Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and 1 OAK STUDIOS ("Company," "we," "us," or "our") governing your access to and use of the 1 OAK MLS Platform ("Platform"), including any associated websites, applications, and services.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Platform Description

The 1 OAK MLS Platform is a multi-tenant software-as-a-service platform designed for licensed real estate professionals. The Platform enables authorized users to:

• Display MLS listing data on customized client-facing websites
• Manage real estate listing information
• Facilitate communication with potential buyers and sellers
• Comply with MLS and IDX display requirements

3. Eligibility

3.1 Agent Users

To own a workspace or connect MLS data on the Platform, you must be a licensed real estate professional in good standing with your state licensing authority and an active member of an MLS that provides authorized data access through Bridge Interactive. Workspace owners may invite authorized team or staff users who do not maintain a separate MLS connection, provided that at least one Agent User in the workspace maintains the licensing, membership, and data rights required for the workspace's use of MLS data.

3.2 Consumer Users

Consumer-facing features are available to individuals 18 years of age or older who are seeking real estate information for personal, non-commercial purposes.

4. Account Registration

When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorized use of your account or any other breach of security.

5. MLS Data Usage

5.1 Data Source

Real estate listing data displayed on the Platform is provided by Multiple Listing Services through Bridge Interactive. This data remains the property of the respective MLS organizations and participating brokers.

5.2 IDX Display Rules

Agent Users must comply with all applicable MLS and IDX display rules, including:

• Displaying required disclaimers and attribution as specified by the MLS
• Not displaying listings with opt-out status
• Updating or removing listings within required timeframes
• Including listing broker attribution on all listing displays
• Not manipulating or misrepresenting listing information

5.3 Consumer Use Restrictions

MLS listing data is provided for consumers' personal, non-commercial use only. Consumer Users may not:

• Copy, redistribute, or republish listing data
• Use listing data for any commercial purpose
• Scrape, harvest, or automatically collect listing data
• Create derivative works from listing data

6. Prohibited Uses

You agree not to use the Platform to:

• Violate any applicable law, regulation, or MLS rule
• Infringe on the intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Platform or its systems
• Interfere with or disrupt the Platform's operation
• Engage in any form of data scraping, harvesting, or automated collection
• Use the Platform for any purpose that is fraudulent or deceptive
• Circumvent any security measures or access controls

7. Fair Housing Compliance

All users must comply with the Fair Housing Act and all applicable federal, state, and local fair housing laws. You may not make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to real estate that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, national origin, or any other protected class.

8. Intellectual Property

8.1 Platform Ownership

The Platform, including its design, features, functionality, and underlying technology, is owned by 1 OAK STUDIOS and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. This license does not include the right to modify, distribute, or create derivative works of the Platform.

8.3 User Content

"User Content" includes the photos, videos, logos, trademarks, documents, testimonials, biographies, page copy, articles, contact records, and other creative or business materials you upload or submit to the Platform. As between you and us, you or your licensors retain ownership of User Content. Uploading User Content does not transfer ownership to us.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, adapt for technical delivery, display, back up, and transmit User Content solely as reasonably necessary to provide, secure, and support the Platform. You represent that you have all rights and permissions necessary to submit and publish User Content, including any authorization required from your brokerage or another rights holder.

8.4 Custom and Professional Services

Any separately purchased design, branding, content, migration, configuration, or development services will be governed by the applicable order form or statement of work, including its fees, deliverables, revision limits, and ownership terms. Unless that document expressly states otherwise, such services do not transfer ownership of the Platform, source code, shared templates, reusable components, workflows, infrastructure, or underlying technology.

9. AI-Generated Content

9.1 AI Content Generation Features

The Platform may offer AI-powered content generation features that assist Agent Users in creating marketing content, including website copy, property descriptions, and promotional materials. These features utilize third-party AI services (including Anthropic Claude and OpenAI GPT models).

9.2 Agent Responsibility

You acknowledge and agree that:

• All AI-generated content requires your review and approval before publication
• You are solely responsible for reviewing AI-generated content for accuracy, compliance with Fair Housing laws, and adherence to MLS rules
• AI-generated content may contain errors, inaccuracies, or inappropriate language that you must correct before use
• You retain full responsibility for all content published on your workspace, regardless of how it was generated

9.3 Fair Housing Compliance for AI Content

While we implement safeguards to help prevent Fair Housing Act violations in AI-generated content, these safeguards are not foolproof. You must independently verify that all AI-generated content complies with the Fair Housing Act and all applicable federal, state, and local fair housing laws before publishing.

9.4 AI Content Limitations

AI-generated content is provided "as is" without warranties of any kind. We do not guarantee that AI-generated content will be: (a) accurate or factually correct; (b) free from bias or discriminatory language; (c) suitable for your specific needs; or (d) compliant with any particular legal requirements.

9.5 AI Usage Tracking

We track AI content generation usage for billing, compliance auditing, and quality improvement purposes. All AI-generated content and associated metadata may be retained for audit and compliance purposes.

9.6 Indemnification for AI Content

You agree to indemnify and hold harmless 1 OAK STUDIOS from any claims, damages, or liabilities arising from your use, modification, or publication of AI-generated content, including but not limited to claims of Fair Housing Act violations, defamation, or intellectual property infringement.

10. Payment Terms

10.1 Subscription Plans

The Platform offers subscription plans for individual agents, teams, and brokerages, as well as custom or enterprise offerings. Current plan names, features, usage limits, prices, billing intervals, included seats, and available add-ons are displayed on our pricing page, at checkout, or in an applicable order form. The commercial terms accepted at checkout or in a signed order form control if they conflict with general pricing information in these Terms.

10.2 Trials, Onboarding, and Separate Services

We may offer a free trial or onboarding period. Its duration, included access, payment-method requirements, first billing date, and any conditions for publishing a site will be disclosed at signup, checkout, or in the applicable order form. Canceling before the disclosed first billing date prevents the subscription charge, except for separately authorized professional-services fees.

Standard self-service subscription plans do not include a setup fee unless one is clearly disclosed before purchase. Separately requested custom design, branding, content, migration, configuration, or development work may carry a one-time or project fee under an order form or statement of work. Unless that document states otherwise, fees for completed work and work already commenced are non-refundable.

10.3 Billing and Payment

Subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless canceled in accordance with Section 10.5. You must maintain a valid payment method on file. If a payment fails, we will provide a 7-day grace period to update your payment information before suspending access. Data is retained for 30 days following suspension due to non-payment, after which it may be permanently deleted.

10.4 Promotional, Charter, and Founding Partner Pricing

Promotional, Charter Partner, Founding Partner, or other preferential pricing is governed by the offer or order form under which it is provided. Such pricing may require continuous service, a stated initial term, or participation in a defined program. Unless the applicable offer states otherwise, canceling service forfeits the preferential rate, and any later subscription will be offered at the then-current available price.

10.5 Cancellation

You may cancel your subscription at any time from your account settings. No cancellation fees apply to either billing plan. For monthly subscriptions, cancellation takes effect at the end of the current billing period. For annual subscriptions, you may cancel auto-renewal at any time; your subscription remains active through the end of the paid annual period, and no pro-rata refunds are provided for the remaining term.

Upon cancellation, your site will go offline on the cancellation effective date. During an active subscription and for 30 days following the cancellation effective date, you may request a standard export of your available customer-owned business data. The standard export will include, where applicable, leads and contacts, authored pages and articles, client-uploaded media, and practical publishing and SEO fields associated with that content. Export formats and delivery methods may vary by data type.

Exports do not include Platform source code, shared templates, reusable components, infrastructure, proprietary system configuration, security or fraud data, or third-party information you are not entitled to receive. MLS-supplied listing data and media remain subject to MLS, brokerage, listing-broker, and other applicable rights and may not be exportable or retainable after MLS authorization ends. Complex migration or custom transformation work outside the standard export may require a separate fee. For company-initiated termination, see Section 15.

10.6 Satisfaction Guarantee

We offer a 30-day satisfaction guarantee on your first subscription payment (whether monthly or annual). If you are not satisfied, submit a written request tosupport@1oakmls.comwithin 30 days of your first payment for a full refund of that subscription payment. This guarantee excludes separately authorized professional-services fees for completed work or work already commenced under Section 10.2 and is limited to one refund per customer.

Except as provided in this section or as required by applicable law, all fees are non-refundable.

10.7 Fee Changes

We reserve the right to change our subscription fees upon 30 days' notice. Fee changes take effect at the start of your next billing period following the notice period. Charter Partner pricing is subject to Section 10.4.

10.8 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, and other taxes associated with your subscription, excluding taxes based on our net income.

11. Disclaimer of Warranties

THE PLATFORM AND ALL MLS DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) MLS DATA IS ACCURATE, COMPLETE, OR CURRENT; (C) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (D) ANY DEFECTS WILL BE CORRECTED; OR (E) AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR COMPLIANT WITH ANY LAWS OR REGULATIONS.

MLS listing information is provided by third parties and is deemed reliable but not guaranteed. All property information should be independently verified by the consumer.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1 OAK STUDIOS 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, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless 1 OAK STUDIOS and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or MLS rule; (d) your violation of any rights of a third party; or (e) your use of AI-generated content, including any Fair Housing Act violations or other legal claims resulting from content you publish.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of such courts.

15. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Effective Date" above.

Your continued use of the Platform after any modifications constitutes your acceptance of the updated Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 1 OAK STUDIOS regarding your use of the Platform.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18. Contact Information

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

1 OAK STUDIOS
31 NE 17th St Unit 219
Miami, FL 33132
Email:support@1oakmls.com