserves the right to suspend or terminate any account at any time, with or without cause, and with or without prior notice, in its sole and absolute discretion.
11.3 The provisions of Sections 6, 8, 9, and 10 shall survive the termination or expiration of this Agreement.
12.1 Stellium Connection reserves the right to amend, modify, supplement, or replace this Agreement at any time and at its sole discretion. Notice of material changes shall be provided through the Application or via electronic communication.
12.2 Continued access to or use of the Application following the posting of any amendments shall constitute the Party's acceptance of and agreement to such revised terms.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the Parties.
This Agreement, together with the Privacy Policy and any applicable Subscription Terms, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
By registering for, accessing, or using the Application, each User and Property Agent hereby acknowledges and confirms that they have read this Agreement in its entirety, fully understand its terms and conditions, and voluntarily agree to be bound by the provisions set forth herein. Electronic acceptance through the Application shall have the same legal force and effect as a handwritten signature.
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