Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (the “Terms”) form a binding legal agreement between you and TreeHaous, Inc. (“TreeHaous,” the “Company,” “we,” “us,” or “our”) governing your access to and use of the TreeHaous platform and Services. By creating an account, accessing, or using the Services, you agree to be bound by these Terms.

SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND CLASS-ARBITRATION WAIVER. It affects how disputes between you and the Company are resolved. Except for certain matters described in Section 20, you and the Company agree to resolve disputes through individual binding arbitration rather than in court. You have the right to opt out of arbitration within 30 days as described in Section 20.11.

IMPORTANT REAL ESTATE NOTICE. TreeHaous is a technology platform, not a real estate brokerage. The Company does not provide real estate brokerage services, does not represent buyers or sellers, and is not a party to any real estate transaction. Licensed brokerage services made available through the platform are provided by the Sponsoring Brokerage and by licensed real estate professionals, not by the Company. See Sections 2 and 7.

1. Definitions

The following capitalized terms have the meanings set out below wherever they appear in these Terms. These definitions are the canonical definitions for the TreeHaous legal documentation package and are incorporated by reference into the Company’s other policies and agreements, including the Acceptable Use Policy, Privacy Policy, and any addenda. Where another TreeHaous document uses a capitalized term defined here without defining it locally, this Section governs.

1.1 Platform and Company Terms

“Company” means TreeHaous, Inc., a Delaware corporation, and where the context requires its successors, assigns, and Affiliates.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting equity or the power to direct management.

“Platform” means the TreeHaous websites, mobile and desktop applications, application programming interfaces, and all related features, functionality, and surfaces that link to or reference these Terms.

“Services” means the products, features, and functionality the Company makes available through the Platform, including the Listing Feed, Social Features, the Canopy Feed, AI Features, Collections, and Communications, as they may change over time.

“Sponsoring Brokerage” means the separately operated, licensed real estate brokerage through which multiple listing service access and listing-display rights are obtained and through which licensed brokerage services are provided to users. The Sponsoring Brokerage is not the Company, is not an Affiliate of the Company solely by reason of the platform relationship, and is independently responsible for licensed real estate activity.

“MLS” means each multiple listing service that supplies Listing Data used in the Services, including, at launch, Midwest Real Estate Data LLC (MRED), together with its rules, policies, and data-license requirements.

1.2 User Classes

“User” means any person who accesses or uses the Services, whether or not registered.

“Registered User” means a User who has created an account.

“Consumer User” means a Registered User who is not a Verified Professional.

“Verified Professional” means a Registered User whose real estate license and, where applicable, MLS membership the Company or the Sponsoring Brokerage has verified, and who is granted access to professional features.

“MLS Member User” means a Verified Professional with active membership in an applicable MLS who is granted access to features that are gated to MLS members.

“Agent” means a licensed real estate professional who interacts with Users through the Services. Agents are not ranked, scored, curated, or ordered by the Company; agent visibility is presented on a neutral, non-promotional basis.

“Content Contributor” means any User who uploads, posts, transmits, or otherwise makes available User Content through the Services.

1.3 Content and Data

“User Content” means any content a User creates, uploads, posts, transmits, or makes available through the Services, including profiles, posts, photographs, videos, comments, messages, reviews, and Collections.

“Listing Data” means property-listing information and associated media made available through the Services that originates from an MLS feed or other authorized real estate data source.

“MLS Content” means the subset of Listing Data and associated media owned or controlled by an MLS or its participating brokers, made available subject to the applicable MLS rules and data license.

“Platform Content” means all content, software, design, text, graphics, interfaces, trademarks, and other materials owned or licensed by the Company, excluding User Content, Listing Data, and MLS Content.

“Platform Technology” means the Company’s proprietary technology, methods, and know-how underlying the Services, including the recommendation, ranking, and feed logic; search methodologies; weighting systems; taxonomies, ontologies, and classification schemes; databases, data structures, and schemas; behavioral and statistical models; prompts, prompt templates, and prompt-engineering techniques; AI and data workflows and pipelines; software architecture, source code, object code, and configurations; and all related trade secrets, whether or not any of the foregoing is patented, registered, or reduced to writing.

“API” means any application programming interface, data feed, or programmatic interface the Company makes available for accessing or interacting with the Services.

“AI Output” means insights, summaries, analytics, or other materials generated by AI Features.

“Behavioral Telemetry” means interaction data the Company logs about how Users engage with the Services, including clicks, dwell time, impressions, scroll, and similar signals. As of the Effective Date, Behavioral Telemetry is collected for analytics, security, and product-development purposes and is not used to rank, target, or personalize content delivered to Users, except as expressly described for the Canopy Feed.

“Aggregated or De-Identified Data” means data that has been aggregated or processed so that it does not identify, and cannot reasonably be linked to, a particular User or household.

“Personal Information” means information that identifies, relates to, describes, or is reasonably capable of being associated with a particular User or household, as further described in the Privacy Policy and as defined under applicable Privacy Laws.

“Collections” means User-organized groupings of saved properties, listings, or content.

1.4 Functional Terms

“Listing Feed” means the surfaces of the Services that display Listing Data, ordered by neutral, transparent criteria such as relevance to a User’s query, listing status, presence of photographs, and recency.

“Canopy Feed” means the opt-in personalization surface that orders content using a User’s stated onboarding preferences together with a narrow set of that User’s own explicit engagement signals (saves, searches, listing views, and likes), applied through transparent, hand-weighted rules. The Canopy Feed does not use a machine-learning model in its ranking path as of the Effective Date. Introducing model-based or inferred-behavior ranking requires the automated-decision-making disclosure and Fair Housing review described in the Privacy Policy and Internal Compliance Manual.

“AI Features” means features that generate AI Output, such as AI-assisted search assistance, insights, summaries, and market analytics.

“Social Features” means profiles, comments, likes, shares, follows, and similar interactive features.

“Communications” means messages, notifications, and other transmissions sent through or in connection with the Services, including direct messages and Company-originated emails.

“Feedback” means suggestions, ideas, or comments a User submits about the Services.

“Beta Features” means features, products, or functionality that the Company identifies as alpha, beta, preview, early-access, experimental, or evaluation, or that are otherwise not generally available.

1.5 Legal and Compliance Terms

“Privacy Laws” means all data-protection and privacy laws, rules, and regulations applicable to the Company’s processing of Personal Information, including, as applicable, the California, Illinois, and other state privacy and consumer-protection statutes identified in the Privacy Policy.

“Real Estate Laws” means the federal Fair Housing Act and applicable state and local fair-housing laws, the Real Estate Settlement Procedures Act (RESPA), state real-estate licensing laws, MLS rules, and applicable real-estate advertising regulations.

“Claims” means any claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees.

“Dispute” means any dispute, claim, or controversy between you and the Company arising out of or relating to these Terms or the Services, as further described in Section 20.

2. The Services; Role of the Company

2.1 Technology Platform Only. The Company provides a technology platform that aggregates, displays, and organizes real estate information and enables social and informational features. The Company is not a real estate broker or agent, is not a party to any real estate transaction, does not provide real estate brokerage services, and does not represent any buyer, seller, landlord, or tenant. No provision of these Terms, and no feature of the Services, creates an agency, fiduciary, brokerage, partnership, employment, or joint-venture relationship between you and the Company.

2.2 Sponsoring Brokerage and Licensed Activity. Listing display and any licensed real estate brokerage activity made available through the Services are provided by or under the supervision of the Sponsoring Brokerage and by licensed Agents, each of whom is solely responsible for its own licensed activity, advice, representations, and compliance with Real Estate Laws. The Company does not supervise, direct, or control the licensed activity of the Sponsoring Brokerage or any Agent.

2.3 Neutral Distribution. The Listing Feed orders Listing Data using neutral, transparent criteria. Agents are not ranked, scored, or curated. The Company does not engage in editorial selection of listings or Agents and does not offer paid or promoted placement of listings or Agents. Any future change to these practices will be subject to applicable Real Estate Laws and MLS rules and, where required, prior notice.

2.4 Informational Purpose; No Professional Advice. Listing Data, AI Output, market analytics, and other information made available through the Services are provided for general informational purposes only, may be incomplete, delayed, or inaccurate, and do not constitute real estate, legal, financial, tax, appraisal, lending, or investment advice. You should independently verify all information and consult qualified licensed professionals before making any real estate decision.

2.5 Changes to the Services. The Company may add, modify, suspend, or discontinue any part of the Services at any time. The Company will use commercially reasonable efforts to provide notice of material adverse changes where practicable.

3. Eligibility; Accounts; Territory

3.1 Age Requirement. You must be at least 18 years old to access or use the Services. The Services are not directed to, and may not be used by, anyone under 18. By using the Services, you represent and warrant that you are 18 or older. The Company does not knowingly collect Personal Information from anyone under 18; if the Company learns that it has done so, it will take reasonable steps to delete the information and terminate the account.

3.2 Territory; United States Only. The Services are intended and directed solely for users located in the United States. The Services are not offered or directed to users in the European Union, the United Kingdom, or other jurisdictions outside the United States, and you may not access or use the Services from outside the United States. The Company makes no representation that the Services are appropriate or available for use outside the United States.

3.3 Account Registration. Certain features require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account, and you agree to notify the Company promptly of any unauthorized use.

3.4 Professional Verification. Access to Verified Professional and MLS Member User features is conditioned on verification of licensure and, where applicable, MLS membership, and on acceptance of any applicable professional terms. The Company may revoke professional access if eligibility lapses or cannot be verified.

3.5 Export Control and Sanctions. You represent and warrant that you are not, and are not acting on behalf of any person who is, (a) located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive U.S. economic or trade sanctions (including, as applicable, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); or (b) identified on any U.S. government restricted-party list, including the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons or Entity List. You agree to comply with all applicable U.S. export-control and economic-sanctions laws and regulations, and you will not use, export, re-export, or transfer the Services in violation of those laws. The Company may suspend or terminate access where it reasonably believes continued provision of the Services would violate applicable export-control or sanctions law.

3.6 Suspension and Termination. The Company may suspend or terminate your access at any time, with or without notice, for any violation of these Terms or applicable law, or to protect the Services or other Users. You may stop using the Services at any time. Sections that by their nature should survive termination (including Sections 1, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, and 22) survive.

4. User Conduct and Acceptable Use

4.1 Acceptable Use Policy. Your use of the Services is subject to the TreeHaous Acceptable Use Policy, which is incorporated into these Terms by reference and available at treehaous.com/aup. The Acceptable Use Policy governs prohibited conduct, including fair-housing requirements applicable to content and communications.

4.2 Fair Housing. You must comply with all applicable fair-housing laws. You may not use the Services to publish, communicate, or signal any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, national origin, or any other class protected under applicable federal, state, or local law, and you may not use the Services to engage in discriminatory steering or advertising.

4.3 Lawful Use. You agree not to use the Services for any unlawful purpose; to interfere with the integrity or security of the Services; to misrepresent your identity or licensure; or to circumvent any access control, including the territorial, age, export-control, and sanctions restrictions in Section 3.

4.4 Prohibited Technical and Integrity Conduct. Without limiting the Acceptable Use Policy, you may not, and may not permit or enable any other person or automated agent to:

- Reverse engineer or extract. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, architecture, models, weights, parameters, prompts, or trade secrets of the Services or Platform Technology, including by model extraction, prompt extraction or prompt injection, or by probing, testing, or analyzing outputs to reconstruct underlying logic, except to the limited extent this restriction is unenforceable under applicable law;

- Benchmark or test without authorization. Conduct benchmarking, competitive analysis, automated testing, load testing, or security or penetration testing of the Services without the Company’s prior written authorization;

- Scrape or reconstruct. Use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, index, harvest, or extract any portion of the Services, Platform Content, Listing Data, MLS Content, or User Content, or reconstruct or attempt to reconstruct any database or dataset underlying the Services;

- Train AI on the Services. Use the Services, Platform Content, Listing Data, MLS Content, User Content, or AI Output to train, fine-tune, develop, or improve any artificial-intelligence or machine-learning model, large language model, or dataset, or to ingest any of the foregoing into any such model or dataset;

- Misuse access methods. Access the Services through any unauthorized interface or API, exceed any rate or access limits, share, sell, or transfer account credentials, or access the Services using another person’s credentials;

- Manipulate or impersonate. Create, operate, or maintain fake, automated, or bot accounts; engage in engagement manipulation (including artificial likes, follows, views, or reviews); impersonate any person or entity, including any Agent, brokerage, or the Company; or create, upload, or distribute deepfakes or synthetic media that misrepresent a real person, property, or listing; and

- Circumvent. Bypass, disable, or interfere with any security, authentication, rate-limiting, geographic, or access-control feature of the Services.

5. User Content

5.1 Ownership. As between you and the Company, you retain ownership of intellectual property rights in your User Content, subject to the license you grant below.

5.2 License to the Company. You grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to host, store, cache, back up, archive, reproduce, copy, modify and create derivative works of (for the technical and operational purposes described below), adapt, reformat, translate, transcode, resize, compress, excerpt, create thumbnails and previews of, index, analyze, publish, publicly perform, publicly display, transmit, and distribute your User Content. This license is granted for the purposes of operating, providing, securing, improving, and promoting the Services, including: content moderation and enforcement; indexing, search, and retrieval; spam, fraud, abuse, and security detection and prevention; backup, disaster recovery, and business continuity; generating thumbnails, previews, and derivative renditions; transcoding, resizing, caching, and content delivery; and reformatting or re-rendering your User Content for current and future devices, platforms, media, and delivery formats now known or later developed. The Company’s exercise of this license for moderation, security, indexing, fraud detection, and similar internal operational purposes does not make the Company the publisher or speaker of your User Content. This license ends when your User Content is removed, except for residual copies retained for routine backup, legal, compliance, or fraud- and abuse-prevention purposes, for de-identified or aggregated derivatives, and for portions previously shared with others who have not deleted them.

5.3 Your Representations. You represent and warrant that you own or have the necessary rights to your User Content and to grant the license in Section 5.2, and that your User Content does not infringe third-party rights or violate applicable law, including Real Estate Laws.

5.4 No Obligation to Monitor; Removal. The Company is not obligated to monitor User Content but may review, remove, or restrict User Content that violates these Terms, the Acceptable Use Policy, or applicable law, as further described in the Content Moderation & Appeals Policy.

5.5 Feedback. If you provide Feedback, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation.

6. Intellectual Property; Listing Data

6.1 Company Intellectual Property and Platform Technology. The Platform Content, the Platform Technology, and all intellectual property rights in and to the Services are and remain the exclusive property of the Company and its licensors and are protected by copyright, trademark, patent, trade-secret, and other laws. Without limiting the foregoing, the Company exclusively owns all right, title, and interest in and to the Platform Technology, including the Services’ recommendation, ranking, and feed logic and methodologies; search methodologies and relevance logic; proprietary weighting, scoring, and prioritization systems; behavioral, statistical, and analytical models; taxonomies, ontologies, and classification and tagging schemes; databases, data structures, schemas, and compilations; user-interface and user-experience designs, layouts, and visual elements; prompts, prompt templates, and prompt-engineering and orchestration techniques; AI and data workflows, pipelines, and configurations; software architecture, source and object code; and all related trade secrets, know-how, and derivative works, in each case whether or not patented, registered, or reduced to writing. Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended personal or professional purpose. No other right or license is granted, whether by implication, estoppel, or otherwise, and all rights not expressly granted are reserved by the Company.

6.2 Trade Secrets and Confidentiality of the Platform. The Platform Technology constitutes the Company’s confidential information and trade secrets. You will not access, use, or disclose the Platform Technology except as expressly permitted, and you will not take any action that would impair, contest, or jeopardize the Company’s rights in the Platform Content or Platform Technology. The prohibitions in Section 4.4 (including against reverse engineering, model and prompt extraction, scraping, database reconstruction, and AI training) protect these rights and are a material part of this Agreement.

6.3 Trademarks. “TreeHaous,” the TreeHaous logo, and related names and marks are trademarks of the Company. You may not use them without the Company’s prior written permission. Third-party marks, including the Licensed Marks of MLS GRID and any MLS, are the property of their respective owners and may be used only as those owners permit.

6.4 Listing Data and MLS Content; Use Restrictions. Listing Data and MLS Content are owned by the applicable MLS, listing brokers, or other authorized sources and are made available subject to applicable MLS rules and data-license requirements, including any required attribution and disclaimers. You may access and use Listing Data and MLS Content only for personal, non-commercial use to identify properties of potential interest, or, for Verified Professionals, as expressly permitted by the applicable MLS rules and the MLS Display & Data Use Addendum. Without limiting the foregoing, you may not, and may not permit or enable any other person or automated agent to:

- AI training and ingestion. use Listing Data or MLS Content to train, fine-tune, or develop any artificial-intelligence or machine-learning model or large language model, or to ingest, embed, or incorporate Listing Data or MLS Content into any such model, vector store, or dataset;

- Redistribution and republication. copy, redistribute, republish, syndicate, license, sublicense, sell, rent, or otherwise make available Listing Data or MLS Content to any third party, except as expressly permitted by the applicable MLS rules;

- Derivative databases. create, populate, or maintain any derivative database, dataset, or compilation derived from Listing Data or MLS Content;

- Automated and harvesting extraction. scrape, crawl, harvest, or use any automated means to extract Listing Data or MLS Content, including systematic or bulk screenshot capture or image harvesting; or

- Metadata. publicly display MLS GRID Metadata, which is licensed for internal use only.

These restrictions are in addition to, and do not limit, the prohibitions in Section 4.4 and the MLS Display & Data Use Addendum.

6.5 Copyright Policy; DMCA. The Company complies with the Digital Millennium Copyright Act. Notices of claimed infringement and the Company’s designated-agent and counter-notification procedures are set out in the TreeHaous Copyright/DMCA Policy, available at treehaous.com/dmca. The Company may, in appropriate circumstances and in its discretion, terminate the accounts of repeat infringers.

7. Agents, Brokerage, and Third Parties

7.1 Interactions with Agents and the Sponsoring Brokerage. Any interaction, engagement, or transaction between you and an Agent, the Sponsoring Brokerage, or any other licensed professional is solely between you and that party. The Company is not a party to and is not responsible for those interactions, any advice given, or the outcome of any real estate transaction.

7.2 Third-Party Content and Links. The Services may display third-party content or links. The Company does not endorse and is not responsible for third-party content, products, or services.

7.3 No Settlement-Service Referrals for Value. As of the Effective Date, the Services do not involve referrals of settlement-service business in exchange for any thing of value. Any future marketplace, lender, title, escrow, or insurance integration must clear RESPA Section 8 review before launch.

8. AI Features, Canopy, and Personalization

8.1 Nature of AI Output. AI Features generate AI Output using automated methods. AI Output may be inaccurate, incomplete, or outdated, and is provided for informational purposes only and is not professional advice of any kind. You are responsible for independently verifying AI Output before relying on it.

8.2 Canopy Feed. The Canopy Feed personalizes the ordering of content based on your stated preferences and your own explicit engagement signals, using transparent, hand-weighted rules and no machine-learning ranking model as of the Effective Date. Participation is optional, and personalization signals are described in the Privacy Policy.

8.3 Behavioral Telemetry. The Company logs Behavioral Telemetry as described in the Privacy Policy. As of the Effective Date, Behavioral Telemetry is not used to rank, target, or personalize content beyond the Canopy Feed signals described above. If the Company later uses Behavioral Telemetry for model-based personalization or automated decision-making, it will update the Privacy Policy and provide any disclosures or choices required by Privacy Laws.

8.4 No Reliance. To the maximum extent permitted by law, the Company disclaims liability for decisions made in reliance on AI Output, Canopy ordering, market analytics, or other automated outputs.

9. APIs and Automated Access

9.1 Authorized Access Only. You may access the Services only through interfaces the Company authorizes. Any access to or use of an API is permitted only under, and is subject to, the Company’s then-current API terms, documentation, and any credentials or keys the Company issues. The Company may make APIs available, modify them, condition their use, impose or change rate, volume, scope, and field-level limits, require authentication, and monitor usage, in each case in its discretion.

9.2 Restrictions. You will not exceed authorized rate or volume limits; circumvent or disable any API authentication, quota, or access control; share, resell, or sublicense API access or credentials except as expressly permitted; or use an API to build a product or dataset that replicates, competes with, or extracts the value of the Services or the Platform Technology. API access does not grant any license to Listing Data, MLS Content, or User Content beyond what these Terms and the applicable MLS rules permit.

9.3 Changes and Discontinuation. The Company may add, modify, deprecate, suspend, throttle, or discontinue any API or any feature of an API at any time, with or without notice. The Company is not liable for any impact on your applications, integrations, or business resulting from any such change. The restrictions in Section 4.4 apply to all programmatic access.

10. Beta Features

10.1 Evaluation Basis. From time to time the Company may make Beta Features available. Beta Features are provided for evaluation, are pre-release, and may be incomplete, unstable, or changed or withdrawn at any time. Beta Features are provided “AS IS” and “AS AVAILABLE” without any warranty of any kind, and the disclaimers and limitations of liability in these Terms apply to them with full force.

10.2 Increased Flexibility. The Company may modify, suspend, limit, or discontinue any Beta Feature, in whole or in part, at any time and without notice or liability, and may impose additional or different terms on Beta Features, which control over conflicting general Terms for those features. The Company does not guarantee that any Beta Feature will become generally available or that data created in a Beta Feature will be retained or supported.

10.3 Feedback. The Company encourages Feedback on Beta Features, and your provision of Feedback is governed by Section 5.5.

11. Privacy

11.1 Privacy Policy. The Company’s collection and use of Personal Information is described in the TreeHaous Privacy Policy, available at treehaous.com/privacy, which is incorporated into these Terms by reference. By using the Services, you acknowledge the Privacy Policy.

11.2 Communications and Email. By creating an account, you consent to receive Communications from the Company relating to the Services, including transactional emails. Marketing emails include an unsubscribe mechanism consistent with applicable law. The Company does not send platform-originated text messages as of the Effective Date; if it later does, it will obtain any consent required by law.

11.3 Security. The Company implements reasonable administrative, technical, and physical safeguards designed to protect Personal Information, but no system is perfectly secure, and the Company cannot guarantee absolute security.

12. Disclaimers of Warranties

12.1 “AS IS.” THE SERVICES, LISTING DATA, AI OUTPUT, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

12.2 NO WARRANTY AS TO INFORMATION OR THIRD PARTIES. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY LISTING DATA, MLS CONTENT, AI OUTPUT, RECOMMENDATIONS, FEED ORDERING, VALUATION ESTIMATES, MARKET ANALYTICS, OR USER CONTENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THE COMPANY DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY DATA, CONTENT, ACT, OR OMISSION OF ANY MLS, LISTING BROKER, AGENT, SPONSORING BROKERAGE, LENDER, TITLE OR ESCROW COMPANY, INSPECTOR, GOVERNMENTAL RECORD, OR OTHER THIRD PARTY, OR FOR ANY INTERRUPTION, OUTAGE, OR ERROR IN ANY MLS OR THIRD-PARTY DATA FEED.

12.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits any non-waivable statutory rights you may have.

13. Limitation of Liability

13.1 EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 REAL ESTATE, DATA, AND RELIANCE MATTERS. WITHOUT LIMITING SECTION 13.1, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO: ANY FAILED, DELAYED, CANCELED, OR DISPUTED REAL ESTATE TRANSACTION OR CLOSING; ANY LOST, REDUCED, OR DISPUTED COMMISSION, REFERRAL FEE, OR BUSINESS OPPORTUNITY; ANY INACCURACY, INCOMPLETENESS, OR UNAVAILABILITY OF AI OUTPUT, RECOMMENDATIONS, ALGORITHMIC RANKING OR FEED ORDERING, VALUATION OR PRICE ESTIMATES, OR MARKET ANALYTICS; ANY OUTAGE, INTERRUPTION, DELAY, OR ERROR IN ANY MLS, MLS GRID, OR OTHER THIRD-PARTY DATA FEED OR GOVERNMENTAL RECORD; ANY ERROR IN, OR ACT OR OMISSION OF, ANY MLS, LISTING BROKER, AGENT, SPONSORING BROKERAGE, LENDER, TITLE OR ESCROW COMPANY, INSPECTOR, APPRAISER, OR OTHER THIRD PARTY; ANY DECISION YOU OR ANY OTHER PERSON MAKES IN RELIANCE ON THE SERVICES OR ANY CONTENT, INCLUDING ANY PURCHASE, SALE, LEASE, FINANCING, OR INVESTMENT DECISION; OR ANY MARKET FLUCTUATION OR CHANGE IN PROPERTY VALUE. YOU ASSUME ALL RISK FOR YOUR USE OF, AND RELIANCE ON, THE SERVICES AND ANY CONTENT.

13.3 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND DOES NOT RESET WITH EACH CLAIM.

13.4 Some jurisdictions do not allow certain limitations or exclusions, so portions of this Section may not apply to you. Nothing in this Section limits liability that cannot be limited under applicable law. The exclusions and limitations in this Section apply regardless of the form or theory of action and even if a remedy fails of its essential purpose, and are a fundamental basis of the bargain between you and the Company; the Services would not be provided on these terms without them.

14. Indemnification

14.1 Your Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its Affiliates, officers, directors, employees, agents, and licensors from and against any Claims arising out of or relating to (a) your User Content; (b) your use of or access to the Services; (c) your violation of these Terms, the Acceptable Use Policy, or applicable law, including Real Estate Laws, Privacy Laws, and export-control and sanctions laws; (d) your violation of any third-party right, including intellectual-property, privacy, and publicity rights; or (e) your licensed real estate activity, if you are a Verified Professional.

14.2 Procedure. The Company will provide reasonable notice of any Claim subject to indemnification and may, at its option, control the defense and settlement of the Claim with counsel of its choice, in which case you will cooperate as reasonably requested. You may not settle any Claim in a manner that imposes any obligation, payment, or admission on the Company, or that affects the Company’s rights, without its prior written consent.

15. User Content; Interactive Computer Service

15.1 Third-Party Content. The Services host User Content and display Listing Data, MLS Content, and other information provided by Users, MLSs, brokers, Agents, and other third parties. The Company acts as a provider of an interactive computer service under 47 U.S.C. § 230 and is not the publisher or speaker of any information provided by another information content provider. The Company does not create, develop (in whole or in part), author, endorse, adopt, ratify, verify, vet, or guarantee any User Content or third-party content, and does not represent that any such content is accurate, complete, current, or reliable. Any reliance on User Content or third-party content is at your own risk.

15.2 Moderation Does Not Create Liability. The Company is not obligated to monitor User Content. Any decision to monitor, review, screen, label, edit for formatting, remove, restrict, or decline to remove or restrict User Content is undertaken in the Company’s discretion as an interactive computer service, is protected by applicable law including 47 U.S.C. § 230(c), and does not make the Company the publisher, speaker, author, or developer of any User Content, and does not waive any protection or immunity. Moderation is conducted consistent with the Content Moderation & Appeals Policy.

16. Enforcement, Investigations, and Legal Process

16.1 Range of Enforcement Actions. In addition to suspension and termination under Section 3.6, and to the extent consistent with applicable law, the Company may take any action it considers appropriate to enforce these Terms, protect the Services, or protect Users or third parties, including: restricting, disabling, or removing features or content; imposing partial or feature-level suspensions; applying rate limits or access restrictions; requiring re-verification; and, where the Company reasonably determines there is a risk of imminent harm, fraud, security compromise, or legal violation, taking emergency action without prior notice.

16.2 Investigations and Evidence Preservation. The Company may investigate suspected violations of these Terms or applicable law, and may preserve, access, and review account information, User Content, logs, and other records in connection with an investigation, a dispute, a security incident, or a legal or regulatory matter, subject to the Privacy Policy and applicable law.

16.3 Legal Process and Cooperation. The Company may access, preserve, and disclose account information and content where it believes in good faith that doing so is reasonably necessary to comply with applicable law, a subpoena, court order, warrant, or other legal process or governmental request; to implement a litigation hold or other preservation obligation; to enforce these Terms; to detect, prevent, or address fraud, security, or technical issues; or to protect the rights, property, or safety of the Company, Users, or the public. The Company may cooperate with law enforcement and other authorities consistent with applicable law and the Privacy Policy.

17. Changes to These Terms

17.1 Modifications. The Company may modify these Terms from time to time. If a change is material, the Company will provide reasonable notice, such as by posting the updated Terms with a new “Last Updated” date or by other reasonable means. Changes are effective when posted unless otherwise stated. Your continued use of the Services after changes take effect constitutes acceptance. If you do not agree, you must stop using the Services. Changes to Section 20 (Arbitration) that apply to a filed Dispute will not apply to that Dispute without your consent.

18. Electronic Records, Signatures, and Notices

18.1 Consent to Transact Electronically. You consent to transact with the Company electronically. You agree that your electronic acceptance of these Terms and any related agreement — including by clicking “I agree,” creating an account, or otherwise indicating assent (“clickwrap” acceptance) — has the same legal effect as a handwritten signature and forms a binding agreement.

18.2 Electronic Records and Signatures. Under the federal Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and similar laws, the Company’s records, and any agreement, disclosure, or notice provided or accepted electronically, are valid electronic records and signatures and are enforceable to the same extent as if they were in writing and signed on paper. You agree not to contest the admissibility, validity, or enforceability of these Terms or any electronic record on the basis that they were created, signed, or delivered electronically.

18.3 Electronic Notices. You agree that the Company may provide all notices, disclosures, and other communications required or permitted under these Terms electronically — by email to the address associated with your account, by posting within the Services, or by other reasonable electronic means — and that those electronic communications satisfy any legal requirement that they be in writing. It is your responsibility to keep your contact information current.

18.4 Hardware and Software; Withdrawal of Consent. To access and retain electronic records, you need a device and software capable of accessing the Services and receiving and storing email and other electronic documents (for example, a current web browser and PDF reader). You may withdraw your consent to transact electronically only by ceasing to use the Services and closing your account; because the Services are provided electronically, withdrawing consent ends your ability to use them.

19. Governing Law

19.1 Governing Law. These Terms and any Dispute are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20. This choice of law does not deprive you of the protection of any non-waivable consumer-protection provisions of the law of the state where you reside.

19.2 Forum for Non-Arbitrable Matters. Subject to Section 20, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you and the Company consent to personal jurisdiction there.

20. Dispute Resolution; Binding Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 20.11.

20.1 Agreement to Arbitrate. You and the Company agree that any Dispute will be resolved by final and binding individual arbitration, rather than in court, except as expressly provided in this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section is intended to be interpreted broadly and survives termination of these Terms.

20.2 Informal Resolution; Notice of Dispute. Before initiating arbitration, the initiating party must send the other party a written, individualized Notice of Dispute and engage in a good-faith informal resolution process for at least 60 days. A Notice of Dispute to the Company must be sent to accounts@treehaous.com or our notice address at 680 N Lake Shore Dr, Suite 110-2521, Chicago, IL 60611 and must include the claimant’s name, the email associated with the account, a description of the specific Dispute and the relief sought, and the claimant’s signature (or that of an individually identified, authorized representative). Mass or templated notices that do not contain this individualized information do not satisfy this requirement. Completion of this informal process is a condition precedent to commencing arbitration, and the applicable limitations period and any arbitration fee deadlines are tolled while the parties comply in good faith. Either party may request an individualized telephonic or videoconference settlement conference during this period, in which the individual party and a Company representative will participate in good faith (counsel may also attend).

20.3 Arbitration Administrator and Rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable to coordinated filings, its Mass Arbitration Supplementary Rules, in each case as modified by this Section and as in effect when the arbitration is commenced. If the AAA is unavailable or declines to administer the arbitration consistent with this Section, the parties will agree on a substitute administrator, or a court of competent jurisdiction will appoint one. The applicable rules are available at adr.org.

20.4 Arbitrator Authority; Delegation. The arbitrator has exclusive authority to resolve any Dispute, including any question of the arbitrability, scope, interpretation, enforceability, or formation of this arbitration agreement, except that a court (and not an arbitrator) has exclusive authority to decide the enforceability of the Class Action and Class Arbitration Waiver in Section 20.7. The arbitrator may award any relief that a court could award on an individual basis under applicable law and that is consistent with this Section, and the arbitrator’s award is final and binding, subject to the limited judicial review available under the Federal Arbitration Act.

20.5 Hearing and Location. Unless the parties agree otherwise, the arbitration will be conducted by telephone or videoconference, or, for claims seeking only documentary determination, on the basis of written submissions. If an in-person hearing is required, it will be held in the county of your residence or another mutually agreed location. This Section does not prevent the arbitrator from ordering an in-person hearing where appropriate.

20.6 Fees. Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules, except that for a Dispute initiated by a Consumer User that complies with Section 20.2, the Company will pay the portion of those fees that exceeds the cost of filing a comparable claim in court, unless the arbitrator finds the Dispute was frivolous or brought for an improper purpose, in which case fee allocation is governed by the AAA rules. Each party otherwise bears its own attorneys’ fees and costs unless applicable law or the arbitrator provides otherwise.

20.7 Class Action and Class Arbitration Waiver. You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of class, collective, or representative proceeding, except as expressly provided in the coordinated-proceedings procedure in Section 20.8. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and adjudicated in a court of competent jurisdiction under Section 19, while all remaining claims proceed in arbitration.

20.8 Coordinated Proceedings. If 25 or more similar Notices of Dispute or arbitration demands are asserted against the Company by or with the assistance of the same or coordinated counsel or organizations, the parties agree these will be treated as “Coordinated Proceedings” and administered under the AAA Mass Arbitration Supplementary Rules (or the administrator’s equivalent), including any process-arbitrator and global fee provisions. To promote efficient and fair resolution, the parties may agree (or the process arbitrator may direct) to resolve a reasonable number of individual bellwether arbitrations first, after which the parties will engage in a further good-faith resolution process for the remaining matters, and any applicable limitations periods for the remaining matters are tolled in the interim. This Section does not create class or representative arbitration.

20.9 Small-Claims Carve-Out. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains in that court.

20.10 Injunctive and IP Carve-Out. Either party may bring an action in court solely for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property or trade-secret rights, unauthorized access to or use of the Services, or breach of confidentiality obligations, without waiving the agreement to arbitrate any other Dispute.

20.11 30-Day Opt-Out. You may opt out of this Section 20 within 30 days after you first accept these Terms by sending written notice of your decision to opt out to accounts@treehaous.com or our notice address at 680 N Lake Shore Dr, Suite 110-2521, Chicago, IL 60611, including your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved in court under Section 19.

20.12 Severability and Survival. Except as provided in Section 20.7, if any part of this Section is found unenforceable, the remainder of this Section remains in effect. This Section survives termination of these Terms and of your relationship with the Company.

21. General Provisions

21.1 Entire Agreement; Order of Precedence. These Terms, together with the documents incorporated by reference (including the Acceptable Use Policy, Privacy Policy, Cookie Notice, Copyright/DMCA Policy, AI Disclosure Notice, and, for Verified Professionals, the Professional/Agent User Terms and MLS Display & Data Use Addendum) and any applicable addenda or order forms, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements and understandings on that subject. If there is a conflict, the following order of precedence applies, from highest to lowest: (a) an applicable signed written agreement between you and the Company; (b) an applicable addendum or professional terms; (c) these Terms; (d) the incorporated policies. The MLS Grid License and applicable MLS rules control over these Terms on matters of MLS data use.

21.2 Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by the Company and its licensors. No right or license is granted by implication, estoppel, course of dealing, or otherwise. The Company’s decision not to exercise or enforce any right or provision does not waive that right or provision, and no single or partial exercise of any right precludes any further exercise of it or of any other right.

21.3 Assignment. You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, by operation of law or otherwise, without the Company’s prior written consent, and any attempted assignment in violation of this Section is void. The Company may freely assign or transfer these Terms, in whole or in part, to an Affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

21.4 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions remain in full force and effect.

21.5 No Waiver. No waiver of any provision of these Terms is effective unless in a writing signed by the Company, and a party’s failure or delay in enforcing any provision is not a waiver of its right to do so later.

21.6 Force Majeure. The Company is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, cyberattacks, governmental action, and failures or interruptions of third-party services or data feeds, including any MLS or MLS GRID feed.

21.7 Notices. The Company may provide notices to you by email, through the Services, or by posting, as described in Section 18.3. You may contact the Company, and send any notice required to be in writing, at accounts@treehaous.com or our notice address at 680 N Lake Shore Dr, Suite 110-2521, Chicago, IL 60611.

21.8 Relationship of the Parties. You and the Company are independent contracting parties. Nothing in these Terms creates any agency, partnership, joint venture, fiduciary, employment, franchise, or brokerage relationship between you and the Company, and neither party may bind the other.

21.9 Third-Party Beneficiaries. Except as expressly stated (including the Company’s Affiliates and licensors with respect to Sections 13 and 14, and each MLS and MLS GRID with respect to MLS data provisions), these Terms do not create any third-party-beneficiary rights.

21.10 Headings; Interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms will not be construed against the drafter.

21.11 Contact. TreeHaous, Inc., 680 N Lake Shore Dr, Suite 110-2521, Chicago, IL 60611. Email: accounts@treehaous.com.