Terms of Service

Charcom ("Charcom", "we", "us", or "our") is operated by [OPERATOR LEGAL NAME] as a sole proprietorship in Ontario, Canada. These Terms of Service ("Terms") govern your access to and use of the Charcom website at [DOMAIN] and the multi-tenant realtor-website platform we provide (collectively, the "Service"). Please read carefully — these Terms include important provisions about arbitration, liability, and indemnification.

Operator placeholder: replace [OPERATOR LEGAL NAME] with your full legal name. Domain placeholder: replace [DOMAIN] with the production domain. Replace all […_EMAIL] placeholders with the corresponding email addresses before public launch.

1. Definitions

• Service — the Charcom multi-tenant realtor-website platform, including the marketing site at [DOMAIN], the dashboard, the tenant rendering layer, and all related features and tooling.
• Charcom — Charcom, operated by [OPERATOR LEGAL NAME] as a sole proprietorship in Ontario, Canada.
• Subscriber — the individual or entity that creates an account and pays for the Service.
• Tenant Site — the realtor website operated for a Subscriber on a Charcom subdomain (e.g., yourname.[DOMAIN]) or a custom domain pointed at Charcom.
• End User — any visitor to a Tenant Site, including prospects, leads, clients, and members of the public.
• Agent Content — content uploaded or supplied by the Subscriber: copy, photos, listings, videos, logos, brand assets, blog posts, contact info, and any other information published on a Tenant Site.
• Lead Data — personal information submitted by End Users through forms, contact widgets, booking flows, and similar capture surfaces on a Tenant Site.
• Founder Member — a Subscriber who qualifies under the Founder Pricing Addendum at /founder-pricing.
• Founder Pricing — the locked monthly rate granted to Founder Members per the Founder Pricing Addendum.

2. Acceptance

By clicking "Sign up", checking the acceptance box on the signup form, or otherwise using the Service, you agree to be bound by these Terms, the Privacy Policy, the Acceptable Use Policy, the Cookies Policy, the Refund Policy, the Data Processing Addendum, and (if applicable) the Founder Pricing Addendum. If you do not agree, do not use the Service.

3. Eligibility

You must be at least 18 years old. You must be a licensed real estate professional in good standing with your regulatory body (the Real Estate Council of Ontario for Ontario subscribers; the Canadian Real Estate Association; a provincial real estate council; or applicable equivalent), or an authorized representative of such a professional or brokerage. By using the Service you represent and warrant the foregoing is true and remains true throughout the term of your subscription.

4. Account & Security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not authorized. If you become aware of any unauthorized access or use of your account, you must notify Charcom at [SUPPORT_EMAIL] within 48 hours of discovery. We are not liable for losses caused by unauthorized use of your account that you fail to report promptly.

5. Subscription, Billing & Auto-Renewal

Charcom subscriptions are billed monthly in Canadian dollars unless otherwise specified. Subscriptions auto-renew at the end of each billing period until canceled by the Subscriber. Charcom does not issue refunds for partial months — see the Refund Policy at /refunds for the limited circumstances in which refunds are available.

Charcom may change Service prices on at least 30 days' written notice to active Subscribers. Pricing for Founder Members is governed exclusively by the Founder Pricing Addendum at /founder-pricing and is not modifiable by general updates to these Terms.

6. Acceptable Use

Use of the Service is subject to the Acceptable Use Policy at /acceptable-use, which is incorporated by reference. Without limiting the AUP, you must not use the Service to: post illegal listings; violate MLS, IDX, or any feed provider's rules; scrape, copy, or republish data without authorization; impersonate another agent, brokerage, or person; violate fair-housing laws or regulations; violate RECO advertising rules or equivalent in your jurisdiction; defame any person; send commercial electronic messages in violation of Canada's Anti-Spam Legislation (CASL); or attempt to disrupt the security, integrity, or availability of the Service.

7. Agent Content & Ownership

You retain full ownership of all Agent Content you upload to or publish through the Service. By using the Service, you grant Charcom a worldwide, royalty-free, non-exclusive license to host, store, cache, back up, transmit, transcode, and display the Agent Content solely to operate, maintain, and provide the Service to you and your End Users. This license terminates upon closure of your account, except that Charcom may retain copies of Agent Content in operational backups for up to 90 days after termination for legal, dispute-resolution, security, and disaster-recovery purposes.

You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions for the Agent Content, and that publication of the Agent Content does not violate any third-party rights.

8. Charcom Intellectual Property

The Service — including the Charcom platform, the Charcom name, logos, themes (whether built-in or sold separately), source code, designs, dashboards, tooling, documentation, and all related intellectual property — is owned by Charcom or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly during an active, paid subscription, in accordance with these Terms. You may not (a) copy, modify, or create derivative works of the Service except as expressly permitted; (b) reverse-engineer, decompile, or disassemble any part of the Service; (c) resell, sublicense, white-label, or redistribute the Service, in whole or in part; (d) remove or obscure any proprietary notices.

9. Lead Data & Data Roles

Lead Data captured through your Tenant Site belongs to you. With respect to Lead Data and other personal information collected from End Users, you are the data controller and Charcom acts as a data processor under the Data Processing Addendum at /dpa. You are solely responsible for compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), CASL, Quebec's Law 25 (where applicable), the European Union General Data Protection Regulation (where applicable), and all other privacy and consumer-protection laws that apply to your business and your End Users.

10. Third-Party Services

The Service relies on third-party providers including Stripe (payments), Vercel and Cloudflare (hosting and CDN), Supabase (database, authentication, and storage), Resend (transactional email), Mapbox (maps), and Google Analytics (where enabled). You acknowledge that these providers have their own terms and privacy policies, and that Charcom is not responsible or liable for any outage, error, breach, or other action of any third-party provider. Any data processed by these providers may be processed outside Canada, including in the United States.

11. Service Availability

Charcom targets 99.5% monthly uptime as a goal, not a contractual service-level guarantee. The current subscription tier does not include SLA credits. We may perform scheduled maintenance with reasonable advance notice via email and dashboard banner. Charcom is not liable for downtime caused by force majeure events or third-party providers (see Section 16).

12. Suspension & Termination

Charcom may suspend or terminate your access to the Service immediately, with or without notice, for: (a) non-payment after the grace period defined in the Founder Pricing Addendum (for Founder Members) or in the standard subscription terms (for other Subscribers); (b) material violation of these Terms or the AUP; (c) illegal content or activity on a Tenant Site; (d) abuse or threatened abuse of the platform or other users; (e) chargebacks or payment fraud; (f) legitimate complaints from regulatory authorities; or (g) other risk to Charcom, other Subscribers, or End Users.

You may cancel your subscription at any time via the dashboard. Cancellation takes effect at the end of the then-current billing period. Upon termination of your account (whether by you or by Charcom), you have 30 days to export your Agent Content and Lead Data using tools provided by Charcom. After 90 days following termination, Charcom may permanently delete your data with no recovery option, subject only to the operational backups and legal-record-retention exceptions described elsewhere in these Terms and the Privacy Policy.

13. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, UPTIME, SECURITY, LEAD GENERATION RESULTS, SEO RANKING, GOOGLE PLACEMENT, WEBSITE TRAFFIC, CONVERSION RATES, OR ANY BUSINESS OUTCOMES. CHARCOM DOES NOT GUARANTEE ANY LEVEL OF WEBSITE TRAFFIC, LEADS, INQUIRIES, CONVERSIONS, SHOWINGS, LISTINGS, SALES, COMMISSIONS, OR REVENUE. SUBSCRIBER ACCEPTS ALL RISK OF USE.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARCOM'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IS LIMITED TO THE LESSER OF (A) THE AMOUNTS PAID BY THE SUBSCRIBER TO CHARCOM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100). CHARCOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST LEADS, LOST COMMISSIONS, LOST DATA, LOST BUSINESS OPPORTUNITIES, LOST GOODWILL, REPUTATIONAL HARM, OR BUSINESS INTERRUPTION, EVEN IF CHARCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. Indemnification

You agree to indemnify, defend, and hold harmless Charcom — and [OPERATOR LEGAL NAME] personally as the operator of Charcom — from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Agent Content; (b) your conduct or use of the Service; (c) your violation of any law or regulation, including without limitation RECO or CREA rules, fair-housing laws, privacy laws, anti-spam legislation, and consumer-protection laws; (d) disputes between you and any End User; (e) your tax, licensing, or regulatory obligations.

16. Force Majeure

Charcom is not liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including without limitation acts of God, infrastructure outages, third-party service failures, government action, war or armed conflict, civil unrest, pandemic or epidemic, internet disruption, or cyber-attack.

17. Modifications

Charcom may update these Terms from time to time. We will provide at least 30 days' written notice of material changes via email and a dashboard banner. Continued use of the Service after the effective date of changes constitutes acceptance. Founder Pricing is governed exclusively by the Founder Pricing Addendum and is not modifiable by general updates to these Terms.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in Toronto, Ontario, conducted in English by a single arbitrator under the Arbitration Act, 1991 (Ontario). Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the courts of Ontario for matters relating to intellectual property, trade-secret, or confidentiality breaches. To the extent permitted by applicable law, you waive the right to participate in any class action or class-wide arbitration, and you waive any right to a trial by jury where applicable.

19. Severability

If any provision of these Terms is held unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms will remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy, the Data Processing Addendum, the Acceptable Use Policy, the Cookies Policy, the Refund Policy, and (for Founder Members) the Founder Pricing Addendum, constitute the entire agreement between you and Charcom regarding the Service and supersede any prior or contemporaneous agreements on the same subject.

21. Assignment

Charcom may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent. You may not assign these Terms or your account without Charcom's prior written consent.

22. No Waiver. Notices.

Failure by Charcom to enforce any provision of these Terms is not a waiver. Notices to you may be given by email to the address on file or by posting to the dashboard. Legal notices to Charcom must be sent to [LEGAL_EMAIL].

23. Survival

Sections 7 (Agent Content), 8 (Charcom IP), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 18 (Governing Law & Dispute Resolution), 22 (Notices), and 23 (Survival), and any other provision that by its nature should survive, will survive termination of these Terms.

24. Contact

Questions about these Terms: [LEGAL_EMAIL]