Terms of Service

1. Agreement and parties

BindingOffers (the "Service"), available at bindingoffers.com and its subdomains, is owned and operated by BindingOffers LLC ("we," "us," or "our"), a limited liability company organized under the laws of Florida, with its principal address at 936 SW 1ST AVE, #101, Miami, FL, 33130. These Terms of Service ("Terms") are a binding agreement between you and BindingOffers LLC.

By creating an account, accepting an invitation, clicking "I agree," submitting an offer, signing a consent, or otherwise using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you use the Service on behalf of a brokerage, team, or other organization, you represent that you have authority to bind that organization, and "you" includes it.

We may update these Terms. We will post the revised Terms with a new "Last updated" date and, for material changes, notify account holders by email at least 14 days before they take effect. Your continued use after the effective date is acceptance. Each consent, commitment, or acceptance you sign in the Service is recorded with the version of these Terms in effect at that time, and that version governs that action.

2. Definitions

• Agent means a real estate licensee who creates an account and runs Offer Rounds on listings they represent.
• Seller means the owner of a listed property who has engaged the Agent.
• Buyer means a person invited by an Agent to participate in an Offer Round, and includes any real estate licensee acting on the Buyer's behalf ("Buyer's Agent").
• Offer Round means a time-limited process on the Service in which invited Buyers may submit and raise offers on a listing and see the current highest offer price.
• Offer means a price and any optional terms a Buyer submits through the Service, together with the Buyer Commitment.
• Written Offer means a complete offer to purchase on the form customary in the listing's jurisdiction, delivered outside the Service.
• Team Account means an account with multiple Agent seats managed by a Team Owner.

3. What the Service is, and is not

The Service is software that helps a licensed Agent organize and communicate about offers on a listing. The Agent runs the Offer Round under the Agent's own license, brokerage policies, and applicable law.

The Service is not:

• A real estate brokerage. BindingOffers LLC is not a licensed real estate broker or agent, does not represent any party, and does not provide brokerage services.
• An auction. No Offer is accepted automatically. The Seller may accept, reject, or counter any Offer, or none, at the Seller's sole discretion, and is not required to accept the highest Offer. BindingOffers LLC is not an auctioneer and does not call for, recognize, or accept offers.
• An escrow, payment, or verification service. BindingOffers LLC does not hold deposits or funds, does not verify any Buyer's identity, financing, or funds, and does not verify any property information. Any maximum offer amount recorded for a Buyer is entered by the Agent based on the Agent's own review.
• A party to any transaction. No contract for the sale of real property is formed through the Service. BindingOffers LLC is not a party to, and has no liability under, any Offer, Written Offer, or purchase agreement.
• Legal, financial, or tax advice. Content on the Service, including the state rules lookup tool, is general information and not legal advice. Consult a licensed attorney or your state real estate commission.

4. Accounts and eligibility

You must be at least 18 years old. Agents must hold an active real estate license in the state where each listing is located and provide their license number, state, and brokerage at signup. Buyers and Sellers access the Service through invitation links and do not create passwords; you are responsible for keeping your links private.

You are responsible for all activity under your account, for keeping your credentials confidential, and for the accuracy of the information you provide. Notify us at info@bindingoffers.com immediately of any unauthorized use. We may suspend or close accounts that provide false information or violate these Terms.

5. Agent rules

As an Agent, you agree that for every listing and Offer Round you:

1. Are the listing agent for the property under a valid listing agreement and are authorized by the Seller to run the Offer Round.
2. Obtain the Seller Consent in Section 6 before any Offer information is disclosed to Buyers. The Service will not open a round without it.
3. Comply with all applicable law, including your state's real estate license law, real estate commission rules, your brokerage's policies, the REALTOR® Code of Ethics if you are a member, and federal and state fair housing laws. You are solely responsible for determining whether an Offer Round is permitted for a given listing in a given state.
4. Treat all Buyers equally. Every invited Buyer receives the same information at the same time through the Service. You will not disclose Offer information to some Buyers and not others, inside or outside the Service.
5. Present every Offer to the Seller promptly, and transmit any Written Offer you receive as required by law.
6. Invite only real Buyers. You will not create placeholder, fictitious, or duplicate Buyer profiles, invite anyone who has not expressed interest in the property, submit Offers on a Buyer's behalf without authority, or otherwise create the appearance of competition that does not exist.
7. Enter maximum offer amounts accurately from documents you have reviewed, keep them confidential, and never disclose a Buyer's maximum amount or auto-raise ceiling to the Seller or any other Buyer.
8. Do not describe the Service as an auction or represent that the highest Offer will be accepted automatically.
9. Are responsible for your subdomain and branding content, which must not infringe others' rights or violate advertising rules for licensees in your state.
10. Do not pay or receive any fee to or from BindingOffers LLC that is contingent on a transaction closing. All fees are flat software fees.

Violation of these rules may result in immediate suspension or termination without refund, and we may report conduct to the relevant licensing authority.

Team Owners are responsible for the conduct of every Agent on their Team Account and represent that each seat is used only by a licensed Agent.

6. Seller Consent

Before an Offer Round begins, the Seller signs the following consent through the Service. The signed name, date, time, and IP address are recorded.

Seller Consent to Offer Round and Disclosure

I am the owner (or authorized representative of the owner) of the property (its address is filled in) and have engaged my listing agent (their name and brokerage are filled in).

I authorize my agent to run an Offer Round on BindingOffers for this property. I understand and agree that:

1. My agent may disclose to every invited buyer the current highest offer price received through the Offer Round, and may disclose that multiple offers exist.
2. Every invited buyer will see the same information at the same time. I authorize equal disclosure to all participants.
3. I am not required to accept the highest offer or any offer. I may accept, reject, or counter any offer, or none, at my sole discretion.
4. No contract is formed through the Service. A sale occurs only if I sign a written purchase agreement.
5. Each offer submitted in the Offer Round will be presented to me as it is received, and I will have read-only access to the round.
6. BindingOffers is a software tool operated by BindingOffers LLC. It is not a brokerage, auction, or escrow service and does not represent me.
7. I have had the opportunity to ask my agent about the benefits and risks of disclosing offer information, including that some buyers may decline to participate.

Signed: [typed name] Date: [date]

7. Buyer terms

When you accept an invitation, you confirm your details, acknowledge the maximum offer amount on file for you (which is never shown to the Seller or other Buyers), and accept these Terms, including the Buyer Disclosure Consent below. Each time you submit or raise an Offer, you sign the Buyer Commitment below. Your typed name, date, time, and IP address are recorded with each.

7.1 Buyer Disclosure Consent

Buyer Consent to Disclosure

I understand that this Offer Round is transparent. I expressly authorize the listing agent, the seller, and BindingOffers to disclose the price of any offer I submit, identified by my initials only, to the seller and to every other buyer participating in this Offer Round. I understand that other buyers' offer prices will be disclosed to me on the same basis. This authorization is given to satisfy any rule in my state that requires the offering party's permission before offer terms are shared, and it applies for the duration of this Offer Round and any best-and-final round that follows.

7.2 Buyer Commitment

Buyer Commitment

By submitting this offer of $[amount] for the property at [address], I commit to delivering a complete written offer at this price and on these terms, directly or through my agent, to the listing agent by the end of the next business day after this Offer Round closes, if my offer is the highest or the seller asks for it. I understand that the seller may accept any offer and is not required to accept the highest. I understand that this submission is a commitment to make a written offer and is not itself a contract to purchase the property. I will not lower or withdraw this offer while the Offer Round is open. If I do not deliver the written offer as committed, my offer may be removed from the round and other participants notified.

7.3 Offers, raises, and deadlines

• An Offer must exceed the current highest offer by at least the minimum increment set by the Agent and may not exceed the maximum amount on file for you.
• Offers may only be raised, never lowered, and cannot be withdrawn while the round is open.
• Rounds close at the deadline the Agent sets, which must be no later than 8:00 PM local time on the closing date. An Offer submitted within the final 15 minutes extends the close by 15 minutes, up to a hard stop of 8:00 PM local time. Offers after the close are rejected.
• The Agent may open a best-and-final round for selected Buyers after the close. The same rules apply.

7.4 Auto-raise

If you set an auto-raise ceiling and increment, you instruct the Service to submit raises on your behalf, up to your ceiling, whenever another Buyer's offer exceeds yours. Each automatic raise is your Offer and carries your Buyer Commitment. Your ceiling is never disclosed to the Seller, the Agent, or other Buyers. A Buyer's Agent may set auto-raise on your behalf only after uploading your signed authorization.

7.5 Buyer's Agents

A Buyer's Agent invited to a round may view the board, submit and raise Offers on the Buyer's behalf, and upload the Written Offer. The Buyer's Agent represents that they are authorized by the Buyer to do so, and the Buyer is bound by Offers the Buyer's Agent submits.

7.6 Backup offers

If the Seller selects another Offer, you may be asked to confirm that you will hold your Offer as a backup for five days. Confirmation is voluntary.

7.7 No verification

BindingOffers LLC does not verify the identity, funds, financing, or good faith of any Buyer, the existence of any other Offer beyond what is recorded in the Service, or any information about the property. Rely on your own inspection, due diligence, and advisors.

8. Offers are not contracts

Nothing submitted through the Service creates a binding contract to buy or sell real property. A contract exists only when the Seller and a Buyer sign a Written Offer or purchase agreement outside the Service under the law of the property's jurisdiction. BindingOffers LLC makes no representation that any Offer is enforceable and has no responsibility for any party's failure to perform.

9. Fees, subscriptions, and cancellation

• Who pays. Only Agents and Team Owners pay for the Service. Buyers and Sellers are never charged.
• Free first round. Each Agent may run one Offer Round on one listing at no charge, without a payment method, subject to the limits shown in the Service. One free round per license number.
• Subscriptions. After the free round, use requires an Agent Pro or Team subscription at the prices shown at bindingoffers.com/pricing at the time of purchase. Subscriptions bill in advance, monthly or annually, through our payment processor, Stripe, and renew automatically until cancelled.
• Cancellation. You may cancel at any time from your billing page. Cancellation takes effect at the end of the current billing period; you keep access until then and retain read-only access to your past rounds and reports afterward. We do not charge cancellation fees.
• Refunds. Fees are non-refundable except where required by law or stated in the Service. If we terminate your account for a reason other than your breach, we will refund the unused portion of any prepaid period.
• Price changes. We may change prices with at least 30 days' notice by email. Changes apply at your next renewal after the notice period.
• Taxes. Prices exclude sales and similar taxes, which we will add where required.
• No transaction-based fees. BindingOffers LLC never charges a percentage of any sale, a success fee, or a referral fee, and never shares in any commission.
• Failed payments. If a renewal payment fails, we will retry and notify you. Access may be suspended until payment succeeds; rounds already in progress will be allowed to close.

9A. Referral program

• How it works. Each Agent has a referral code and link. An Agent who signs up through your link, or who enters your code or name at signup, is your referral. You can’t refer yourself, a second account of your own, or someone who already has an account.
• Rewards. You earn one free month of your own subscription for each referred Agent whose first paid Agent Pro month clears, and six free months for each referred Team account whose first paid month clears. A payment clears when it has been paid and has not been refunded or charged back within 14 days. A referred Agent gets their first month of Agent Pro free if they upgrade within 90 days of signing up; their free first round is unchanged.
• Service credits only. Rewards are credits toward BindingOffers subscriptions. They have no cash value and are never paid out, refunded as cash, sold, or transferred between accounts. Free months are banked, up to 12 at a time, and applied one per renewal to whatever plan you are on; months you earn beyond 12 banked are not added.
• Void rewards. Rewards are void, and we may cancel them, for self-referral, fake or duplicate accounts, referrals obtained through misleading or unsolicited messages, and subscriptions that are refunded or charged back. We may suspend referral privileges for abuse.
• Changes. We may change or end the referral program with 30 days’ notice. Rewards already credited to your account remain yours to use under the terms in effect when you earned them.

10. Text message (SMS) program

Program name: BindingOffers Offer Round Alerts

Description. By providing your mobile number and accepting an invitation, creating an account, or checking the text-message consent box, you agree to receive automated, transactional text messages from BindingOffers from our toll-free number. Messages relate to Offer Rounds you are part of and include: invitation links, notices that a higher offer has been submitted, auto-raise confirmations, deadline reminders and extensions, round results, and backup-offer requests. We do not send marketing text messages without separate opt-in.

How you opt in. Buyers and Buyer's Agents opt in when they accept an invitation and confirm their mobile number. Agents opt in during signup. Consent to receive text messages is not a condition of purchasing any service; you may participate by email only by turning texts off in your settings or replying STOP.

Message frequency varies by round activity. A typical round sends 5 to 20 messages; active rounds may send more.

Message and data rates may apply. Check with your carrier.

Opt out. Reply STOP to any message to stop receiving texts. You will receive one confirmation message and then no further texts, though you will still receive Offer Round notices by email. Reply START to resume.

Help. Reply HELP to any message or email info@bindingoffers.com for assistance.

Carriers. Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier availability.

Privacy. Mobile numbers and text-message consent are used only to deliver these messages and are never sold or shared with third parties for their marketing. See our Privacy Policy at bindingoffers.com/privacy.

11. Email and marketing communications

We send transactional email (invitations, notices, receipts, security notices) to everyone who uses the Service; these are part of the Service and cannot be turned off while you have an active account or round.

By creating an account or accepting an invitation, you also agree that BindingOffers LLC may use your name and email address to send you marketing about BindingOffers and about other products and services offered by BindingOffers LLC. Every marketing email includes an unsubscribe link, and you can also opt out at info@bindingoffers.com. Unsubscribing from marketing does not affect transactional messages. We do not sell your contact information.

12. Privacy, cookies, and analytics

Our Privacy Policy at bindingoffers.com/privacy explains what we collect and how we use it. In summary:

• We use Google Analytics and similar tools to understand how the Service is used. These tools set cookies and collect usage data such as pages visited, device type, and approximate location. You can opt out of Google Analytics with Google's browser add-on or by adjusting your cookie preferences where offered.
• We use cookies for login sessions, security, and preferences.
• Offer Round records, including offers, consents, commitments, and the audit log, are retained for [seven] years so that Agents, Sellers, and Buyers have a reliable record. Agents and Sellers can export them.
• We share data with service providers who help us operate the Service (payment processing, email and text delivery, hosting, analytics) under contracts limiting their use of it, and with authorities when required by law.
• If you are a California resident or otherwise entitled to data rights, the Privacy Policy explains how to exercise them.

13. Your content

You keep ownership of the content you submit (listing details, photos, documents, branding, offers, messages). You grant BindingOffers LLC a non-exclusive, worldwide, royalty-free license to host, store, display, transmit, and reproduce that content as needed to operate, secure, and improve the Service, to generate reports and graphics you request, and to comply with law. You represent that you have the rights to submit it, including the right to use listing photos, and that it is accurate.

We may use aggregated, de-identified data from Offer Rounds (for example, average percentage over list price by region) for research, product improvement, and published statistics. We will not identify any person, property, or brokerage in published statistics without permission.

14. Prohibited conduct

You may not:

• Use the Service in violation of any law, license rule, or fair housing law, or in a state where an Offer Round is not permitted for a listing.
• Create fake, duplicate, or unauthorized Buyer profiles or submit Offers you are not authorized to make.
• Disclose another participant's maximum amount, auto-raise ceiling, or identity beyond initials, or share invitation links with people who were not invited.
• Harass, threaten, or discriminate against any participant, or send messages unrelated to the round.
• Access the Service by automated means, scrape it, probe its security, or interfere with its operation.
• Reverse engineer, copy, resell, or sublicense the Service, or use it to build a competing product.
• Misrepresent your identity, license status, or affiliation, or impersonate any person or brokerage.
• Use the Service to send unsolicited messages or for any purpose other than organizing offers on a listing.

15. Intellectual property

The Service, including its software, design, text, graphics, logos, and the BindingOffers name and marks, is owned by BindingOffers LLC or its licensors and is protected by copyright, trademark, and other laws. These Terms grant you a limited, revocable, non-transferable right to use the Service as intended. You may not use our name or marks without written permission, except that Agents may state that they use BindingOffers.

If you send us feedback or suggestions, we may use them without obligation to you.

16. Third-party services

The Service relies on third-party providers, including Stripe for payments, Twilio for text messages, and email delivery and hosting providers. Their terms apply to their services. We are not responsible for third-party outages, and listing information imported from third-party sources is provided for convenience; you are responsible for confirming it is correct before publishing a round.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BINDINGOFFERS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MESSAGES WILL BE DELIVERED ON TIME, THAT ANY OFFER IS GENUINE OR ENFORCEABLE, THAT ANY BUYER WILL PERFORM, THAT ANY SALE WILL OCCUR OR AT ANY PRICE, OR THAT USE OF THE SERVICE COMPLIES WITH THE LAW OF ANY JURISDICTION. INFORMATION ABOUT STATE RULES IS GENERAL INFORMATION, MAY BE OUT OF DATE, AND IS NOT LEGAL ADVICE.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BINDINGOFFERS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST COMMISSIONS, LOST SALES, LOSS OF A TRANSACTION, OR LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF BINDINGOFFERS LLC TO YOU FOR ALL CLAIMS OF ANY KIND ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) IN TOTAL, REGARDLESS OF THE NUMBER OF CLAIMS, ROUNDS, OR TRANSACTIONS INVOLVED OR THE AMOUNT OF FEES YOU HAVE PAID. THIS CAP IS AN ESSENTIAL PART OF THE BARGAIN, AND YOU ACKNOWLEDGE THAT THE SERVICE WOULD NOT BE OFFERED AT ITS PRICE WITHOUT IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

19. Indemnification

Agents and Team Owners agree to defend, indemnify, and hold harmless BindingOffers LLC and its members, managers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) arising from: your Offer Rounds and listings; your violation of these Terms, any law, or any licensing rule; any dispute between you and a Seller, Buyer, Buyer's Agent, or brokerage; content you submit; or any claim that an Offer Round constituted an auction or unlicensed activity in your jurisdiction.

20. Suspension and termination

We may suspend or terminate your access at any time for violation of these Terms, suspected fraud or fake participants, legal risk, or non-payment, with notice where practical. You may close your account at any time. On termination, your subscription ends per Section 9, your right to use the Service ends, and Sections 8 and 13 through 23 survive. Offer Round records are retained per Section 12 so that other participants keep their records; you may request a copy of your data before closing your account.

21. Dispute resolution

Governing law. These Terms are governed by the laws of the Commonwealth of Florida, without regard to conflict-of-law rules.

Informal resolution first. Before filing a claim, you agree to email legal@bindingoffers.com describing the dispute and give us 30 days to resolve it.

Arbitration. Any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, in Miami-Dade County, Florida, or by video. Either party may instead bring an individual claim in small claims court. Claims for injunctive relief regarding intellectual property or unauthorized access may be brought in court.

Class action waiver. You and BindingOffers LLC agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action.

Opt-out. You may opt out of arbitration by emailing legal@bindingoffers.com within 30 days of first accepting these Terms.

22. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and BindingOffers LLC regarding the Service.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including carrier or hosting outages.
• Notices. We may notify you by email to the address on your account. Notices to us go to legal@bindingoffers.com or BindingOffers LLC, 936 SW 1ST AVE, #101, Miami, FL, 33130.
• Export and sanctions. You represent that you are not located in, or a national of, a country subject to U.S. embargo, and are not on any U.S. restricted-party list.
• Electronic signatures. You agree that typed-name signatures, checkbox acceptances, and other electronic records in the Service have the same effect as handwritten signatures under the federal ESIGN Act and applicable state law.

23. Contact

BindingOffers LLC
936 SW 1ST AVE
#101
Miami, FL, 33130
info@bindingoffers.com

Contact

BindingOffers LLC, a Florida limited liability company
hello@bindingoffers.com