Terms of Service

2. Acceptance of Terms

McKee Realty NYC Inc., together with any current and future affiliates (collectively, "McKee," "we," "us," or "our"), provides the Platform subject to these Terms. By visiting, browsing, or using any part of the Platform, you:

• Confirm that you are at least 18 years old; and
• Agree to be legally bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, do not use the Platform. Your continued use after we publish changes to these Terms constitutes acceptance of those changes.

3. Eligibility

To use the Platform, you represent and warrant that:

• You are at least 18 years of age.
• You are not barred from using the Platform under any applicable laws, sanctions, or export controls.
• If you are a licensed real estate professional using the Platform in connection with brokerage activity, you hold and maintain all licenses and registrations required in the relevant jurisdiction(s).
• You have the authority to agree to these Terms on behalf of yourself and any business or organization you represent.

4. Accounts & Payments

4.1 Account Registration

Certain features of the Platform require an account. When you create or update an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your password and account credentials.
• Promptly update your information, including email address and contact details, so that we can reach you.
• Accept responsibility for all activity that occurs under your account.

4.2 Security & Unauthorized Use

You must notify us immediately if you suspect any unauthorized access to your account or any breach of security. We reserve the right to disable, revoke, or restrict access to any account at our discretion, with or without notice, where we believe misuse or risk exists.

4.3 Fees & Billing

Portions of the Platform may be offered for a fee, including recurring subscription fees and one-time charges (collectively "Fees"). When you purchase a paid plan or service, you agree that:

• All Fees, billing cycles, and payment terms presented at checkout or in your agreement with McKee apply.
• Fees are exclusive of applicable taxes, which are your responsibility unless we state otherwise.
• You authorize us and our payment processors to charge your chosen payment method for all Fees due, including recurring charges for subscriptions until you cancel.
• We may change prices or introduce new charges at any time, with reasonable advance notice where required by law.

5. Our Services & Platform

McKee operates a technology-enabled real estate brokerage and a suite of SaaS tools designed for agents, teams, and clients. The Platform may include, without limitation:

• Public marketing websites and landing pages.
• Agent dashboards, commission tracking, and transaction workflows.
• Listing tools, forms, e-signature workflows, and document management.
• AI-powered tools that can help draft messages, marketing content, property descriptions, and analytics.
• Integrations with third-party services (for example, calendaring, CRM, lenders, title partners, or marketing tools).

McKee does not act as your attorney, accountant, or financial advisor. Any information or tools provided via the Platform are for informational and operational purposes only and do not replace professional judgment.

6. Changes to the Platform

We may add, remove, or modify features, content, or Services at any time, temporarily or permanently, with or without notice. This includes changes required for:

• Security, performance, and reliability.
• Compliance with law or industry standards.
• Product improvements and roadmap changes.

7. License to Use the Platform

Subject to your compliance with these Terms, McKee grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your own authorized business or personal purposes.

You may not copy, resell, sublicense, reverse engineer, disassemble, or otherwise attempt to derive source code, structure, or ideas underlying the Platform, except where such restrictions are prohibited by law.

8. Acceptable Use

You agree not to, and not to allow any third party to:

• Access any part of the Platform without authorization or in a way that exceeds the scope of access granted to you.
• Attempt to probe, scan, or test the vulnerability of any system or network, or circumvent any security or authentication measures.
• Introduce malware, viruses, or other malicious code into the Platform.
• Use the Platform to harass, stalk, defame, threaten, or otherwise harm others.
• Upload or share content that is unlawful, discriminatory, obscene, deceptive, or infringes the rights of others.
• Scrape, crawl, or harvest data from the Platform except as permitted through documented APIs or written consent.
• Use the Platform to send unsolicited marketing (“spam”) or otherwise violate the Telephone Consumer Protection Act, CAN-SPAM, or analogous laws.

We may suspend or terminate your access if we believe, in our sole discretion, that your use violates these Terms or creates risk for McKee, our users, or others.

9. Your Content

You may upload, submit, or generate content through the Platform ("User Content"), including text, images, documents, forms, and data. You remain the owner of your User Content, but you grant McKee a license to use it as described below.

By submitting User Content, you grant McKee a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

• Host, store, reproduce, display, and distribute your User Content as needed to operate the Platform.
• Use, modify, and create derivative works for internal purposes such as product development, testing, analytics, and improving our Services.
• Display certain content (e.g., agent profiles, listings, or marketing materials) publicly when you choose to publish or share it.

You represent and warrant that you have all necessary rights to submit your User Content and grant the licenses described above, and that your User Content does not infringe or violate the rights of any third party.

10. Beneficiaries & Emergency Contacts

If the Platform allows you to designate beneficiaries, revenue share successors, emergency contacts, or similar parties, you represent and warrant that you have the legal right and authority to provide their personal information to us and to designate them for such purposes. You are responsible for ensuring that such individuals are aware of and consent to being contacted or referenced in connection with your account.

11. Public & Community Areas

Certain areas of the Platform may allow you to post content visible to other users or to the public (for example, agent profiles or comments). Content you choose to make public is posted at your own risk. We cannot control what other users do with content you share publicly.

We reserve the right, but do not have an obligation, to monitor, moderate, or remove content we believe violates these Terms or applicable laws.

12. Electronic Signatures & Transactions

The Platform may offer electronic signature, form completion, and document workflow features. By using these features, you consent to transact electronically and agree that:

• Electronic signatures and records executed through the Platform may have the same legal effect as handwritten signatures, to the extent permitted by applicable law.
• You are responsible for reviewing documents before you sign them and for ensuring that electronic execution is permitted in your jurisdiction and context.
• McKee is not a party to your contracts and is not responsible for the legal sufficiency or enforceability of documents you sign using the Platform.

For legal advice regarding electronic signatures or contract enforcement, you must consult your own attorney.

13. Compliance with Laws

You are solely responsible for complying with all applicable laws, rules, regulations, and professional standards when using the Platform, including but not limited to real estate licensing rules, fair housing laws, advertising rules, data privacy laws, and anti-spam regulations.

14. Copyright & DMCA Policy

McKee respects intellectual property rights and expects users to do the same. If you believe that content on the Platform infringes your copyright, you may send a notice that includes:

• Identification of the copyrighted work you claim.
• Identification of the allegedly infringing material and its location on the Platform.
• Your contact information.
• A statement that you have a good-faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized agent.
• Your physical or electronic signature.

We may remove or disable access to material alleged to be infringing and may terminate repeat infringers. Insert your designated copyright agent contact information here.

15. Intellectual Property Rights

The Platform, including its design, software, architecture, branding, and all associated content (other than your User Content), is owned or licensed by McKee and protected by copyright, trademark, and other intellectual property laws.

McKee and associated logos, product names, and brand elements are trademarks or service marks of McKee. You may not use these marks without our prior written consent.

16. Real Estate Professionals

Many features of the Platform are intended for licensed real estate professionals and related service providers. If you use the Platform in that capacity, you represent that:

• You hold and maintain all applicable licenses and registrations in good standing.
• You will use the Platform in compliance with brokerage policies, MLS rules, and applicable law.
• You remain solely responsible for your client relationships, obligations, and the quality and legality of your services, even when using McKee’s technology.

17. Platform Disclaimer

McKee does not guarantee that any specific transaction will close, that any agent or client will meet your expectations, or that the Platform will produce any specific financial or business outcomes. You are responsible for verifying information, conducting due diligence, and making your own decisions regarding real estate transactions and business strategy.

18. AI & Automation Tools

The Platform may provide AI-powered or machine-learning features (collectively, the "AI Tools") to help you draft content, analyze data, or streamline workflows. By using AI Tools, you acknowledge and agree that:

• AI responses may be inaccurate, incomplete, or outdated and are provided for informational assistance only.
• AI outputs do not constitute legal, tax, financial, or compliance advice. You must validate any outputs before relying on them.
• You will not upload or input Social Security numbers, banking credentials, card numbers, health data, or other highly sensitive personal information.
• You remain responsible for fair housing, advertising, and professional-standards compliance when using AI Tools to interact with clients or publish content.
• McKee may process anonymized or aggregated interaction data to improve the AI Tools and overall Platform performance.

Misuse of AI Tools, including generating discriminatory content or attempting to circumvent legal requirements, may result in suspension or termination of access.

19. Beta & Experimental Features

From time to time we may make "beta," "preview," or "early access" features available. These may be incomplete, may change at any time, and may be less reliable than production features. You use beta features at your own risk, and we do not guarantee any particular service levels or support for them.

20. Disclaimers of Warranties

THE PLATFORM (INCLUDING ALL CONTENT, FEATURES, AI TOOLS, AND INTEGRATIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCKEE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of harmful components; that data will be accurate or up-to-date; or that specific results will be achieved.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MCKEE, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCKEE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MCKEE FOR THE RELEVANT SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

22. Class Action Waiver

To the fullest extent permitted by law, you and McKee agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You agree not to participate in any class action or representative proceeding against McKee related to the Platform or these Terms.

23. Indemnification

You agree to defend, indemnify, and hold harmless McKee and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any disputes between you and any client, agent, or other third party.

24. Governing Law

These Terms and any disputes arising out of or relating to the Platform will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, except where a different law is required by applicable consumer protection statutes.

25. Dispute Resolution

Before filing any legal action, you agree to first contact McKee and attempt to resolve the dispute informally. If we are unable to resolve the dispute within a reasonable time, then, except where prohibited, any claim arising out of or relating to these Terms or the Platform must be brought in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

Any cause of action you may have arising out of or related to the Platform must be commenced within one (1) year after the claim accrues; otherwise, such cause of action is permanently barred.

26. Force Majeure

McKee will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, failures of third-party infrastructure, or internet or power outages.

27. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

28. Third-Party Sites & Services

The Platform may link to or integrate with third-party websites, services, and applications. McKee does not control and is not responsible for third-party content, terms, privacy practices, or performance. Your use of third-party services is at your own risk and subject to those providers' terms.

29. Termination

You may stop using the Platform at any time. We may suspend or terminate your access to the Platform, or any portion of it, at any time for any reason, including if we believe you have violated these Terms or created risk to McKee or others.

Upon termination, your right to use the Platform will cease, but provisions that by their nature should survive (such as intellectual property, disclaimers, limitations of liability, and indemnity) will remain in effect.

30. Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without McKee's prior written consent. McKee may assign these Terms, in whole or in part, at any time without notice.

31. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page and may provide additional notice where required. Your continued use of the Platform following any changes constitutes your acceptance of the updated Terms.

32. Electronic Communications & Notices

By using the Platform, you consent to receiving communications from us electronically (for example, via email, in-app messages, or notices on the Platform). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

You can adjust certain marketing preferences using the unsubscribe links in our emails or by contacting us using the details below.