End User License Agreement (EULA)

Effective Date: December 21, 2024

Last Updated: December 21, 2024

1. License Grant

Subject to your compliance with this EULA, Mobile MLS Command Center ("Licensor," "we," "us," or "our") grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Mobile MLS Command Center application ("App") on devices that you own or control, solely for your personal, non-commercial use.

2. License Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the App
• Distribute, transfer, sublicense, lease, lend, or rent the App to any third party
• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any commercial purpose without our written consent
• Use the App to develop competing products or services
• Use the App in any way that violates applicable laws or regulations
• Access the App through automated means (bots, scrapers, etc.)
• Circumvent any security features or access restrictions

3. Ownership

The App, including all content, features, and functionality, is owned by the Licensor and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This EULA does not grant you any rights to trademarks, service marks, or logos used in the App.

4. User Content and Data

User Content

You retain ownership of any content you submit through the App. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of operating and improving the App.

MLS Data

The real estate listing data displayed in the App is provided by Multiple Listing Services (MLS) and is subject to additional terms and restrictions. You acknowledge that:

• MLS data is proprietary and protected by copyright
• You may use MLS data only for personal, non-commercial purposes
• You may not reproduce, redistribute, or sell MLS data
• Data accuracy is not guaranteed and should be independently verified

5. Updates and Modifications

We may, in our sole discretion:

• Update, modify, or discontinue the App at any time
• Release new versions with additional features or changes
• Require you to update to the latest version to continue using the App
• Change or remove features without notice

You acknowledge that we have no obligation to provide updates or continue to provide or enable any particular features or functionality.

6. Privacy and Data Collection

Your use of the App is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you consent to our data practices as described in the Privacy Policy.

7. Third-Party Services

The App may contain links to or integrate with third-party services, including:

• Real estate agent services
• Mapping and location services
• Authentication providers
• Analytics services

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or content.

8. Disclaimers and Warranties

No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

No Professional Advice

The App is for informational purposes only and does not constitute professional real estate, legal, financial, or tax advice. All real estate decisions should be made in consultation with qualified professionals.

Assumption of Risk

You acknowledge that:

• Property information may be inaccurate or outdated
• Real estate transactions involve significant financial risk
• You are solely responsible for verifying all information
• You assume all risks associated with using the App

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• THE LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD)
• THESE LIMITATIONS APPLY EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

10. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your violation of this EULA
• Your violation of any third-party rights
• Your use or misuse of the App
• Your content or data

11. Termination

Termination by You

You may terminate this EULA at any time by deleting the App from your devices and discontinuing use.

Termination by Us

We may terminate or suspend your license immediately, without prior notice or liability, if you breach any provision of this EULA or for any other reason in our sole discretion.

Effect of Termination

Upon termination:

• All rights granted to you under this EULA will immediately cease
• You must stop all use of the App
• You must delete all copies of the App from your devices
• Provisions that by their nature should survive termination will survive

12. Export Compliance

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.

13. Governing Law and Disputes

Governing Law

This EULA is governed by the laws of the State of Wisconsin, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to this EULA shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wisconsin, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Apple-Specific Terms

If you are using the App on an iOS device, you acknowledge that:

• This EULA is between you and the Licensor only, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any product warranties
• Apple is not responsible for addressing any claims relating to the App
• Apple is not responsible for third-party intellectual property claims
• Apple and its subsidiaries are third-party beneficiaries of this EULA

15. General Provisions

Entire Agreement

This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and the Licensor regarding the App.

Severability

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer this EULA. We may assign our rights and obligations without restriction.

16. Contact Information