Terms of Service

Effective date: [to be set on publication]

Draft for counsel review. Not yet in effect.

These terms are an agreement between you and Solimark LLC ("Solimark", "we", "us"), which operates Proferral. By creating an account or using Proferral you agree to them. Our Privacy Policy explains how we handle personal information.

1. The service

Proferral helps real estate agents keep track of the providers they recommend, the referrals they make and how those referrals turn out, and gives their clients a go-to list they can keep and forward. Proferral is in beta: features may change, and we may make mistakes that we will work to fix.

2. Accounts

You must be at least 18 and able to enter a binding contract to create an account. Accounts are for real estate agents and other professionals in the United States who recommend providers to clients. The information you give us, including your license details, must be true and kept current. You are responsible for activity under your account and for keeping your sign-in methods secure. Tell us at hello@proferral.app if you think your account has been misused.

Consumers who open a list, card or link an agent shares do not need an account. Sections 7 and 9 to 13 apply to their use of Proferral.

3. Plans, trials and billing

Proferral has a free plan and a paid plan, Proferral Pro. Pro costs $24 per month or $240 per year, plus any applicable tax. A free trial of Pro lasts 30 days (60 days in some invitation offers, and we may extend a trial once) and does not require a card. When a trial ends, your account returns to the free plan unless you subscribe.

Subscriptions are billed in advance through Stripe and renew automatically at the end of each period until you cancel. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current period. Deleting your account cancels your subscription immediately. [Refund terms — counsel to confirm.] We will give you at least 30 days' notice before changing the price of your plan.

We do not take features away from the free plan once they are offered there.

4. Your records

The clients, recommendations, notes and referral records you enter are yours. They stay yours on every plan, and we never transfer your client records to a brokerage, an office or another agent. You give us permission to store, process and display them as needed to run Proferral for you, including sharing the providers and notes you choose to share with your office and counting referral outcomes in ways that never identify a client, as described in our Privacy Policy. You can export them or delete them at any time.

You are responsible for having the right to enter information about your clients and for what you write about providers. Your notes about a provider are your own words and must be honest and not defamatory.

5. Email sent in your name

Proferral sends email in your name only when you have drafted or reviewed and approved it. You are the sender of that email for the purposes of laws such as CAN-SPAM, and you are responsible for its content and for having a lawful basis to send it. We add an unsubscribe link and your postal address to every such email, honor every unsubscribe, and may limit how many messages you send and how often.

If you use your private inbound address (BCC), send or forward to it only from your own account address, and only email you are entitled to share with us.

6. No paid placement, no referral rewards

Real estate agents are settlement service providers under the Real Estate Settlement Procedures Act. To keep every recommendation on Proferral free of payment:

• No provider can pay, or give anything of value, to appear on a list, to be featured, or to be ranked higher. The order of a list never depends on anyone's plan.
• Proferral has no referral fees, lead fees or rewards, and does not let anyone pay, reward or give a gift to an agent, a consumer or anyone else for making or receiving a referral. A plain thank-you note with nothing attached is allowed.
• A Pro subscription buys tools for handling your referrals. It never buys visibility.

You may not use Proferral to offer, give or accept anything of value in exchange for a referral.

7. Acceptable use

You may not: break the law or anyone's rights; send spam or email to people who have opted out; enter information you have no right to share; impersonate anyone; probe, scrape or overload the service, or get around its security or limits; or use it to build a competing product.

8. Third-party services

Proferral uses Google, Microsoft and Apple for sign-in, Stripe for billing and Google Places for business details. If you connect Zapier, data you choose to send goes to your Zapier account under Zapier's terms. We are not responsible for third-party services.

9. Provider information

Recommendations on Proferral are the personal opinions of the agents who make them. License status shown on Proferral comes from public state records, and business details from Google Places; either may be incomplete or out of date. Solimark does not endorse, employ or guarantee any provider. Check a provider yourself before hiring them; any agreement you make with a provider is between you and that provider.

10. Our service and content

Proferral, its software and its branding belong to Solimark. We give you a personal, non-transferable right to use Proferral under these terms. If you send us feedback, we may use it without owing you anything.

11. Disclaimers

Proferral is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

12. Limitation of liability

To the extent the law allows, Solimark is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and Solimark's total liability for any claim about Proferral is limited to the greater of the amount you paid us in the 12 months before the claim and $100.

13. Indemnity

You will defend and indemnify Solimark against claims arising from the information you enter, the email sent in your name, or your breach of these terms.

14. Ending your account

You can delete your account at any time in Settings, as described in our Privacy Policy. We may suspend or end your account if you break these terms, including section 6, or if we stop offering Proferral; where we can, we will give you notice and a chance to export your records first.

15. Changes to these terms

We may update these terms. We will post the new version here with a new effective date and email you before a material change takes effect. Continuing to use Proferral after that means you accept the change.

16. Governing law

These terms are governed by the laws of [state — counsel to confirm], without regard to its conflict-of-law rules. [Venue and dispute resolution — counsel to confirm.]

17. Contact

Solimark LLC, [postal address], hello@proferral.app.