Note: This is template content for development purposes. All terms should be reviewed and customized by legal counsel before launch.
1. Acceptance of Terms
By accessing or using bartr Technologies Inc. ("bartr," "we," "us," or "our") website, mobile application, or any other services we provide (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.
These Terms constitute a legally binding agreement between you and bartr. By using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.
2. Description of Services
bartr provides a technology platform that connects homeowners and buyers to facilitate real estate transactions. Our Services include, but are not limited to:
- Property listing and discovery tools
- Home valuation estimates (bartr Pulse)
- Direct communication between buyers and sellers
- Transaction coordination and document management
- Pre-market property listings
- AI-powered property matching and recommendations
bartr is a technology platform and does not provide real estate brokerage services unless explicitly stated and licensed in your jurisdiction. We do not guarantee the accuracy of property valuations or the completion of any transaction.
3. User Accounts
3.1 Account Creation
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify bartr of any unauthorized use of your account or any other breach of security.
3.3 Account Types
bartr offers different account types for homeowners and buyers. You agree to use your account only for its intended purpose and to comply with any additional terms specific to your account type.
4. Property Listings
4.1 Listing Accuracy
If you list a property on bartr, you represent and warrant that you have the legal right to sell or otherwise transfer the property, and that all information provided is accurate and complete to the best of your knowledge.
4.2 Listing Content
You are solely responsible for all content you post, including photos, descriptions, and pricing information. You grant bartr a non-exclusive, worldwide, royalty-free license to use, display, and distribute your listing content in connection with our Services.
4.3 Fair Housing
All listings must comply with applicable fair housing laws. You may not discriminate based on race, color, religion, national origin, sex, familial status, disability, or any other protected class.
5. Prohibited Conduct
You agree not to:
- Provide false or misleading information
- Use the Services for any illegal purpose or in violation of any laws
- Harass, threaten, or intimidate other users or bartr personnel
- Attempt to gain unauthorized access to our systems or other users' accounts
- Scrape, crawl, or use automated means to access the Services without permission
- Interfere with or disrupt the integrity or performance of the Services
- Post content that is defamatory, obscene, or infringes on third-party rights
- Circumvent, disable, or otherwise interfere with security-related features
- Use the Services to send spam or unsolicited commercial communications
6. Intellectual Property
6.1 bartr Property
The Services, including all content, features, and functionality, are owned by bartr and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
6.2 Trademarks
"bartr," the bartr logo, "bartr Pulse," and other bartr marks are trademarks of bartr Technologies Inc. You may not use these marks without our prior written consent.
6.3 User Content
You retain ownership of any content you submit to the Services. However, by submitting content, you grant bartr the licenses described in Section 4.2.
7. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
bartr does not warrant that the Services will be uninterrupted, error-free, or secure. Property valuations provided through bartr Pulse are estimates only and should not be relied upon as accurate market values.
bartr is not responsible for the conduct of any user or third party. Any transaction you enter into with another user is solely between you and that user.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARTR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL BARTR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO BARTR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
9. Indemnification
You agree to indemnify, defend, and hold harmless bartr and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Services
- Your violation of any third-party rights
- Any content you submit to the Services
- Any real estate transaction you enter into through the Services
10. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
You may terminate your account at any time by contacting us. Upon termination, certain provisions of these Terms will survive, including Sections 6, 7, 8, 9, and 11.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
11.2 Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware.
11.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between bartr and you individually. You waive any right to participate in any class action or class-wide arbitration.
12. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. Your continued use of the Services after the effective date constitutes your acceptance of the modified Terms.
We encourage you to review these Terms periodically for any changes. The "Last Updated" date at the top of this page indicates when these Terms were last revised.
13. Contact Information
If you have any questions about these Terms, please contact us at:
bartr Technologies Inc.
123 Main Street, Suite 400
San Francisco, CA 94105
Email: legal@bartrhomes.com