Agent and Broker Subscription Terms

1. Eligibility

To subscribe you must:

• hold an active real estate licence in good standing in the state where you practise;
• be a participant or subscriber in good standing of each multiple listing service whose data you access through the Services, and remain so;
• if you are an agent, be sponsored by a broker who permits your use of the Services; and
• provide accurate licence, brokerage, and identity information, and keep it current.

We may verify your licence status and MLS standing at any time and may suspend access if either lapses.

2. Accounts, roles, and brokerage oversight

The Services distinguish agents, brokers, and office managers.

Supervision follows sponsorship, not payment. Where a brokerage subscribes to the Services, its broker and any office manager can see the client records, activity, and communications of the agents that brokerage sponsors — including agents who pay for their own seats. Under the Texas Real Estate License Act a sponsoring broker is responsible for supervising the real estate activity of the agents beneath them, and paying for your own software licence does not relieve your broker of that duty or deny them the means to discharge it.

Paying for your own seat is not privacy from your broker. It is ownership of your book. What a self-paying agent gets is not invisibility during the affiliation — it is that the clients you originated remain yours when the affiliation ends. See Section 7.

A brokerage that does not subscribe receives nothing. Where a brokerage's only role is to provide the broker authorisation the MLS requires, and it is not otherwise a customer of ours, it receives no access to any agent's client records. Broker authorisation and platform access are separate things, and providing one does not grant the other.

• You must not share your credentials. Each licensee requires their own seat.
• You are responsible for everything done under your account.

3. Subscriptions, fees, and cancellation

Plans. Access is provided on a subscription basis. Current pricing and billing periods are shown at the point of purchase.

Who pays. A seat may be paid for by you individually ("self-pay") or by your brokerage ("broker-paid"). Who pays determines what happens to client records if you leave the brokerage — see Section 7. Please read that section before choosing.

Billing. Payments are processed by Stripe. Subscriptions renew automatically for successive periods until cancelled. You authorise us to charge your payment method for each renewal at the then-current price.

Price changes. We will give at least 30 days' notice before a price change takes effect, and it will apply from your next renewal. You may cancel before then.

Cancellation. You may cancel at any time through your billing portal or by contacting helpdesk@theboundarystone.com. Cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law, and except that we will refund a pro-rated amount if we terminate for convenience under Section 9.

Taxes. Fees are exclusive of applicable taxes, which you are responsible for.

Non-payment. If payment fails we may suspend access after notice and a reasonable opportunity to cure.

4. Your compliance obligations

Access to licensed listing data and to consumer contact tools carries obligations that are yours, not ours. You agree that you will:

MLS and listing data

• comply with the rules, regulations, and policies of each MLS whose data you access, including IDX display rules, attribution and logo requirements, and refresh requirements;
• not copy, scrape, redistribute, resell, or create a derivative database from listing data obtained through the Services;
• not share listing data with any person who is not authorised to receive it;
• display listing data only as the applicable MLS permits.

Real estate regulation

• comply with the Texas Real Estate License Act and Texas Real Estate Commission rules, including advertising rules, and their equivalents in any other state where you practise;
• provide your own agency disclosures, including the Information About Brokerage Services notice, and your own required advertising identifications. We do not provide these for you and we are not responsible for them.

Fair housing

• comply with the federal Fair Housing Act, the Texas Fair Housing Act, and all applicable fair housing law. You will not use the Services to steer, filter, target, or exclude on the basis of a protected characteristic.

Consumer communications

• comply with the CAN-SPAM Act, the Telephone Consumer Protection Act, and applicable state marketing law when you send messages through or as a result of the Services;
• ensure you have a lawful basis to contact each person you upload, import, or message;
• honour opt-out and unsubscribe requests. You are the sender and the advertiser for messages you originate through the Services. Our systems apply unsubscribe handling and include the postal address of record, but the legal responsibility for your marketing is yours.

Client data

• collect, use, and retain client information lawfully, and give your clients whatever notice and choices the law requires of you.

5. Client records and personal data

Your clients' data. As between you and us, client information you enter or import remains yours and your brokerage's, and we process it on your behalf to provide the Services. We do not sell it and we do not use it to market to your clients on our own account.

Our use. We may use aggregated and de-identified information derived from use of the Services to operate, secure, and improve them, provided it does not identify you, your brokerage, or any client.

The in-app assistant. One practice is deliberately outside the paragraph above, because it is not de-identified. When you ask the assistant a question about a community, we record the wording of your question, the community it relates to, and whether we had a verified answer, linked to your account. We use this to see which questions agents ask most often and write the answers into our community guides. These records are readable by our administrators; they are not shared with other agents or brokerages, are not shown to buyers, and are not used to train AI models. Questions you ask about your own clients — their notes, their activity, your schedule, who to contact — are not recorded this way. Our Privacy Policy describes this in full.

Consumer rights. If a consumer exercises a privacy right with us, we will act on records we control and will tell them, honestly, that records may also exist with you and your brokerage. You are responsible for responding as to your own records.

Data protection. Each of us will maintain reasonable administrative, technical, and physical safeguards. We will notify you without undue delay of a security incident affecting your data.

6. Licensed data — the constraint behind Section 4

Listing data reaches you under a licence between us and the data provider. That licence is non-exclusive and non-sublicensable, grants no implied rights, provides for liquidated damages of $5,000 for each disclosure of listing data to an unauthorised third party, and gives the provider audit rights.

A breach by you can terminate our feed for everyone. We therefore enforce Section 4 strictly, may suspend access immediately on reasonable suspicion of a breach, and may pass through any damages assessed against us that are attributable to your conduct.

If our licence ends or its terms change, we may modify or withdraw listing-data features without liability, and Section 9 applies.

7. If you leave your brokerage

This section governs what happens to records when an agent's affiliation with a brokerage ends. It is important, and the outcome depends on who paid for the seat. Read it before you choose.

Three separate questions, decided by three separate rules. Conflating them is the usual source of disputes, so we state them apart:

7.0 Client records follow their origin, not the seat

Each client record is marked according to how the relationship began:

• Brokerage-provided clients. Leads arriving through a brokerage's own lead sources — including a brokerage-operated portal account, floor time, or referral — are deposited into that brokerage's unassigned lead pool. When the brokerage distributes a lead from that pool to an agent, whether manually or by an automatic method it has chosen, the resulting client record is marked as brokerage-provided. Clients a broker or office manager reassigns from another agent are treated the same way. These remain with the brokerage.
• Agent-originated clients — those you created, brought with you, imported from your own records, or generated through your own lead sources and efforts. These remain with you.

The distinction is recorded at the moment a client enters your workspace, not reconstructed afterwards, so that neither party is relying on memory when an affiliation ends.

This rule applies regardless of who pays for the seat. An agent who pays for their own seat does not thereby acquire clients the brokerage handed them; a brokerage that pays for a seat does not thereby acquire clients the agent brought with them.

In every case your personal notes about a client travel with you and are removed from the other party's copy.

7.1 Where the agent pays for their own seat

You keep your workspace, uninterrupted — the account, the subscription, and your agent-originated client records, notes, saved searches, and history.

Any brokerage-provided clients remain with the brokerage under §7.0, together with those clients' saved searches and search history, and are removed from your workspace.

Where your former brokerage does not pay us for any seat, it retains nothing further, because it was never our customer — its role was to provide the broker authorisation required by the MLS, not to pay for or supervise your workspace.

Active written representation agreements remain with the brokerage, because under Texas law such an agreement is between the client and the broker rather than the individual agent. Keeping a client record is not the same as keeping the client.

When you affiliate with a new brokerage, we will need a fresh broker authorisation from that brokerage before MLS listing content continues to be available to you.

7.2 Where the brokerage pays for the seat

The brokerage keeps the working account. The client records remain with the brokerage in active form, including each client's saved searches and search history, so that the brokerage can continue to serve those clients without interruption.

Your personal notes leave with you. Notes you recorded about a client are removed from the brokerage's copy and travel with you.

You receive a static copy, containing your client records and your notes. It is a reference copy, not a working account: it is not connected to live listing data, does not receive updates, and cannot be used to continue working the clients from that brokerage.

Active written representation agreements remain with the brokerage, because under Texas law such an agreement is between the client and the broker rather than the individual agent.

7.3 In every case

• Licensed MLS listing content is not retained by any departing party. Entitlement to listing content follows MLS affiliation, so we remove listing payloads from retained records when affiliation ends.
• Your clients' wishes govern. Nothing in this section overrides a client's instruction about who represents them or what happens to their information, or any obligation you owe your client, your broker, or the MLS.

8. Confidentiality

Each of us may receive confidential information of the other. Each will use it only for purposes of these Terms, protect it with at least reasonable care, and not disclose it except to those with a need to know who are bound by similar obligations. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party, or where disclosure is legally compelled.

9. Suspension and termination

By you. Cancel at any time under Section 3.

By us for cause. We may suspend or terminate immediately if you breach these Terms, if your licence or MLS standing lapses, if we reasonably suspect a breach of Section 4 or 6, or if your use creates legal risk to us or to our data licence.

By us for convenience. We may terminate on 60 days' notice, refunding any pre-paid fees for the unused period.

On termination. Your access ends. For 60 days afterwards you may request a copy of your client records, and we will provide one in a readable, transferable format. Requests go to helpdesk@theboundarystone.com and are handled by a person rather than a self-service tool, which at our current size is honest and works. After that period we may delete the records, subject to anything we must retain by law and to Section 7 where a brokerage relationship is involved.

Sections 4, 5, 6, 7, 8, 10, 11, 12 and 13 survive.

10. Warranties and disclaimers

We warrant that we will provide the Services with reasonable skill and care.

Otherwise the Services are provided "as is." To the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant the accuracy of listing data or of community governing-document analysis. Listing data originates with submitting brokerages and the MLS. Community rule findings are a reading of documents, not legal advice, and you remain responsible for advising your clients and for verifying anything material.

We do not warrant uninterrupted or error-free operation.

11. Limitation of liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or lost business opportunity.
• Our total aggregate liability arising out of or relating to these Terms will not exceed the total fees you paid us in the twelve months preceding the event giving rise to the claim.

These limits do not apply to: your obligations under Sections 4 and 6, your indemnity under Section 12, either party's breach of confidentiality, or liability that cannot lawfully be limited.

12. Indemnity

You will indemnify, defend, and hold harmless The Boundary Stone LLC and its members, officers, and employees from any claim, loss, liability, damage, penalty, or expense, including reasonable attorneys' fees, arising out of:

• your breach of Section 4 or Section 6, including any assessment made against us by a data provider that is attributable to your conduct;
• your violation of real estate, fair housing, privacy, or marketing law;
• messages you send through or as a result of the Services;
• your handling of client personal data; or
• a dispute between you and a client, another licensee, or your brokerage.

13. Commission accounting — and the money we never hold

We never hold your money, or anyone else's. The Boundary Stone does not receive, hold, escrow, disburse, or transmit earnest money, trust funds, closing proceeds, commission payments, or any other funds belonging to you, your brokerage, your agents, or your clients. We are not a bank, an escrow agent, a title company, or a money transmitter, and we do not act as one. The only money that moves between us is what you pay us for a subscription under Section 3.

This is a permanent boundary, not a feature we have not built yet. We say so plainly because the accounting tools below deal in figures that look like payments. They are records of payments made elsewhere.

What the accounting tools actually do. Where the Services provide commission plans, commission calculations, disbursement authorisations, agent ledgers, agent billing, or brokerage reporting, they record and present figures that you and your brokerage determine. They do not move funds and they do not decide what anyone is owed. A commission disbursement authorisation produced through the Services is your brokerage's instruction to its title company or escrow agent — it is a document we help you prepare, not a payment we make. Funds reach an agent from the title company or from the brokerage's own account, never from us.

Trust and escrow accounts are outside the Services entirely. If your brokerage maintains a trust or escrow account, it is maintained by your brokerage at its own financial institution under 22 TAC §535.146 and related rules. The Services do not hold, mirror, reconcile, or account for those funds, and nothing in the Services should be relied on as a trust account record.

The records remain yours, and so does the obligation to keep them. A broker must maintain records of receipts and disbursements of compensation, and other transaction records, in a format readily available to the Texas Real Estate Commission, for at least four years (22 TAC §535.2(h)). The Services are designed to help you keep that record and to let you export it. The legal obligation is yours, not ours. You should satisfy yourself that what the Services hold is complete, and you should keep your own copies. We are not a system of record for your regulator.

Compensation must still run through the broker. Texas law requires that a sponsored sales agent be paid by, through, or with the written consent of the sponsoring broker (Tex. Occ. Code §1101.651, 22 TAC §§535.2(i)(3) and 535.3). Recording a split, a plan, or a payment in the Services is not that consent and does not substitute for it.

We are not your accountant. Figures shown or exported by the Services, including any year-to-date, production, or ledger total, are operational figures for your own management use. They are not accounting advice, not tax advice, and not tax documents. We do not prepare, issue, or file any tax form, including Form 1099. Any export to accounting software is a convenience; your general ledger, your books, and your filings remain yours and your accountant's.

Your figures are your responsibility. The calculations reflect the plans, splits, fees, and rates you configure. If those inputs are wrong, the outputs will be wrong. You are responsible for reviewing them before you rely on them, and Sections 10 and 11 apply.

14. General

Governing law. Texas, without regard to conflict of laws principles.

Venue. The state or federal courts in Young County, Texas, to whose jurisdiction both parties consent.

Entire agreement. These Terms and the Privacy Policy are the entire agreement about the Services and supersede prior discussions. If your brokerage has signed a separate written agreement with us, that agreement controls where it conflicts.

Changes. We may update these Terms on 30 days' notice. If you object to a material change, you may cancel before it takes effect; continued use afterwards is acceptance.

Assignment. You may not assign without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.

Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship. We are not a real estate brokerage and do not perform brokerage services.

Severability, no waiver, notices. An unenforceable provision is severed and the rest survives. A failure to enforce is not a waiver. Notices to us go to helpdesk@theboundarystone.com and to the address below; notices to you go to your account email.

The Boundary Stone LLC, 15535 CR 166, Graham, TX 76450