Terms of Service

Plain language, because you should be able to read this once and know where you stand. By creating an account, or by opening a purchase an agent set up for you, you agree to these terms. They took effect October 7, 2026.

First: this is a beta

HomeTrail is offered as a beta — work in progress. It can be wrong, it can be unavailable when you need it, and features can change or disappear. Dates, task lists and reminders in here are coordination aids, not legal deadlines, and nothing in here has been checked against your signed contract. Before you rely on anything you see here — a date, a number, a name, a document — verify it against the signed contract and the people responsible for it. If you rely on something in this app instead of doing that, and it turns out to be wrong or missing, that is not something we are liable for.

What this is, and what it is not

HomeTrail is a coordination tool. It is not your office's compliance system of record, it does not guarantee that any deadline or disclosure requirement is met, and nothing in it is legal, financial, or tax advice. Checklists, due dates, and document slots are editable conveniences — the people responsible for a deadline are still the people responsible for it.

Concretely: we do not verify that a document is the right document, that a deadline in the app matches the deadline in your contract, or that anything required by law, by your contract, or by your brokerage has actually been done. A due date here is a reminder somebody typed, and anyone with access can edit or delete it. Your contract, your brokerage's file, and your attorney remain the record and the authority.

It states facts and dates. It never gives advice. Everything in here is a record of what somebody entered or what a document appeared to say. Nothing in it is legal, financial, tax or contractual advice — not the checklists, not the due dates, not the summaries, and not anything the AI reading produces. It does not tell you what a clause means, what you should do about it, or what happens if you do not. For that, ask your attorney, your lender, your accountant or your broker — the people who can be responsible for the answer.

Agents: your broker compliance file is still your file

If you are a real-estate agent, using this app does not move any part of your compliance obligation onto us. Keeping your brokerage's transaction file complete, accurate, and filed where your broker requires it stays entirely yours — every time, for every transaction, whether or not the same thing also exists in here.

We do not submit anything to your broker, your MLS, your association, or any regulator. We do not retain records on your behalf for any retention period your state or your brokerage imposes. If your broker or your state requires a document to be kept for a number of years, keep it where they require it — not only here.

The checklists are a starting point somebody wrote, not a legal requirements list for your state, your brokerage, or your specific contract. They are meant to be edited. Deleting a task from a checklist does not delete an obligation, and completing one does not create proof that the underlying thing was done correctly.

Who can have an account

  • You must be at least 18 and able to enter into a contract. This is a tool for adults buying and selling houses.
  • Agents sign up, create a purchase for a property, and control what their buyers can see. If you hold a real-estate licence, you are telling us it is valid and in good standing, and that your brokerage permits you to use a tool like this one.
  • Buyers: buyer invitations are not switched on today. This describes how buyer access works for anyone who already has it, and for everyone once invitations are switched on. Buyers do not create an account or a password. An agent invites you by email, and the link in that email is how you get in. Treat it like a key: anyone who has that link can open your purchase until it is used or expires. If you forward it, you are handing someone your access.
  • Sellers do not get an account or a link either — a listing lives in the agent's side of the product, and there is nothing for a seller to sign in to. If your agent is selling your home, what we hold about you and what you can ask us to do with it are set out in the Privacy Policy, and you can ask us directly without going through your agent.
  • Office staff are invited by a broker and cannot sign up any other way. A staff account sees only the office screens its broker allows. It cannot open deals of its own. The broker chooses who they add and is responsible for them, and staff are bound by these terms like anyone else.
  • An account belongs to one person. Don't share your password, don't let someone else work under your login, and tell us at once if you think somebody else is in your account.
  • There is no shared login, ever. If several agents in an office need this, each needs their own account. And if a broker needs to see what their agents are doing, that is a broker account with a link to each agent, and office staff accounts the broker adds, described below. It is not the agent's password. That seat exists precisely so that nobody has a reason to break the rule above it.

Who can see what

Every task, document slot, and activity entry in a purchase is either shared or internal. The agent decides which. Internal items are never sent to the buyer's browser at all — the filtering happens on our server, not in the page — so a buyer cannot reach an internal item by guessing a link.

Documents work slightly differently, and this is the one place where something is hidden from the agent rather than from the buyer. A document added from a documents tab starts private to the person who uploaded it: the other side cannot open it, count it, or learn that it exists. Buyers, this means documents you add yourself are visible only to you until you choose to share them with your agent, and sharing cannot be undone — your agent may already have a copy. While a document of yours is still private you can delete it yourself; once it is shared you cannot, because it is no longer only yours. A document uploaded to satisfy a task your agent asked you for is shared from the start — the request is what it answers.

An agent sees only their own purchases. A buyer sees only the purchases they were invited to, and only the shared part of those. Documents are never public links: a download address is issued to one signed-in person for one file and stops working within minutes.

There is one more possible reader: if an agent has linked their account to their brokerage (called an office in the app), their supervising broker, and office staff that broker allows, can see each of that agent's deals read-only: the property, the stage, the key dates, and each shared task and whether it is done. Never a document, a note, a client's name, or anything marked internal. It happens only if the agent accepts it, and it has its own section immediately below.

The full detail of what is collected, who it is shared with, and how to have it deleted is in the Privacy Policy, which is part of these terms.

Brokers: a read-only seat over your agents’ deals

If you are a broker reading this because your agents use this tool: do not supervise from these screens. This is a coordination tool, not your brokerage's compliance system of record. What you can see here is a summary of whatever your agents happened to type in — nothing in it is checked, verified, or complete, and a deal that looks finished on this screen tells you nothing about whether your file for it is. A document count is not a document review. A missing document here is not evidence a document is missing, and a ticked checklist here is not evidence anything was done. Your files stay your files, and your supervision stays yours.
  • What a broker account can see. For each deal of a linked agent: the property, its status and stage, the key dates, each task the agent shares with the client and whether it is done, how many documents have been filed and are missing, and when something last happened. There is also a downloadable spreadsheet of the same deals without the task wording.
  • What it cannot see. No document, not its contents and not its filename. No note, no key-date note, no contact, no message. No client's name, email address or phone number. No internal item: not its wording, and it is not counted in any number either. A task's wording is whatever the agent typed, so agents: keep clients' names out of shared task names, or mark those tasks internal. That is the fact to weigh when you decide whether to accept, so it is on this page rather than left to be discovered.
  • A broker account can read, and send one kind of reminder, and nothing else. No creating, no editing, no deleting, no ticking a task off, no uploading or removing a document, no inviting or removing a buyer, no changing a date. The one thing it can send is a fixed reminder to the agent about an open shared task; it has no room for a message and never goes to a client. There is no way to contact a buyer through the product: a broker gets no message button and never appears in anything we send a buyer.
  • Office staff. A broker may add office staff and give them the same read-only view, or less. They can send an agent a fixed reminder about an open task. They cannot change anything in an agent's deals, cannot contact a client, and never see more than the broker. A broker may also let them invite agents to the office; those invitations go out in the office's and the broker's name, and the broker is responsible for them. The broker chooses them and is responsible for what they do with what they see, and adding staff does not hand them the broker's supervision: that stays the broker's. Agents are told before any staff member can see their deals, and their settings list who can. Office staff lose access the moment the broker or the staff member ends it. When you join an office, you agree that your broker may let other people in that office see your deals: office staff, a team lead, or other agents. Each of them sees the same limited view your broker sees, or less, never more. Your broker can add, narrow or remove these people without asking you again. We tell you in the app and by email before anyone new can see your deals, naming them, and your Settings always lists who can. If we ever let anyone see more than your broker sees, we will change this page first and ask you again.
  • A link exists only if the agent accepts it. A brokerage cannot attach itself to an agent's account and we will not do it on a brokerage's instruction. If you are an agent, your brokerage may well require you to accept — that is between you and them. What we control is that the button is yours, that your settings always show who supervises you and until when, and that you can end it yourself. An agent belongs to at most one brokerage here at a time.
  • Deals you already had are included the moment you accept. It is not limited to deals you start afterwards. Because those buyers joined before any of this existed, we email them when it happens and tell them which brokerage can now see their purchase and what it can see. That is our decision, not yours to waive, and it is described in the Privacy Policy.
  • Either side can end it, but not on the same terms. From the moment either side ends it, nothing the agent starts afterwards appears. If the brokerage ends it, the broker keeps a copy of the deals that already existed, as they stood at that moment. If the agent ends it, the broker keeps the same limited view of those deals, including changes, for 30 more days, and then keeps a copy of each as it stood then; the copy is made within about a day after the 30th day. Later changes never reach the broker's copy. The asymmetry is deliberate and it is not adjustable per account: supervision an agent can switch off the instant it becomes inconvenient is not supervision, and a broker's record of their agents' work should not disappear when an agent leaves. Closing either account ends the link too; if the agent closes theirs, the broker keeps its copy.
  • We are not part of your arrangement with your brokerage. Whether you have to accept a link, what your broker may do with what they read, what happens if you refuse, and what either of you owes the other are between the two of you. We do not verify that anybody is anybody's broker, we do not check licences, and accepting a link here is not evidence of a supervisory relationship — or of the absence of one.

A broker account is a business account, chosen by the person using it, so the section below headed “If a claim comes from something you put in here” applies to it the same way it applies to an agent's — as far as it can reach a seat that cannot put anything in, which in practice means misusing what you can see.

What you put in here

You keep ownership of everything you upload. You give us permission to store it and show it to the other people on that purchase or listing, and to nobody else. We do not sell it, and we do not use it to train anything.

If you switch on the AI reading described below, that permission extends one step: documents you have read, the texts and emails you forward us, and details of the purchase each one concerns are sent to Google, to be read by its Gemini AI, as described in the Privacy Policy. The sentence above still holds — neither we nor Google trains anything on it, and on Google's side that is a published term of the paid Gemini API terms we operate under, not a preference.

What we may learn from how the product is used, as opposed to what is in it. We may use information about how this service is used — counts, timings, error rates, how often a suggested value was corrected before it was confirmed, and similar operational measurements — to run, fix, and improve the service, including the AI feature described below. That is limited in three ways that are part of this agreement, not a policy we could quietly change: it is stripped of anything identifying you, your clients, or a specific purchase before it is used that way; it never includes the contents of a document, a message, or a purchase — no addresses, no prices, no dates, no names, no document text; and we will not attempt to work backwards from it to a person or a transaction, or let anyone else do so. It is never sold.

To be plain about what that sentence is: it reserves a right; it is not a description of something we are doing. What we actually collect today is set out in the Privacy Policy, and if that ever grows, that page says so and its effective date moves before anything changes here.

If you are putting somebody else's information in: an agent invites a buyer by entering their email address, may upload documents that belong to that buyer, may forward emails about the purchase into it, and writes private notes about the people they are working with. When you do that, you are confirming that you are allowed to — that your client knows their purchase is being run in a tool like this one and has no objection. We take you at your word on that; we have no way to check it, and we do not contact your client to ask.

This matters more, not less, when the client is a seller. A seller never gets a link from us, never opens a screen of ours, and is never shown these terms — so the only way they find out their listing, their disclosures and their dates are being kept in this product is if you tell them. When you put a seller's information in here, you are confirming that you have told them and that they have no objection. We have no way to check it and no way to ask them.

The anniversary note, and contacts you add for your buyer. If you turn on the anniversary note, it is a marketing email sent in your name, and you are its sender: you are responsible for what you write in it and for the advertising rules that apply to you, including your state's rules for real estate advertising. The mailing address you give us must be a real one where you receive mail. We add the stop link and honour it, and you cannot switch a client's emails back on.

Businesses you recommend on a client's list. HomeTrail is a tool you use to share your recommendations. It is never paid by any business on either of its business lists, and what you pay us is for the software as a whole, not for any listing. Each time you save a recommendation, on either list, before or after closing, you confirm that: you receive nothing of value for recommending that business (no fee, gift, discount, paid marketing, desk space, referrals back or other payment); neither you, your brokerage nor anyone connected to you owns any part of it; and recommending it complies with the Real Estate Settlement Procedures Act, including its section 8 ban on kickbacks and referral fees, and with your state's law. Do not use these lists for a business your brokerage is affiliated with: that needs its own written disclosure, which this app does not give. If any of this stops being true, remove the recommendation the same day. Your recommendations are yours, not ours, and if a claim comes from one that broke this promise, you cover us for it under the section on claims below. If we learn that a recommendation is paid for in any way, we may remove it.

If you upload a list of past clients, you are telling us you collected those details lawfully, and that you may give them to us to hold for you. Upload only people you worked with, or who agreed. The list is yours and so is the responsibility for it. If one of those people asks us to delete their details, we follow the process in the Privacy Policy, delete the record, and tell you it was removed. HomeTrail is not your transaction-records system. Keep your own copy as your state's broker-retention rules require.

If you use the AI reading

It is a typing shortcut, not a review. It does not read your contract for you, it does not tell you what a message from your lender or the title company means, it is not legal, financial, or professional advice of any kind, and it is not a substitute for reading the document or the message yourself. Nothing it proposes is a statement by us that the agreement, or the message, says what it appears to say.

What it does is pull values out of a document you upload — or out of a text or email you forward us — and put them in front of you as suggestions, each one next to the words it came from. You accept or reject them before anything is applied: one at a time for most documents; for a standard form read from the form itself (a loan estimate, closing disclosure, appraisal, lead-based paint disclosure or flood determination), one tap applies all of its values (shown with the page each came from), and you may approve several such forms together; for an inspection report, one tap applies its whole list of the home's parts (each shown with its rating and page), shows that list to your client, tells them how many safety concerns and items needing attention it found, and adds a to-do for you for each safety concern; and for a forwarded message one tap applies every suggestion you have not turned down. The inspection list is a short summary of the report's summary pages, not a home inspection and not a substitute for the report: check it against the report before you approve it, because your client will see it. A value read from a scanned page or a photo is marked “Read from a scan”: text recognition can mistake one letter or digit for another, so those reads are never approved together with others, and you should check each one against the page. A page too blurry to check is not read at all, and the card tells you which. Nothing it produces reaches a purchase, a buyer, or your file until you have confirmed it — and once you have, it is your entry, exactly as if you had typed it. You remain responsible for every date, price, name and deadline in your file, whether you typed it or confirmed it, and for checking each one against the actual agreement. That responsibility is not reduced by the fact that software suggested the number first.

It can be wrong, and it can be wrong in ways that look right. It can miss a term entirely, read an amended date instead of the operative one, produce nothing at all from a document it cannot read, or take a message that merely proposes something as a message that settled it. We do not promise any level of accuracy and we do not check its output before you see it. If a deadline in here is wrong, the consequences of that are governed by the same limits as everything else on this page — and by the fact, stated at the top, that this app is not your brokerage's system of record.

It is off until you turn it on, and it is yours to turn off. Nothing of yours is sent anywhere to be read unless you have opted in, and opting in means what it says on the screen where you do it: With this on, the text of every document you have read and of every text and email you forward here leaves this product and is sent to another company to be read: Google, using its Gemini AI — along with the address, task names, key dates and contact details of the one purchase it is about. If you import a closing statement, it is read the same way, after we blank out ID numbers, account numbers, emails and phone numbers. While it is on, a text or an email you forward is read as soon as it arrives — you are not asked again each time, and forwarding is the choice. Turning the switch off stops the next one immediately; it does not reach back for what has already been sent. The Privacy Policy sets out what is sent, what is not, what is kept, and for how long. Turning it on for material that contains somebody else's information — which an executed agreement always does, and which a forwarded message and your contact list usually do — is covered by the same confirmation you gave above about putting other people's information in here, and that confirmation is doing more work now than it was: it is you, not us, who decides that a message somebody sent you privately goes to a third company to be read.

What you are confirming every time you forward something. When you forward a message or a document to us — by email, by text, or by uploading it — you confirm that you are permitted to share it with us, and that having it read by the AI is your decision, made under your own switch. You know what you forwarded and who it came from; we do not. If it turns out you passed on something you had no right to pass on, and somebody brings a claim about it, that one is yours — see the indemnity below, which covers exactly this.

Said plainly, because it is the honest limit of the paragraph above: this is an agreement between you and us. It does not bind the person who wrote to you. They never agreed to these terms and keep whatever rights they have — your confirmation settles who answers for it between the two of us, and it is not a substitute for their permission where their permission is what the law wants.

One thing reserved in advance, so it is not a surprise later: AI features may be limited by, or included only in, particular plans, and which plan includes them may change. That is true today — access is set per account — and it will stay true if this ever becomes something you pay for. If that happens you get the same advance notice as any other charge, described under “What it costs” below. Nothing here obliges you to pay for anything you have not been told about first.

What you may not do

  • Upload malware, or anything you don't have the right to upload.
  • Use someone else's login or invitation link, or try to reach a purchase, a document, or an account that wasn't shared with you.
  • Probe, scrape, load-test, or reverse-engineer the service, or automate it in a way that degrades it for other people.
  • Use it to break the law, to discriminate against anyone (fair-housing law applies to what you write in here exactly as it applies everywhere else), or to harass someone.
  • Send anything through it that a normal home purchase would not involve — this is not a general file-sharing service or a mailing tool.

If an account is doing any of that, we may suspend or close it. In a serious case we may do that immediately and explain afterwards; otherwise we will tell you what the problem is first. Today that is a person on our side acting on a report or something we notice — the app does not police accounts automatically.

Fair housing — the one rule with no exceptions

Federal fair-housing law, and your state's, applies to everything you do in this app exactly as it applies everywhere else. Nothing in here changes it, softens it, or gives you cover.

You agree to comply with the Fair Housing Act and every equivalent state and local law. You may not use this product to screen, steer, sort, rank or select people — buyers, sellers, tenants or neighbours — on race, colour, religion, national origin, sex, familial status, disability, or any characteristic your state protects. That includes the free-text fields: notes about a buyer, notes on a contact, and anything you type about a person is written evidence, it is discoverable in litigation, and deleting it later does not make it go away. Describe the property and the process, not the people.

What our AI does, and the line it does not cross: it performs factual extraction only. It reads a document or a message you give it and pulls out dates, amounts, names of parties and the status of a loan. It does not score, rank, match, recommend or evaluate any person, and it produces no opinion about who anybody is or what they should be shown. We do not build steering, and this section is our commitment that we will not — if that ever changes, these terms change first.

What it costs

Nothing is charged today. Billing is not switched on in this product yet, and while it is off, using HomeTrail costs nothing and no card is collected. Everything below describes what happens when billing is switched on — and you will see all of it, with the actual prices, on the payment page before you type a card number.

The free trial: 60 days, and we do not take a card to start it. You get the whole product for those 60 days. We ask for a card at the end of the trial, not the beginning, so a trial you forget about cannot turn into a charge you did not choose. If you never enter a card, the trial simply ends.

One plan, and a discounted first month. There is a single plan. Your first paid month is charged at an introductory price, and from the second month it is the regular monthly price. Both numbers are shown on the payment page before you enter a card, and we do not print prices here because the page you pay on is the one that has to be right.

It renews by itself until you stop it. Plainly, because this is the part people are most often caught by: the plan is monthly, and it renews automatically every month, on the same day, at the regular monthly price, charged to the card you gave us, until you cancel. You can cancel at any time from Settings — it takes a couple of clicks, we do not ask you to email anyone or call anyone, and there is no cancellation fee. When you cancel, your plan runs to the end of the month you have already paid for and then stops. We do not refund part of a month you have started, except where the law where you live says otherwise, and we will not charge you again after you cancel.

If a price changes, we will tell account holders before the change reaches their next renewal, and using the product after that is how the new price is agreed. Nothing in these terms obliges you to pay anything you were not told about in advance.

Free accounts we give out. We may give an account a plan at no charge — a pilot brokerage, an early tester, an arrangement we made with someone who helped us build this. That is a gift, not a contract for free service forever, and we can end it with 30 days' notice — after which the account carries on at the ordinary price if you choose to pay it, and stops if you do not. What we will not do is switch a free account to a paid one without telling you and without you entering a card.

Who takes the money. Payments are handled by Stripe. Card details are typed on Stripe's own page and are held by Stripe — we never see or store a card number, and the same is true of the page where you update it later. Stripe is on the sub-processor list in the Privacy Policy. Sales tax, if any applies where you are, is shown at checkout.

Clients: the local businesses on your home’s lists

Your purchase may show local businesses near your home: “Services near this home” while the purchase is under way, and “Your home's people” after it closes. They are listed by distance from the home. Businesses your agent recommends are shown first, and those recommendations are your agent's own, not ours.

The businesses on these lists are independent. HomeTrail does not check, license, endorse or guarantee any of them or their work, and none of them pays to be listed. You choose and hire them yourself, and any agreement, price or dispute is between you and them. You are free to use any business you like, listed or not.

Before you hire anyone, check their licence and insurance with your state or town, and get a written contract and quote. The limits on what we are responsible for, further down, apply to these lists too.

After closing — the buyer keeps their home record

When an agent marks a purchase closed, the buyer keeps access to it permanently. That is the point of the product, not a courtesy: the buyer's record of their own home does not depend on their agent still being our customer. If an agent closes their account, stops paying us in future, or stops using the app entirely, the buyer's access to their own closed purchase survives it.

Once a purchase is closed the tasks freeze and the view becomes a record of the home rather than a checklist. Everything that was shared with the buyer stays shared with them — documents, key dates, the contacts who worked on it. Internal items never become visible.

If a purchase does not complete, the same holds: the checklist freezes, and the buyer keeps access to everything that was shared with them, with no cut-off.

“Permanently” means for as long as we run this service, and it is a promise about access, not about immortality: if we ever shut the service down, we will give notice and a way to download the record before it goes. It also does not survive a deletion request — if the buyer asks us to delete their data, we delete it.

Agents: your deals stay readable after you stop

If you close your account — or if you cancel your plan, or stop paying for it — your deals do not go dark that day. For at least 90 days afterwards you can still get in, read them, and download a complete copy of any of them: every document plus a summary sheet. And we will not close an account without first telling you how to take that copy out.

Two honest limits, because this is a window to take your records with you rather than a promise to hold them for you. First, it is not a backup and not an archive: after the window your deals stay unless you ask us to delete them or we stop running the service, but they are not a backup, so keep your own copies. Second, it does not outrank a deletion request — if you ask us to delete your data, we delete it, and the window ends there.

None of this changes what the buyer keeps. Their record of their own closed purchase survives your account either way, which is the point of the section above.

Ending it — from either side

You can stop whenever you want. Stop using it, or email us and ask us to close your account. You can also ask us to delete your data — the Privacy Policy says exactly how to ask, how long it takes, and what happens to the other party's copy of a purchase you both worked on.

We can end it too — if an account breaks these terms, or if we stop offering the service. Except where the breach is serious enough to need immediate action, we will tell you why and give you a chance to get your data out first.

What happens to data when an account ends: closing an agent's account does not by itself erase their purchases, because a purchase is not only theirs — the buyer on the other side has their own record of their own home, and we will not destroy it to satisfy the other party. Deleting data is a separate request, and it is described in the Privacy Policy. Whichever of you asks, we will tell you exactly what we did.

Availability, and the fact that this is early software

This is early software, offered as-is and as-available. It can be down, it can be slow, it can lose or mangle something, and it can have bugs we haven't found. We make no promise of uptime, of support response times, or that any particular feature keeps existing.

Said the way the law expects it to be said, because a vague version of this paragraph is worth less than a clear one: we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from how the service has been used or offered in the past. In ordinary words: we are not promising this tool is fit for any particular purpose of yours, that it is accurate, that it is complete, that it is secure against every attack, or that it will keep working. Nobody here has told you otherwise, and if someone did, they were not authorised to. Some states do not allow some of these disclaimers, and where that is true this paragraph applies to you only as far as that state allows.

Nothing anyone says or writes — an email from us, a demo, a screen in the app — creates a warranty that is not written on this page.

Keep your own copies of anything you cannot afford to lose. We do not promise backups, and we do not promise that data can be recovered if something goes wrong. We are not your archive of record and we are not your brokerage's retention system. If a document matters, it should exist somewhere other than here too.

We will change this product, and one day we may stop running it

This is a young product and it will not stay the shape it is today. We may add, change, or remove features, limit how much can be stored or uploaded, and change how something works, without asking you first. If a change would take away something you are relying on — access to a closed purchase, the ability to download your documents — we will tell account holders before it happens, not after.

We may also stop offering the service altogether. If that happens you get at least 30 days' notice and that whole window to download everything before it goes; after the service stops, we delete what we hold within 30 days of the shutdown date. Meanwhile, you do not have to wait for us: you can download a complete copy of any deal at any time, today — every document plus a summary sheet, from that deal's Documents tab. It works one deal at a time; there is no single download for every deal yet. A buyer who already has access to their purchase can download theirs from their own screen. Use it. A copy you hold is the only copy no outage, no bug, and no company can take away from you. (We limit how many of those archives one person can pull in an hour, because building one reads every file; if you hit it, wait a few minutes and carry on.)

The parts of this that other companies run

This app runs on other companies' infrastructure — hosting, the database, file storage, and the service that sends our email. They are named in the Privacy Policy. If one of them is down, loses something, changes its terms, or has a security incident, this app is affected and there is nothing we can do about it in the moment. We are not responsible for their failures, and we do not control them.

The same goes for anything a person types into a purchase: phone numbers and email addresses for a lender, a title company or an inspector are entered by your agent and are not checked by us. Calling a number you found in here does not mean we vouched for it.

Things genuinely outside anyone's control — an outage at a provider, a network failure, a natural disaster, a change in the law — pause what we owe you for as long as they last. They do not cancel it.

What we do with the data you put here, and what we promise about it

This section is here so that an agent, or a brokerage, does not have to ask us for a separate data-processing agreement to find out how we treat a client's information. If you are a broker being asked to approve this tool, this is the section to read.

We use your clients' information to run this service for you, and for nothing else. We process what you put in — your buyers' and sellers' details, their documents, the dates and the notes — only to provide the product, to keep it secure, and in the ways the Privacy Policy describes. We do not sell it. We do not rent it, share it for anyone's advertising, or build profiles for sale. No advertising or analytics company gets any of it.

The companies that help us run this are listed, and we tell you before the list changes. Every company that processes any of this on our behalf is named in the sub-processor list in the Privacy Policy, with what it does and a link to its own data terms. Before we add one, it appears on that list at least 14 days before it processes anything of yours, so there is time to look at it and to object by closing your account.

If there is a breach, you hear from us within 72 hours. If we confirm that personal data in here has been exposed or taken, we will tell the account holders affected within 72 hours of confirming it — the clock starts when we know, not when we have finished investigating — and we will tell you what happened, what was involved, and what we are doing about it. We will also notify regulators where the law requires it: for New York residents that means the Attorney General, the Department of State and the State Police under the SHIELD Act, as well as the people affected.

When you leave, you take it with you. While your account is open you can download a complete copy of any of your deals at any time, one deal at a time, from its Documents tab. When the agreement ends you keep that ability for the window described above. We do not delete what we hold on a timer. We delete it when you ask (within 30 days, as the Privacy Policy describes), when we stop running the service, or when the law requires it, except the other party's own copy of a transaction you both worked on.

Your own duties stay yours. None of this moves a licensee's obligations onto us. Keeping records for the period your state and your brokerage require, supervising the people you are responsible for, handling your clients' confidential information properly, and obtaining whatever consent your client relationship requires before you put someone's documents in a tool like this — all of that is still yours, every time.

If your brokerage signs a separate data-processing agreement with us, that agreement governs and this section is the floor beneath it, not a limit on it.

Limits on what we are responsible for

To the maximum extent the law allows, we are not liable for a missed deadline, a lost deal, a transaction that falls through, money sent to the wrong place, a document that turned out to be wrong or missing, a compliance or licensing problem, or any indirect, incidental, or consequential loss arising from using this app.

If we are found liable anyway, our total liability for all claims is capped at the greater of what you paid us in the twelve months before the claim, or one hundred US dollars. If you have paid us nothing — which is everyone while billing is switched off, and every buyer always — that means one hundred dollars.

What these limits do not reach. None of this limits anything the law does not let us limit. In particular it does not cover fraud, deliberate wrongdoing, or gross negligence; it does not cover personal injury; and it does not waive rights you have under consumer-protection, fair-housing or other statutes that do not permit waiver. Several states go further than others — among them California, New York, Texas and Louisiana — and where a state limits or forbids one of these exclusions, that exclusion applies to you only as far as that state allows, and the rest of this section still stands. If you are a buyer, note that you have paid us nothing and are here at your agent's invitation; nothing in this section is meant to leave you without a remedy the law gives you.

One thing we will say plainly rather than bury: wire fraud is real and common in real-estate closings. Never take wiring instructions from an email — including an email that appears to come from your agent, your lender, or your title company — without calling a phone number you already had to confirm them. No reminder in this app replaces that call, and we are not responsible for money sent on instructions that did not come from us.

If a claim comes from something you put in here

This section applies to agents, not to buyers. A buyer was invited here by someone else and owes us nothing under it.

If you are an agent and somebody brings a claim against us because of how you used this tool, you cover us for it — the claim itself, and what it costs us to deal with it, including reasonable legal fees. This is about misuse of the service, and it is limited to claims arising from:

  • information or documents you put in here that you did not have the right to put in — including a client's financial documents uploaded without their knowledge, or an email address entered without their agreement;
  • messages or documents you forwarded to us that you had no right to share — a text or an email from somebody else, passed on to us and, if your AI reading is on, read by it;
  • access you handed to somebody you had no right to give it to — inviting a person who is not a party to that purchase, or passing on a link that let them in;
  • using the service to break the law or to break these terms — anything on the “What you may not do” list above, including a fair-housing, licensing, advertising or record-keeping rule you broke through what you did in here, and a business you recommended on a client's list against your promise about it.
What this does not cover: your ordinary work as an agent. If your client, your brokerage, or another party to a transaction has a dispute with you about how you represented them, or about what you did or did not do in the deal, that is between you and them. It is not covered by this section, and it does not become something you owe us just because a record of that deal happens to sit in our app. If we are pulled in only because we hold records — a subpoena, a request for a copy of a file — that is not a claim under this section either. We are not asking you to insure us against your own profession.

Practically: we will tell you promptly if such a claim arrives, we will not settle it without asking you, you get to run the defence with a lawyer we are comfortable with, and we can take part at our own expense. This does not cover anything caused by our own wrongdoing.

If something goes wrong between us

Talk to us first. Before anybody files anything, tell us in writing what happened, what you want, and how to reach you. We get 60 days to sort it out with you. Most problems end here, and both of us are better off for it. This step does not stop either of us going to court about someone stealing or misusing the other's intellectual property, or asking a court to stop something urgently.

Don't sit on a claim for years. Any claim about this service has to be brought within two years of when you first knew, or reasonably should have known, about the thing you are complaining about. After that it is too late. Some states do not allow this shortening, and some consumer-protection laws override it — where that is true, the ordinary legal deadline applies instead of this one.

A few housekeeping points

  • Where this is offered. This service is run from the United States, for people buying and selling homes in the United States. We do not offer it to, or aim it at, people outside the US, and we make no claim that it complies with the law of any other country.
  • Ideas you send us. If you tell us what to build, or what is wrong with this, we can use it — freely, with no payment and no obligation to you. Please keep sending it. Don't send us anything you want to keep as a secret or as your own invention.
  • Our side of it. The software, the design, the checklists we wrote and the name stay ours. You get permission to use it while these terms hold, and nothing more.
  • If this business changes hands. We may transfer this agreement to whoever buys, merges with, or takes over the business, and your data goes with it as described in the Privacy Policy. You cannot transfer your account to somebody else without asking us.
  • Letting something go once is not letting it go forever. If we don't enforce something in here straight away, that is not us giving it up.
  • What outlives the account. The sections about what you put in here, the limits on our responsibility, the indemnity above, and this housekeeping keep applying after you stop using the service. The rest stops when you do.
  • You are not our employee or partner. Using this tool doesn't make us your broker, your agent, your fiduciary, or your business partner, and it doesn't give anyone else rights under these terms.

If we change these terms

The version on this page is always the current one, and the effective date at the bottom tells you when it started. If we change something that materially affects your rights, we will move that date and email the people with access before the change takes effect — today that is a person sending those emails, not an automated system, so if the address on your account is wrong, fix it.

If you keep using the service after a change takes effect, that is your agreement to it. If you don't agree, stop using it and ask us to delete your data.

Who you are agreeing with

HomeTrail is operated by Breezy Labs LLC, a Pennsylvania limited liability company. Everywhere on this page, “we”, “us” and “our” mean that company.

Law, and reaching us

These terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. If any part of these terms turns out to be unenforceable, the rest still stands.

These terms, together with the Privacy Policy, are the whole agreement between us about the service.

Questions, complaints, or anything legal: nabreazycontent@gmail.com.

Credits

ZIP code and town data: GeoNames (geonames.org), used under the Creative Commons Attribution 4.0 licence (creativecommons.org/licenses/by/4.0). We reduced it to ZIP, town and state.