Brokerdesk Terms and Conditions

Effective Date: March 11, 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Simpler Software Applications Inc., operating as Brokerdesk ("Brokerdesk," "we," "us," or "our"), a corporation incorporated under the laws of Canada.

By creating an account, accessing, or using the Brokerdesk platform ("Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company, brokerage, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Overview of the Service

Brokerdesk is a software-as-a-service (SaaS) platform that provides customer relationship management, deal tracking, property and listing management, marketing, and related tools for real estate agents, teams, and brokerages. The Platform is provided on a subscription basis as described in Section 4.

2. Eligibility

To use Brokerdesk, you must be at least 18 years of age, capable of entering into a binding contract, and a resident of or operating a business in Canada or another jurisdiction where the use of the Platform is not prohibited by law.

3. Account Registration and Security

You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@brokerdesk.com if you become aware of any unauthorized access to your account.

We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.

4. Subscriptions, Billing, and Payment

4.1 Subscription Plans

Brokerdesk offers tiered subscription plans as described on our pricing page. Plan features, pricing, and per-seat billing details are subject to change with reasonable advance notice.

4.2 Billing

Subscription fees are billed in arrears on a recurring basis. The applicable rate is determined by your selected plan, and the amount billed is based on the number of active users during the billing period. All fees are quoted and payable in Canadian dollars unless otherwise specified.

4.3 Payment

Payment is processed through our third-party payment processor. By providing payment information, you authorize us to charge the applicable subscription fees to your designated payment method.

4.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for any sales tax, harmonized sales tax (HST), goods and services tax (GST), or other taxes applicable to your subscription.

4.5 Refunds

Because fees are billed in arrears based on actual usage, refunds are generally not applicable. If you believe you have been billed in error, please contact us at support@brokerdesk.com within thirty (30) days of the charge.

5. Acceptable Use

You agree to use Brokerdesk only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Platform in any way that violates applicable federal, provincial, or local law or regulation.
  • Upload, transmit, or store any content that is unlawful, defamatory, harassing, or otherwise objectionable.
  • Attempt to gain unauthorized access to any part of the Platform, other accounts, or any systems or networks connected to the Platform.
  • Use the Platform to send unsolicited commercial communications (spam) in violation of Canada's Anti-Spam Legislation (CASL) or other applicable laws.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
  • Use automated scripts, bots, or scrapers to access or interact with the Platform without our prior written consent.
  • Resell, sublicense, or redistribute access to the Platform unless explicitly authorized under a brokerage or team plan.

We reserve the right to suspend or terminate your account for any violation of this section.

6. User Data and Content

6.1 Ownership

You retain all ownership rights in the data and content you upload, input, or transmit through the Platform ("User Content"). Brokerdesk does not claim ownership of your User Content.

6.2 License to Brokerdesk

By using the Platform, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display your User Content solely for the purpose of operating and providing the Platform to you. This license terminates when you delete your User Content or close your account.

6.3 Responsibility for User Content

You are solely responsible for the accuracy, legality, and appropriateness of your User Content, including any personal information of third parties (such as client or lead data) that you input into the Platform. You represent and warrant that you have obtained all necessary consents and authorizations required to input such information into the Platform.

6.4 Data Portability

You may export your User Content at any time using the export features available within the Platform. Upon account termination, we will make your data available for export for a period of 30 days, after which it will be deleted in accordance with our Privacy Policy.

7. Intellectual Property

The Platform, including its design, features, code, documentation, trademarks, logos, and all related intellectual property, is and remains the exclusive property of Simpler Software Applications Inc. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Platform as described herein.

8. Third-Party Services

The Platform may integrate with or contain links to third-party services (e.g., payment processors, email delivery providers, MLS systems). Your use of any third-party service is governed by that provider's own terms and policies. Brokerdesk is not responsible for the availability, accuracy, or practices of any third-party service.

9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Brokerdesk disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the Platform will meet your specific requirements or expectations.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Brokerdesk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Platform.
  • Our total aggregate liability for all claims arising out of or related to these Terms or the Platform shall not exceed the total fees paid by you to Brokerdesk during the twelve (12) months immediately preceding the event giving rise to the claim.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Simpler Software Applications Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your violation of these Terms, or your violation of any rights of a third party, including any claims related to User Content you input into the Platform.

12. Term and Termination

12.1 Term

These Terms are effective from the date you first access or use the Platform and continue until terminated.

12.2 Termination by You

You may cancel your subscription and terminate your account at any time through the Platform's account settings or by contacting us at support@brokerdesk.com.

12.3 Termination by Us

We may suspend or terminate your account and access to the Platform at any time, with or without notice, if we reasonably determine that you have violated these Terms or that continued access poses a risk to the Platform or other Users.

12.4 Effect of Termination

Upon termination, your right to access and use the Platform ceases immediately. Sections 6.1, 7, 9, 10, 11, 13, and 14 shall survive termination.

13. Dispute Resolution

13.1 Good Faith Negotiation

In the event of any dispute arising out of or relating to these Terms or the Platform, the parties agree to first attempt to resolve the matter through good faith negotiation for a period of thirty (30) days from the date one party notifies the other in writing of the dispute.

13.2 Jurisdiction

If the dispute is not resolved through negotiation, the parties agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. The parties waive any objection to venue in such courts.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15. Modifications to the Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will notify you by email or through a prominent notice on the Platform at least thirty (30) days prior to the changes taking effect. Your continued use of the Platform after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and cancel your subscription.

16. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brokerdesk with respect to the Platform and supersede all prior agreements and understandings.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: Brokerdesk shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

17. Contact Us

If you have questions about these Terms, please contact us at:

Simpler Software Applications Inc.
Operating as Brokerdesk
Email: support@brokerdesk.com
Address: [Insert Mailing Address]

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