📜Terms Of Service
PayPer Showing End User
License Agreement
USER ELIGIBILITY AND RESPONSIBILITIES
Application Usage Limited to Specific User Groups: To utilize PayPerShowing, you are required to be either a Verified Pre-Approved Buyer, Showing Assistant, Property Management Company, or Brokerage. A "PayPerShowing User"is defined as an individual or entity that employs PayPerShowing to engage a verified, licensed real estate agent for accessing residential real estate property for a buyer, potential tenant, investor, client, agent, or for personal use. A "PayPerShowing Assistant" refers to a licensed real estate agent or broker with an active license in any U.S. state or territory, who is legally capable of assisting in real estate transactions for both sellers and buyers using the Multiple Listing Service governed by the National Association of Realtors. "Brokerage"designates a properly licensed real estate brokerage that uses the PayPerShowing.com platform to manage its operations and support its agents who act as Showing Assistants or PayPerShowing.com Agents. Both PayPerShowing Users and PayPerShowing Assistants associated with a Brokerage are recognized as "Real Estate Agents."
CUSTOMER ACKNOWLEDGEMENT: Irrespective of your classification as a “User or PayPer Showing Assistant”, by selecting “I Agree”, you confirm your understanding and acceptance of this Agreement and the Privacy Policy. You CERTIFY THAT YOU ARE AT LEAST 18 YEARS OLD or of legal age to form a binding contract and consent to abide by the terms of this Agreement, including any future amendments. Engaging with “PayPerShowing.com” signifies your agreement to be governed by this Agreement and any revisions thereto. SHOULD YOU DISAGREE WITH THE TERMS OF THIS AGREEMENT OR ARE UNABLE TO UPHOLD THE REPRESENTATIONS AND WARRANTIES SET FORTH, YOU MUST CEASE USING PayPerShowing.com IMMEDIATELY. This Agreement supersedes any prior agreements or understandings regarding your use of PayPerShowing.com.
LICENSURE AND IDENTITY VERIFICATION: During your attempts to access or use the PayPerShowing.com platform, you may undergo a verification process including identity and real estate licensure checks via DBPR. Although PayPerShowing.com strives to ensure the accuracy of these verifications, it cannot guarantee the veracity of any user’s identity or licensure status. As such, PayPerShowing.com disclaims any liability for the accuracy or reliability of the verification outcomes. Real estate agents known as “Showing Assistants”are required to comply with all applicable local, state, and federal laws, as well as the Rules and Regulations of their state Real Estate Commission.
Supplementary Conditions for PayPerShowing Assistants and Users
In addition to the general terms outlined in this Agreement, those serving as PayPerShowing Assistants are bound by the following conditions:
If you are represented by a Licensed Real Estate Agent or have entered into an Exclusive Agency Agreement, you confirm that your agent approves of your use of the PayPerShowing.com platform.
You agree that the PayPerShowing Assistant is NOT acting as your Real Estate Agent and is not authorized to engage in detailed discussions or answer queries related to real estate matters such as pricing, market conditions, neighborhoods, property condition, or any other specifics typically handled by a Licensed Real Estate Agent, unless explicitly requested by you or your agent.
Licensing and Ethical Compliance: You affirm that you are a Licensed Real Estate Agent and adhere to the Realtor Code of Ethics.
Non-Solicitation Agreement: You agree not to solicit PayPerShowing Users at any point before, during, or after the property showing process. This helps maintain professionalism and integrity within the PayPerShowing service.
Operational Duties: As a PayPerShowing Assistant, your responsibilities include following directives from both the PayPerShowing system and the MLS instructions provided by the listing agent, ShowingTime or the Homeowner.. This specifically involves ensuring appropriate access to properties as mandated by the PayPerShowing system, MLS listing instructions, the listing agent, or Showingtime. You are tasked with assisting, referred to herein as the "PayPerShowing User," which includes managing the entry to and exit from properties as outlined by the Designated Listing Agent and specific property instructions. All Realtor standards are expected to be followed per Realtor Code of Ethics.
Time Commitment: You are obliged to remain at the property as designated by the PayPerShowing system for the entire duration requested by the PayPerShowing User unless clearly informed otherwise. You certify that your credentials are verified and in compliance with local laws and brokerage regulations, confirming your eligibility to offer your services via the PayPerShowing.com Platform has been officially approved and validated.
These stipulations ensure that PayPerShowing Assistants operate within the bounds of professional standards and legal compliance, thereby maintaining the integrity and efficacy of the PayPerShowing.com service platform.
As a PayPerShowing Assistant, you are subject to specific guidelines and expectations:
Agency Relationship: You acknowledge that your services for any Designated PayPerShowing User do not create an agency relationship with the Designated PayPerShowing User or interfere with your relationships with your own personal clients. You agree to sign any documents necessary to clarify this non-representation if requested.
Waiver of Claims: By accepting these terms, (1) You; PayPerShowing Assistant (Realtor) waive any claims that your services were the determining factor, or "procuring cause," that led to the sale of a property.
Payment Handling: Once services are completed or upon the Designated PayPerShowing User's payment of the service fee, payments will be directly processed to the account you've specified. This ensures a timely and efficient transaction process.
Gratuities: Should you choose to leave a gratuity for your PayPerShowing Assistant, rest assured that 100% of your tip will be directly allocated to your Showing Assistant, acknowledging their service. Thank You! .
Direct Payments: Unless your brokerage specifies otherwise, you are eligible to receive direct payments, in compliance with all applicable laws and good faith practices. By choosing direct payment, you confirm that this arrangement adheres to local laws and, where applicable, brokerage policies.
Brokerage Payments: If you or your brokerage opt for direct payments from PayPerShowing.com and the necessary permission forms are completed, payments will be directed to the designated brokerage. It is your responsibility to ensure the accuracy of the payment details provided and that your brokerage is capable of processing and distributing these payments appropriately.
Relationship Acknowledgment: You recognize that PayPerShowing Users do not have any agency, partnership, contractor, or employment relationship with PayPerShowing.com, maintaining the platform's role as a facilitator rather than a participant in real estate transactions.
By adhering to these guidelines, you help ensure a trustworthy and efficient service environment for all parties involved in the PayPerShowing platform.
Guidelines and Requirements for PayPerShowing Assistants
As a PayPerShowing Assistant, you are required to adhere to the following specific conditions to ensure the smooth operation and integrity of the PayPerShowing.com services:
Agency Role: You are not acting as an agent or sub-agent for the Designated PayPerShowing user or PayPerShowing buyer.
Communication Limits: You should refrain from engaging in detailed discussions or responding to queries about real estate matters with a PayPerShowing User unless explicitly requested by the Designated PayPerShowing User.
Non-Solicitation: You are prohibited from soliciting or attempting to contact any client/user of PayPerShowing.com for reasons not related to performing your designated PayPerShowing Assistant Services. Known solicitation of business may lead to termination of service.
Payment Processing: Payments will be processed following the completion of services, as requested by a PayPerShowing User. While PayPerShowing.com aims to process all payments within 24 hours post-service completion, it may take several days for the transaction to be reflected in your account.
Automatic Payment Processing: Payments due will be automatically processed by STRIPE ( https://stripe.com/legal/ssa ) (or an alternative payment processor utilized by PayPerShowing.com), minus any applicable fees, directly to the account you have provided.
Cancellation Policy for PayPerShowing
Non-refundable Booking Fee: All appointments booked through PayPerShowing require a non-refundable booking fee of 1 token ($10). This fee is directly applied toward the total cost of the service if the appointment proceeds as planned.
User Cancellation Terms:
Grace Period: Users may cancel their appointment without any additional charge within 30 minutes of scheduling.
Standard Cancellations: If a cancellation occurs more than 24 hours before the scheduled appointment, no additional fees are charged beyond the non-refundable booking fee.
Late Cancellations:
12 to 24 hours notice before the appointment results in a charge of 1 token (20% of the service fee).
Less than 12 hours notice incurs a charge of 2 tokens (40% of the service fee).
Cancellations made less than 1 hour before the scheduled time or in case of a no-show result in a charge of 3 tokens (60% of the service fee).
Cancellation Credits: Any tokens charged to users for cancellations are converted into credits for the Showing Assistant. These tokens can be used by Showing Assistants to offer discounts or free showings to clients in future transactions.
Showing Assistant Cancellation Terms:
Assistant Accountability: If a Showing Assistant cancels or fails to show up for an appointment, they are charged 5 tokens ($50), equivalent to the full service fee.
Reimbursement and Compensation: The user will be fully reimbursed for the cancellation, and as compensation for the inconvenience, will receive an additional 2 tokens ($20) from the tokens charged to the Showing Assistant.
Token Redistribution: The remaining tokens charged to the Showing Assistant will be held as credits in their account to be used for future service offerings or to compensate other clients as a goodwill gesture.
Emergency and Dispute Resolution:
Flexibility for Emergencies: PayPerShowing recognizes that emergencies occur. Cancellation fees may be waived in the event of a verifiable emergency. Users and Showing Assistants are required to provide proof of such emergencies to qualify for this exemption.
Dispute Resolution: PayPerShowing offers a dispute resolution service to handle any disagreements that arise from cancellations. This process is designed to ensure fairness and maintain trust between all parties.
Reminder Notifications: PayPerShowing will send automatic reminders to both users and Showing Assistants 24 hours and 1 hour before the scheduled appointment to minimize the risk of cancellations and no-shows.
General Provisions:
Users and Showing Assistants “Agree” that by using the PayPerShowing platform, they accept these cancellation terms. The terms outlined here are intended to ensure a reliable, respectful, and equitable environment for all parties involved.
As part of your acceptance of this Agreement, if you are operating as a PayPerShowing Assistant, you agree to the following stipulations:
Professional Licensing and Ethical Compliance: You affirm that you are a Licensed Real Estate Agent and that you adhere strictly to the Realtor Code of Ethics.
Local Law Compliance: You guarantee that you have reviewed your local regulations (and consulted with your brokerage where necessary) and that you are, in good faith, permitted to use the PayPerShowing.com platform to offer PayPerShowing Assistant services.
Platform Use Without Brokerage Affiliation: If neither you nor any Relevant PayPerShowing Assistant is employed by or affiliated with a private brokerage, you commit to using the PayPerShowing.com platform solely to enable access to properties as specified by the PayPerShowing User for viewings, or as directed by the PayPerShowing system, the listing agent, or Showingtime.
These additional terms are designed to ensure that all interactions on the PayPerShowing.com platform are conducted within the bounds of legal and ethical standards, enhancing trust and professionalism in the services provided.
ADDITIONAL TERMS for PayPerShowing USERS
As a PayPerShowing User, in accordance with this Agreement, you are required to adhere to the following specific provisions:Agent Representation and Platform Use:
If you are represented by a Licensed Real Estate Agent or have entered into an exclusive agency agreement, you confirm that your agent approves of your use of the PayPerShowing.com platform.
You agree that the PayPerShowing Assistant is not acting as your Real Estate Agent and is not authorized to engage in detailed discussions or answer queries related to real estate matters such as pricing, market conditions, neighborhoods, property condition, or any other specifics typically handled by a Licensed Real Estate Agent, unless explicitly requested by you or your agent.
Non-Representation Documentation:
You may be provided with non-representation or non-agency forms, or similar documents by the Relevant PayPerShowing Assistant. These documents are intended to clarify that the PayPerShowing Assistant does not hold a representative role.
You agree to sign any such non-representation, non-agency forms, or similar documents when such is requested by PayPerShowing.com or another PayPerShowing User to ensure clear understanding and compliance with the operational boundaries set by the platform.
ADDITIONAL TERMS FOR BROKER CONTROL
In accordance with this Agreement, including the Specific Terms for PayPerShowing Assistant Users and/or PayPerShowing Users if applicable, any user operating as a Brokerage Agent agrees to the following:
Access to Information:
As a Brokerage Agent, you recognize that your Brokerage has access to all details regarding showings and reports. This access extends to any information provided by you, entered by others about you, or generated through the PayPerShowing system.
Your Brokerage retains the authority to add or remove you as a Showing Assistant based on their assessment and operational needs.
Brokerage Controls:
As a Brokerage Agent, you understand that your Brokerage may have the capability to perform the following actions:
Monitor and Manage Showings: Track and manage the details of all property showings you are involved in.
Edit Agent Profiles: Make changes to or update information on your PayPerShowing profile as necessary.
Access Reports: View and analyze performance and activity reports related to your showings to better understand business operations.
Control Representation: Decide on your involvement in specific transactions or client interactions based on brokerage policies and client needs.
ADDITIONAL TERMS FOR BROKER CONTROL (Continued)
As a Brokerage Agent, your Brokerage possesses the authority to engage in the following activities within the PayPerShowing.com platform:
Overview of Showings: Monitor all the showings you have requested as a PayPerShowing User or completed as a PayPerShowing Assistant, including detailed reports of your activities on PayPerShowing.com.
Payment Management: If applicable, receive all payments for showings you have completed as a PayPerShowing Assistant and be responsible for remitting these payments to you.
Showing Restrictions: Limit your engagements to only accept showings from non-represented buyers who confirm they have not signed an exclusive buyer agency agreement.
Scheduling Assistance: Schedule you for specific showings as a PayPerShowing Assistant.
Service Requests: Request PayPerShowing Assistant services on your behalf.
Feature Utilization: Access and utilize additional features as outlined at https://paypershowing.com.
Brokerage Payments: If your Brokerage has informed PayPerShowing.com that all payments for its Brokerage Agents are to be processed through the Brokerage, PayPerShowing.com will remit all payments for showings directly to your Brokerage. It is your responsibility to arrange with your Brokerage how these payments will be disbursed to you.
Brokerage Changes: If your Brokerage discontinues its use of the PayPerShowing platform or removes you as a Brokerage Agent, you must consult with your Brokerage to determine if you are still permitted to use the PayPerShowing.com platform. In such cases, PayPerShowing.com will provide you with the option to continue accessing the platform as a user who is not designated as a Brokerage Agent.
**Access Restrictions for Authorized Participants:** The application is designed solely for use by PayPerShowing Users, PayPerShowing Assistants, and Brokerages, defined as follows: A “PayPerShowing User” is any person or entity that engages a licensed real estate professional via the Web Application to view and evaluate a residential property for a potential purchase, lease, inspection, appraisal for their own personal interest or on behalf of another party. This includes those using the Web Application directly for arranging property viewings.
“PayPerShowing Assistant” is a licensed real estate agent or broker in the United States who uses the Application to arrange and conduct property viewings for PayPerShowing Users, providing a service that is immediate and free from any obligation to proceed with a transaction.
“Brokerages” are recognized real estate firms (either as individuals or entities) that manage their agents through the PayPerShowing.com platform, ensuring they meet PayPerShowing standards and coordinate property showings as required by Users.
**Consent and Acknowledgment by Users:** By using the Application, regardless of your designated role, and selecting ACCEPT, you (A) acknowledge and agree to be bound by this User Agreement and the related Privacy Policy; (B) CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE or legally able to form binding contracts, AND (C) agree to comply with all terms and conditions outlined in this Agreement, including any updates or modifications. Use of the Application implies adherence to these terms. IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT MAKE THE REQUIRED DECLARATIONS AND WARRANTIES, YOU MUST CEASE USING THE WEB-APPLICATION IMMEDIATELY. This Agreement replaces any previous discussions or agreements related to the use of the PayPerShowing.com platform.
**Verification Process:** Usage of the PayPerShowing.com platform may require a verification process that includes identity checks and real estate licensure confirmation through external agencies (“Credential Verification”). Although PayPerShowing.com strives to perform comprehensive Credential Verifications, it does not guarantee the complete accuracy of any user’s identity or licensure status. Consequently, PayPerShowing.com is not liable for the verification outcomes.
**Communications and Notifications:** You agree to receive all documents, notifications, disclosures, and other communications (collectively, “Notices”) associated with this Agreement in electronic form. This may include emails, texts, SMS, or direct postings on the Application via banners or other methods. You accept that all such electronic Notices fulfill any legal requirement that communications be in writing.
**PayPerShowing Assistant Services**A PayPerShowing User may initiate a request for property showing services from a PayPerShowing Assistant on the PayPerShowing.com platform, specifying the property and preferred showing time. This request will be available to all PayPerShowing Assistants on the platform until one confirms their availability to perform the service (“Selected PayPerShowing Assistant”). PayPerShowing Users acknowledge that the Selected PayPerShowing Assistant, along with all PayPerShowing Assistants, operates independently and does not represent any other parties when conducting showings on behalf of the PayPerShowing User.
Only Licensed Real Estate Agents are authorized to offer services as PayPerShowing Assistants and participate on the PayPerShowing.com platform in this role. Users who fail to complete the necessary Real Estate License verification process, providing only identification, will be precluded from accessing PayPerShowing Assistant functionalities due to non-compliance with licensing requirements.
PayPerShowing Users agree to pay for services as delineated on the PayPerShowing.com platform for engagements made with a PayPerShowing Assistant, with payments processed through STRIPE (or another designated payment processing service utilized by the company). If the Selected PayPerShowing Assistant cancels before fulfilling the service, no fees are charged. Cancellations or changes by the PayPerShowing User within ten minutes of the PayPerShowing Assistant's acceptance do not incur a charge, and processed payments will not be refunded. Cancellations made more than ten minutes but less than two hours before the scheduled showing are subject to a cancellation fee of $10. Cancellations occurring within 30 minutes of the scheduled time will incur a 50% charge of the requested services.
PayPerShowing.com does not manage, direct, control, or evaluate the services provided by PayPerShowing Assistants in any capacity. PayPerShowing.com expressly disclaims all liability and responsibility for the services rendered and the conduct during showings, to the maximum extent permissible by law. This includes, but is not limited to, any warranties or conditions of professional skill, service quality, fitness for a particular purpose, or compliance with any laws, regulations, or codes.
Purpose & Licensing of PayPerShowing.com Affiliates
Scope of Web-Application Use, License, and Accessibility: PayPerShowing.com operates as a comprehensive digital marketplace accessible via various platforms, including mobile Web-applications and web-based interfaces. Its primary function is to facilitate connections between PayPerShowing Users and other participants, enabling the receipt of real estate services. PayPerShowing.com grants a restricted license to access and use the platform for these specific purposes, detailed further in the License agreement and Restrictions section that follows.
You acknowledge that your ability to explore, secure, or offer PayPerShowing Assistant Services through the PayPerShowing.com platform does not establish PayPerShowing.com as the initiator or provider of these or any other real estate-related services. Instead, PayPerShowing.com simply facilitates these connections through its Web-Application.
**YOU AGREE TO UTILIZE THE PAYPERSHOWING.COM WEB-APPLICATION SOLELY AS INTENDED:** To bridge the gap between PayPerShowing Users and PayPerShowing Assistants, both of whom must verify their licensure to provide real estate services. You understand that PayPerShowing.com does not guarantee the accuracy or veracity of users' representations, including the commitment of a PayPerShowing Assistant to deliver agreed-upon services, nor does it ensure that a PayPerShowing Assistant will refrain from sharing competitive insights or soliciting business in ways that might breach this agreement. Consequently, both PayPerShowing Users and PayPerShowing Assistants (and their respective brokerages, if applicable) are advised to perform thorough due diligence before entering into service agreements.
Additionally, you acknowledge that PayPerShowing.com and its platform do not directly engage in showing, selling, or assisting in the buying or selling of real estate, nor do they provide any real estate services directly. PayPerShowing.com is not responsible for the actions or communications of its users, due in part to its lack of control over the quality, timing, legality, and execution of PayPerShowing Assistant Services.
Moreover, it is important to recognize that PayPerShowing Users and PayPerShowing Assistants **DO NOT ACT** as agents, apparent agents, ostensible agents, partners, contractors, or employees of PayPerShowing.com.
License Provision and Restrictions
Rights Given Under the terms of this Agreement, PayPerShowing.com provides you a limited, non-exclusive, and non-transferable license. This license allows you to access and use the Web-Application online or through downloading, installing, and operating it on any device that you own or control as your own personal property, while strictly adhering to this Agreement.
Usage:This license additionally allows you to access, stream, download, and/or use the PayPerShowing.com platform as it is made available or accessible through the Web-Application, strictly conforming to this Agreement, the Privacy Policy, and any other associated terms of the PayPerShowing.com platform.
Prohibitions Under This License: You are not authorized to engage in any of the following actions:
Reverse Engineering: It is forbidden to reverse engineer, disassemble, decompile, decode, or attempt to derive the source code of the Web-Application or any part thereof.
Intellectual Property Misuse: You must not delete, alter, or obscure any trademarks, copyrights, patents, or other intellectual property or proprietary rights notices attached to the Web-Application.
Creating Modifications or Derivatives: You may not modify, translate, adapt, or create derivative works or enhancements of the Web-Application, whether patentable or not.
Security Circumvention: You are prohibited from removing, disabling, bypassing, or circumventing any copyright protection, rights management systems, or security measures that protect the Web-Application.
Illegal Use of the Web-Application may not be used in any way that infringes, misappropriates, or violates any intellectual property right or other right of any entity, or in any manner that violates any applicable law.
Copying or Replicating of the Web-Application is prohibited unless explicitly allowed under this license.
Redistribution and Sharing: You are not permitted to rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Web-Application available to others, including over a network where it could be used on multiple devices.
License Limitations and Termination: This Agreement specifies that the Web-Application is provided under a license, not sold to you. PayPerShowing.com reserves the right to terminate this license at any time with or without notice. You may also terminate this license by deleting your account associated with the Web-Application. Importantly, you are granted no ownership rights in the Web-Application; your rights are limited to using the Web-Application in accordance with the terms of this license and all applicable conditions.
Rights Given under the terms of this Agreement, PayPerShowing.com provides you a limited, non-exclusive, non-transferable license that is non-exclusive and monitored by PayPerShowing.com. This license allows you to access and use the Web-Application online or through downloading, installing, or operating it on any device that you own or control, strictly adhering to this Agreement.
Here’s a revised version of the "Gathering and Utilizing Your Data" section with some modifications to word choice and sentence structure:
Gathering and Utilizing Your Data: You acknowledge that by downloading, installing, or using the Web-Application, the Company may use automated tools such as cookies and web beacons to collect data about your device and your interactions with the Web-Application. Additionally, you may need to provide specific personal details as a condition to download, install, or access the Web-Application and its full features. The Web-Application may also present opportunities to share your personal information with third parties. All data collection through this Web-Application is governed by our Privacy Policy. By downloading, installing, interacting with, and providing information to or through this Web-Application, you consent to our handling of your data consistent with the Privacy Policy.
Account Security and Confidentiality: If you select or are assigned a username, password, or any other piece of identification, you are responsible for keeping this information confidential and not sharing it with others. You must acknowledge that your account is personal to you and agree not to provide access to this Web-Application using your identification credentials to others. If there is any unauthorized use of your username, password, or a security breach, immediate notification to the company is required. You should exercise extra caution when accessing your account from public or shared devices so that others cannot view or record your password or other personal information.
Rights to Deactivate User: PayPerShowing.com retains the right to remove and terminate any username, password, or other identifiers, whether chosen by you or created by us, at our discretion and for any reason, especially in the case of any breach of this Agreement, as determined by us.
User Commitments and Guarantees
Compliance and Permissions:
As a user of PayPerShowing.com, you confirm that you have obtained any necessary permissions from your brokerage or clients to engage on the platform, whether as a PayPerShowing User or Assistant.
You affirm that you are licensed as a Real Estate Agent in the states where you intend to provide PayPerShowing Assistant services.
Agreement and Conduct:
You agree to adhere to all terms and conditions specified in this Agreement and any related addendums.
Your interactions on the platform will not be used to solicit employment or persuade other users to terminate their current employment arrangements.
You will maintain professional and responsible behavior in all interactions with other users, adhering to the National Association of Realtors Code of Ethics available at
Legal and Ethical Compliance:
You possess the legal authority, right, and capacity to enter into this Agreement and commit to complying with its terms.
Your actions on the PayPerShowing.com platform will consistently comply with all applicable federal, state, local, or international laws and regulations.
You will respect the privacy, property, and data protection rights of other users and individuals for whom you provide services.
Content Standards: You agree not to submit User Contributions that PayPerShowing.com, in its sole discretion, determines to be defamatory, slanderous, malicious, excessively violent, indecent, illicit, or otherwise offensive or illegal, regardless of any legal protections those materials may possess.
Account Accuracy and Commitments:Your account will accurately reflect your true, legal name, and confirm that you have reached the age of 18 years or older.
Commitments made to other users will be fulfilled, ensuring transparent, timely communication and availability at mutually agreed times.You agree to respect and act in accordance with local, state, provincial, national, or international laws or customs in good faith.
Indemnification:You undertake to indemnify, defend, and hold harmless the Company and its executives, directors, employees, representatives, affiliates, successors, and assigns from any losses, damages, liabilities, claims, legal actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses, including attorney fees, arising from or related to your breach of the User Representations and Warranty terms. This includes, but is not limited to, any claims by parties or non-parties related to inappropriate use of the platform or breaches of this Agreement.
Additionally, you acknowledge that PayPerShowing.com disclaims any liability for the content you upload or distribute via the platform.
Your Commitments, Contributions, and Data
Accuracy and Integrity of Information: In your use of the PayPerShowing.com platform, you confirm that all information you provide is accurate and truthful to the best of your knowledge. This pertains to your personal details, uploaded content, and interactions within the platform. You commit to maintaining the integrity of the information shared, ensuring that it respects the rights of others, complies with all applicable laws, and adheres to the respectful and lawful utilization of the service.
Licensing of Your Content: By posting content on or in connection with PayPerShowing.com, you grant the platform a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use such content. This license covers the rights to copy, modify, distribute, publicly display, and process the information and content you provide, all within the boundaries of your privacy and application settings.
Platform Monitoring and Content Management: While PayPerShowing.com is not obligated to monitor the content you supply and does not assume responsibility for its accuracy, legality, or compliance with our terms, the platform retains the right to remove or restrict access to any content that breaches these terms or applicable laws.
Prohibited Content and Activities: You agree not to post, share, or distribute content that:
- Infringes on copyrights, trademarks, or other third-party proprietary rights, unless you own these rights or have permission from their rightful owner to post the material and to grant PayPerShowing.com the necessary licensing rights.
- Involves unauthorized or unsolicited advertising, junk or bulk email ("spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Contains software viruses or any other computer codes, files, or programs that are designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Consequences of Non-Compliance: Failure to comply with these commitments may lead to the termination of your access to the platform and could result in legal action against you.
Definition and Responsibility
User Contributions include all forms of textual or visual content that you provide to the PayPerShowing.com platform, or in any form to PayPerShowing.com, its affiliates, or other users as part of your engagement with the service. This encompasses, but is not limited to, any content you submit as a PayPerShowing User for any purpose. You are entirely responsible for your User Contributions, with the Company acting only as a passive conduit for the online sharing and publication of your submissions.
Rights and Permissions:
By posting content on the PayPerShowing.com platform, you grant the company a global, perpetual, irrevocable, assignable, sublicensable, royalty-free license to use, modify, share, and leverage your User Contributions in any manner necessary to fulfill the intended presentation of such contributions. You understand and agree that PayPerShowing.com does not create or shape User Contributions and disclaims all liability associated with them. The platform is not responsible for any claims related to User Contributions and has no obligation to monitor or review User Contributions but reserves the right to remove or restrict them at any time for any reason, particularly if they violate this Agreement.
User Warranties: You warrant and represent that:
You own all User/Agent contributions or have obtained all necessary licenses, rights,, consents, and permissions needed to allow PayPerShowing.com to use your contributions as specified above.
Neither the User or Agent contributions nor the submission, posting, publication, or other such contributions, nor PayPerShowing.com’s use of the User/agent contributions as permitted herein, will infringe, misappropriate, or violate protected or copyrighted intellectual property or proprietary rights, or rights of privacy or publicity, or result in the violation of any regulation or applicable law.
Terminating Your Account: You have the option to request the deletion of your account at any time. Following such a request, the Company may retain records linked to your account for archival purposes. This can include personal details, records of showings you have participated in, payments received, and other financial transactions, all in accordance with PayPerShowing.com's Privacy Policy.
PayPerShowing Payment Systems
Processing of Payments: On the PayPerShowing.com platform, payment services for PayPerShowing Users, PayPerShowing Assistants, and those utilizing the Brokerage Solution are facilitated through Stripe ( https://stripe.com/ ). This is governed by the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively known as the “Stripe Services Agreement”)( https://stripe.com/legal/ssa ) By accepting this Agreement or continuing to use the PayPerShowing.com platform and/or Brokerage Solution, you agree to comply with the Stripe Services Agreement, which may be amended by Stripe from time to time. Additionally, you are obligated to provide accurate and complete information about yourself and your business to enable Stripe's payment processing services. You also consent to ( PayPerShowing.com ) sharing this information along with transaction data related to your use of Stripe’s payment services. Any disputes regarding payments must be communicated to PayPerShowing.com within fourteen (14) days of the payment's processing date; otherwise, it will be assumed that you have accepted the payment. Furthermore, PayPerShowing.com reserves the right to switch payment processing services at any time, at its sole discretion, and you may be required to agree to the terms of a new service agreement.
Pricing Adjustments: PayPerShowing.com reserves the right to change the pricing for services and fees and will notify you before any changes take effect. Any price changes will become effective immediately after we announce them. If you continue to use the PayPerShowing.com platform after a price change, it implies your acceptance of the new pricing. If you disagree with a pricing change, you must cancel your account with the affected service before the new pricing takes effect. The tax rates applicable to your charges will be based on the information you provide and the applicable tax rate at the time your monthly charge is processed.
Cancellation of Authorization: You may revoke your authorization at any time by contacting PayPerShowing.com at https://paypershowing.com/contact. It is crucial to keep your credit/debit card and billing information current by logging into your account at https://paypershowing.com. Failure to update your payment information, resulting in PayPerShowing.com's inability to process charges on your credit card or debit withdrawals for dues on your account, may lead to late fees, returned item fees, or charges imposed by your bank. PayPerShowing.com is not responsible for any losses you may incur due to inaccurately billed payments or delays in charging your account or credit card.
PayPerShowing.com also retains the authority to modify these terms or discontinue this program at its discretion, and such changes may be communicated along with your invoice or through other communication methods.
Web-App Details
Cancellation and Billing Information: You can cancel your service at any time by contacting PayPerShowing.com. It is crucial to keep your credit/debit card and billing information updated by logging into your account at https://paypershowing.com. Failure to update your payment information may result in PayPerShowing.com's inability to process charges, which could lead to late fees, returned item fees, or additional charges imposed by your bank. PayPerShowing.com is not liable for any losses due to inaccurately billed payments or delays in the processing of charges on your account or credit card.
Accessing the Platform: You can access the Web-Application through the website at www.paypershowing.com ("Website") and by downloading the mobile Web-App to your device. The Website and the Web-App host the same products, services, and content. To use certain features of the PayPerShowing.com platform, you must accept this Agreement and the Privacy Policy and/or establish an account. Non-compliance with these requirements may restrict your access to specific functionalities of the Web-Application.
Geographical Limitations: The PayPerShowing.com platform is operated from within the United States and is intended exclusively for users within the country. If you access the platform from outside the United States, you must ensure that you comply with the laws of your locality, as access to the entire platform or parts of it may not be legal or feasible for individuals in certain locations outside the United States.
Intellectual Property Rights: In the relationship between you and PayPerShowing.com, PayPerShowing.com retains all rights, ownership, and interests, including all intellectual property rights, in the PayPerShowing.com platform, services, and any other intellectual property provided to you. For Third-Party Materials, all rights, ownership, and interests, including intellectual property rights, are held by the respective third-party providers.
Third-Party Content and Services: The Web-Application may display, incorporate, or provide access to third-party content (including data, information, apps, and other products or services) or link to third-party websites, which may also include advertisements ("Third-Party Materials"). PayPerShowing.com does not assume responsibility for these Third-Party Materials, including their accuracy, completeness, timeliness, legality, copyright compliance, decency, quality, or any other aspect. PayPerShowing.com will not be liable or obligated to you or any third party concerning any Third-Party Materials. These materials and any associated links are provided for your convenience, and your engagement with them is solely at your risk and subject to the terms and conditions of the third parties involved.
Conclusion of This Agreement
Duration and Termination Rights:
User Termination: You may terminate this Agreement at any time by removing your account from PayPerShowing.com and deleting all copies of the Mobile Web-App from your device.
Company Termination: The Company reserves the right to terminate this Agreement at any time without prior notice, particularly if it decides to discontinue the Web-Application. Additionally, this Agreement will automatically and immediately end without notice if you violate any terms and conditions herein.
Start of Agreement: This Agreement takes effect the moment you install or express acceptance of the Web-Application and continues until it is terminated by either you or the Company as outlined herein.
Effects of Termination: Upon termination, you must cease all use of the Web-Application and remove all copies from your device and account. This termination revokes all rights granted under this Agreement. However, termination does not affect any legal rights or actions the Company may pursue under law or equity.
Modifications to the Agreement: PayPerShowing.com may modify or update this Agreement at any time at its sole discretion. Changes become effective immediately upon their announcement on the PayPerShowing.com website. By continuing to use the platform after a notice of such changes has been published, you agree to and accept the revised terms.
Warranty Disclaimer: The Web-Application is provided on an "as is" basis, complete with all faults and defects, and without any form of warranty. The Company, its affiliates, and their respective licensors and service providers explicitly disclaim all warranties related to the Web-Application, to the maximum extent permitted by law. This includes any express, implied, statutory, or other warranties, specifically disclaiming implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from the course of dealing, performance, or trade usage. The Company does not guarantee that the Web-Application will fulfill your needs, produce specific results, be compatible with other software, systems, or services, operate uninterruptedly, meet performance or reliability standards, or be free from errors, nor does it commit to correcting any errors or defects. Please note, the exclusion of implied warranties or limitations on a consumer’s statutory rights may not be permissible under the law of certain jurisdictions, meaning the aforementioned exclusions and limitations may not apply to everyone.
Limitation of Liability: Under the maximum extent allowed by law, the Company, along with its affiliates and their licensors or service providers, will not be held liable for any damages that arise from your usage or inability to use the Web-Application, the PayPerShowing.com platform, or its services. These damages may include, but are not limited to, personal injury, property damage, lost profits or commissions, the cost of substitute goods or services, loss of data, loss of goodwill, business interruptions, or failures and malfunctions of computers. This also encompasses any consequential, incidental, indirect, exemplary, special, punitive, or direct damages. The aggregate liability of the Company will be limited to the total amount you have paid for the Web-Application. This limitation applies to any claim, whether based in contract, tort (including negligence), or any other legal theory, and remains in effect even if the Company was previously informed of the possibility of such damages. However, it's important to note that not all jurisdictions allow for limitations on liability, so these restrictions may not apply to you in full.
Adherence to Export Controls: The Web-Application is subject to US export control laws, including the US Export Administration Act and its associated regulations. You are prohibited from exporting, re-exporting, or releasing the Web-Application directly or indirectly to any country or jurisdiction where such actions are prohibited by law. You must comply with all relevant US laws and obtain all necessary governmental authorizations before exporting the Web-Application outside the US.
Severability: Should any part of this Agreement be deemed unlawful or unenforceable by applicable law, such provision will be modified to reflect the intent of the original clause as closely as possible. The remaining portions of this Agreement will continue to be valid and enforceable.
Jurisdiction and Legal Compliance: This Agreement is regulated by the laws of the State of Florida, USA, and is interpreted without regard to its conflict of law provisions. All legal proceedings arising from or connected to this Agreement must be conducted in the federal or state courts situated in Palm Beach County, Florida. By entering into this Agreement, you agree to the jurisdiction and venue of these courts.
Time Frame for Legal Actions: Legal actions related to this Agreement or the use of the Web-Application must be commenced within one (1) year from the date the cause of action arises. Failure to file a claim within this period will result in a permanent waiver of the right to bring any related claims in the future.
Comprehensive Agreement: This document, combined with PayPerShowing.com’s Privacy Policy and any definitions provided by the user, forms the complete and exclusive agreement between you and the Company concerning the Web-Application. It replaces and supersedes all prior agreements and communications, both written and verbal.
Flexibility and Enforcement: The inability or delay of either party to exercise any rights under this Agreement does not constitute a waiver of those rights. Moreover, exercising a right partially or once does not prevent either party from further or other exercises of that right or any other right. In the event of a conflict, the terms of this Agreement shall take precedence over any other purchase terms or agreements.
Electronic Signatures Consent: By engaging with the PayPerShowing.com platform, you agree to perform transactions electronically. An electronic signature created through any device is recognized as legally equivalent to a handwritten signature. Actions such as selecting an item, clicking a button, or performing similar operations on any device will serve as your electronic signature and are legally binding, just like a signature on paper. These electronic signatures do not require validation by a third party or a certification authority to be deemed valid.
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