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Terms of Service

AgentPik - A MindFortress, Inc. Service
Last Updated: January 6, 2025

1. Acceptance of Terms

By accessing or using AgentPik ("Service"), operated by MindFortress, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

These terms apply to all users of the Service, including homebuyers, home sellers ("Users"), and real estate agents ("Agents").

2. Description of Service

AgentPik is a platform that connects Users seeking real estate services with licensed real estate Agents. We facilitate introductions and allow Agents to submit competitive commission bids to Users.

AgentPik is not a real estate brokerage. We do not provide real estate services, represent buyers or sellers in transactions, or hold real estate licenses. All real estate services are provided by independent, licensed Agents.

Section A: Terms for Users (Homebuyers & Sellers)

3. User Eligibility

To use AgentPik as a User, you must be at least 18 years old and legally able to enter into contracts in your jurisdiction.

4. User Responsibilities

  • Provide accurate and truthful information about your real estate needs
  • Review Agent credentials and make your own informed decisions
  • Communicate directly with Agents regarding representation agreements
  • Understand that AgentPik does not guarantee any specific outcome

5. No Guarantee of Results

AgentPik does not guarantee that you will find an Agent, complete a transaction, or achieve any particular commission rate. We provide a platform for connection only.

6. Agent Selection

You are solely responsible for selecting and engaging with Agents. We recommend verifying Agent licenses through your state's real estate commission before signing any agreements.

Section B: Terms for Agents

7. Agent Eligibility

To use AgentPik as an Agent, you must:

  • Hold a valid, active real estate license in your state(s) of practice
  • Be in good standing with your state's real estate commission
  • Be authorized by your brokerage to participate in lead generation services
  • Provide accurate information about your credentials and experience

8. Agent Responsibilities

  • Maintain accurate and current profile information
  • Respond to leads in a timely and professional manner
  • Honor commission rates submitted through the platform
  • Comply with all applicable real estate laws and regulations
  • Maintain appropriate errors and omissions insurance

9. Referral Fees

AgentPik charges flat referral fees to Agents upon signing a representation agreement (buyer representation or listing agreement) with a User referred through the platform. Current fee schedules are available on the platform.

Fee Payment: Referral fees are due within 7 days of signing a representation agreement with a referred client. Fees are non-refundable, regardless of whether the transaction closes.

10. Commission Bids

When you submit a commission bid to a User, you agree to honor that rate if selected. Bids can be lowered but not increased after submission. Failure to honor submitted rates may result in account suspension.

11. License Verification

By joining AgentPik, you authorize us to verify your real estate license status with relevant state licensing authorities. We may display your license status on your profile.

Section C: General Terms (All Users)

12. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

13. Prohibited Conduct

You agree not to:

  • Provide false or misleading information
  • Impersonate another person or entity
  • Circumvent our referral fee structure
  • Use the Service for any unlawful purpose
  • Interfere with the operation of the Service
  • Scrape, harvest, or collect data from the Service
  • Send spam or unsolicited communications through the Service

14. Intellectual Property

All content, trademarks, and materials on AgentPik are owned by MindFortress, Inc. or its licensors. You may not use our intellectual property without written permission.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDFORTRESS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

17. Indemnification

You agree to indemnify and hold harmless MindFortress, Inc. from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

18. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California.

19. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

20. Modifications

We may modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms. Material changes will be communicated via email or notice on the platform.

21. Termination

We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Service ceases immediately.

22. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

Contact Us

MindFortress, Inc.
Email: legal@agentpik.com
Support: support@agentpik.com

These Terms of Service are effective as of January 6, 2025.