Terms of Service

Last Updated: October 4, 2026

1. Introduction and Acceptance

Welcome to Tortus (the "Platform"), operated by Tortus LLC ("Company," "we," "us," or "our"). The Platform provides real estate technology services including property search, listing management, client collaboration, back-office analytics, and website services powered by Multiple Listing Service ("MLS") data.

By accessing or using the Platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms apply to all users of the Platform, including:

Consumers: Individuals using the Platform to search for properties or collaborate with a real estate professional in connection with a real estate transaction
Real Estate Professionals: Licensed real estate agents, brokers, and salespersons
Brokerages: Real estate brokerage firms accessing the Platform for their agents and clients

If you are using the Platform on behalf of a brokerage or other organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

The Platform may provide the following services, depending on your subscription and user type:

2.1 Property Search (IDX/VOW): Access to real estate listing data from participating MLSs for the purpose of searching, viewing, and saving property listings. Limited listing information may be viewable without registration (IDX). Comprehensive listing data with collaboration features requires registration and an established broker-client relationship (VOW).

2.2 Data & Intelligence: Access to comprehensive property data including:

Public records data (deeds, mortgages, tax records, permits, violations, and other government records)
ACRIS integration for NYC property documents
Historical ownership and transaction data
Building and unit-level information
Market analytics and trend data

2.3 CRM & Relationship Management: Tools for managing contacts, clients, leads, and relationships, including activity tracking, lead scoring, tagging, and segmentation.

2.4 Prospecting & Outreach: Tools including power dialer, skip tracing, prospecting queues, and lead signal alerts to identify and pursue opportunities.

2.5 Deal Management: Pipeline management, task automation, and workflow tools for managing transactions from lead to close.

2.6 CMA & Valuation: Comparative market analysis tools with comp selection, adjustments, and professional PDF report generation.

2.7 Market Reports: Customizable market report dashboards with visualization widgets, chart themes, and sharing capabilities.

2.8 Calculators: Financial calculators for buyers, sellers, and investors including closing cost estimates, net sheets, and investment analysis.

2.9 Communication Hub: Unified inbox for email, SMS, calls, and notes with Gmail integration and team collaboration features.

2.10 Calendar & Tasks: Team calendar with Google Calendar sync, showing scheduler, and task management.

2.11 Listing Management (LMP): Tools enabling Real Estate Professionals to submit, edit, and manage property listings directly in participating MLSs.

2.12 Website Services (IDX): Domain connection services enabling Brokerages to display MLS listing data on their own websites. Brokerages connect their domain via CNAME to our platform; we do not take over nameservers or host full websites.

2.13 Artificial Intelligence Features: We use artificial intelligence and machine learning technologies for features including property recommendations, automated valuations, market analysis, natural language commands, smart matching, and other Platform enhancements.

2.14 Third-Party Integrations: The Platform may offer integrations with third-party services, including but not limited to:

Customer Relationship Management (CRM) systems
Email services (Gmail, Outlook)
Calendar tools (Google Calendar)
Phone and communication services (Twilio)
Other business productivity tools

These integrations allow you to connect your third-party accounts to the Platform to streamline your workflow. Availability of specific integrations may vary.

2.15 Mobile Application: Native iOS application providing access to Platform features on mobile devices.

Not all services are available to all users. Service availability depends on your user type, subscription level, and MLS participation. Certain features may be marked as "Coming Soon" and are not yet available.

Service analytics and session recording. To operate, support, and improve the Platform, we record and replay sessions in the signed-in applications — the pages you view, clicks, scrolling, and the page content as displayed. Text you type into form fields is masked and is not captured; passwords are never captured; and payment card fields and other third-party frames are excluded from recording. By creating an account and using the Platform, you acknowledge and agree to this recording. What is captured, how long it is kept, and how to reach us about a specific recording are described in Section 3.8 of our Privacy Policy.

Recording on our public marketing website and on the websites we host for Real Estate Professionals is handled separately and is governed by the cookie banner shown on those sites, not by this Section.

3. Eligibility and Registration

3.1 General Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Platform.

3.2 Consumer Registration (VOW Features)

Access to VOW (Virtual Office Website) features requires an invitation from a participating Real Estate Professional. Consumers cannot self-register for VOW access. Upon invitation, you must:

Provide a valid email address and verify it
Establish a lawful broker-client relationship with the inviting Real Estate Professional
Have a bona fide interest in the purchase, sale, or lease of real estate
Accept these Terms, our Privacy Policy, and the VOW Terms Acceptance

3.3 Consumer Access (IDX Features)

Limited listing information may be viewable through IDX features without registration. Full listing details and saved search features may require registration.

3.4 Real Estate Professional Registration

If you are a Real Estate Professional, you must:

Hold a valid real estate license in the applicable jurisdiction(s)
Be affiliated with a brokerage that is a participant in good standing with the applicable MLS(s)
Provide accurate license and affiliation information
Accept these Terms and our Privacy Policy

3.5 Brokerage Registration

If you are registering on behalf of a Brokerage, you must:

Be authorized to bind the Brokerage to these Terms
Ensure the Brokerage is a participant in good standing with the applicable MLS(s)
Accept these Terms, our Privacy Policy, and any separate written agreement applicable to your organization

3.6 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized access or use of your account.

4. MLS Data: Sources, Licensing, and Restrictions

4.1 Data Sources

The Platform displays data from the following sources:

MLS Listing Data:

REBNY Residential Listing Service (RLS)
OneKey MLS
Additional MLS data sources may be added from time to time

Public Records Data:

NYC ACRIS (deeds, mortgages, UCC filings, and other recorded documents)
Property tax records
Department of Buildings permits and violations
Other government and public record sources

Other Sources:

Third-party data providers
User-submitted information

4.2 License Grant to Users

Subject to these Terms and applicable rules, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Platform data solely for:

Consumers: Personal, non-commercial use in connection with a bona fide real estate transaction
Real Estate Professionals: Providing real estate brokerage services to your clients
Brokerages: Operating your real estate brokerage business and serving your agents and their clients

MLS Listing Data is subject to additional restrictions set forth in Section 5. Public records data may be used for lawful business purposes related to real estate transactions and analysis.

4.3 Prohibited Uses

You shall NOT:

Copy, reproduce, distribute, republish, download, scrape, or transmit MLS Listing Data except as expressly permitted by applicable MLS rules
Use MLS Listing Data for any purpose other than evaluating properties for a real estate transaction
Sell, license, or commercially exploit MLS Listing Data
Use automated tools, bots, scrapers, or similar technology to access Platform data in violation of these Terms
Remove, obscure, or alter any copyright notices, attributions, or disclaimers
Use Platform data to create derivative databases or competing products
Access MLS Listing Data after your account has been terminated or your authorization revoked
Share your account credentials or allow unauthorized persons to access data through your account

4.4 Data Accuracy Disclaimer

IMPORTANT: Platform data is provided by third-party sources including MLSs, government agencies, and public records. We do not independently verify data for accuracy, completeness, or authenticity.

MLS Listing Data is provided by listing brokers and may contain errors or omissions
Public records data is sourced from government agencies and may be outdated or incomplete
ACRIS and other recorded documents reflect information as filed and may contain errors
You should independently verify all data before relying on it for any transaction or decision

5. MLS-Specific Terms and Disclaimers

5.1 REBNY Residential Listing Service (RLS)

The following terms apply to Listing Data sourced from the REBNY RLS:

Required Disclaimer: This information is not verified for authenticity or accuracy and is not guaranteed and may not reflect all real estate activity in the market. © 2026 The Real Estate Board of New York, Inc., All rights reserved.

Attribution: Listing Data from REBNY RLS is provided courtesy of the Real Estate Board of New York's Residential Listing Service (the "RLS"). Each listing identifies the Exclusive Listing Broker.

Consumer Acknowledgment (VOW Users): By accessing Listing Data through the Platform's VOW features, you acknowledge that:

The listing information provided is for your personal, non-commercial use
You may not retransmit, redistribute, or copy the listing information except in connection with your consideration of the purchase and/or sale of an individual property
The listing information is not verified for authenticity or accuracy and is not guaranteed
The listing information may not reflect all real estate activity in the market
Copyright in the listing information is held by REBNY and/or the respective listing brokers

Audit Access: You authorize REBNY and/or its authorized representatives to access the Platform to confirm compliance with REBNY RLS rules and policies.

5.2 OneKey MLS

The following terms apply to Listing Data sourced from OneKey MLS:

Confidentiality: OneKey MLS Data is confidential information. You shall protect it with the same degree of care you use for your own sensitive business information.

Prohibited Disclosure: Unauthorized disclosure of OneKey MLS Data to third parties may result in liquidated damages of $15,000 per disclosure as specified in the OneKey MLS Participant Data Access Agreement.

5.3 Public Records Data

The Platform provides access to public records data including NYC ACRIS documents, property tax records, Department of Buildings permits and violations, and other government records. This data:

Is sourced from government agencies and public record repositories
May not reflect the most current information due to recording and processing delays
May contain errors, omissions, or inaccuracies as originally filed
Is provided for informational purposes only
Should be independently verified before relying on it for any legal or financial decision

Public records data is not subject to MLS restrictions but remains subject to applicable law and the general use restrictions in these Terms.

5.4 Additional MLS Terms

Additional MLS-specific terms may apply depending on the data sources available in your market. Such terms will be presented to you and incorporated into these Terms by reference.

6. Additional Terms for Consumers

If you are a Consumer using the Platform, the following additional terms apply:

6.1 Invitation Required (VOW)

Access to VOW features requires an invitation from a Real Estate Professional. You cannot self-register for VOW access.

6.2 Broker-Client Relationship

Your use of VOW features establishes a broker-client relationship with the Real Estate Professional who invited you. This relationship is non-exclusive unless you have entered into a separate exclusive representation agreement with your Real Estate Professional. Such agreements are separate from these Terms.

6.3 Bona Fide Interest

You represent that you have a bona fide interest in the purchase, sale, or lease of real estate. The Platform is not intended for casual browsing unrelated to a real estate transaction.

6.4 VOW Terms Acceptance

Before accessing VOW features, you must separately accept the VOW Terms Acceptance, which includes additional acknowledgments required by participating MLSs.

6.5 Agent Access to Your Activity

You acknowledge that your Real Estate Professional will have access to information about your activity on the Platform, including:

Properties you have viewed and saved
Searches you have performed
Notes and comments you have made
Frequency and duration of your Platform usage

This information helps your Real Estate Professional provide better service to you.

6.6 No Financial Obligation

Acceptance of these Terms and registration on the Platform does not create any financial obligation on your part to any Real Estate Professional or Brokerage. Your financial obligations, if any, arise from separate agreements with your Real Estate Professional.

7. Additional Terms for Real Estate Professionals

If you are a Real Estate Professional using the Platform, the following additional terms apply:

7.1 License and MLS Standing

You represent and warrant that:

You hold a valid, active real estate license in each jurisdiction where you conduct business through the Platform
You are affiliated with a brokerage that is a participant in good standing with each MLS from which you access data
You will maintain your license and MLS participation throughout your use of the Platform

7.2 Notification of MLS Status Changes

You must notify us within 24 hours if:

Your real estate license is suspended, revoked, or expires
Your MLS participation is terminated, suspended, or lapses
Your brokerage affiliation changes
You are no longer authorized to access MLS data for any reason

7.3 Effect of MLS Affiliation Loss

If your MLS participation is terminated, suspended, or lapses:

Your access to that MLS's Listing Data through the Platform will be terminated
If you use Website Services (IDX), MLS Listing Data will be removed from your website
Your clients who were granted VOW access through your account will lose access to that MLS's Listing Data
Your access to Platform features that do not require MLS data (such as public records, CRM, and communication tools) may continue, subject to your subscription

We rely on your notification and MLS-provided status information to manage access. You remain responsible for your compliance with MLS rules regardless of Platform access status.

7.4 Compliance Obligations

You are responsible for:

Inviting clients to the Platform and ensuring they accept the required terms before accessing VOW features
Complying with all applicable MLS rules, regulations, and policies
Complying with all applicable real estate laws, including fair housing laws and licensing requirements
Ensuring accurate and truthful listing information if using LMP features
Maintaining records as required by applicable MLS rules and regulations

7.5 Client Invitations and Data Access

You may invite clients to use the Platform's VOW features. You will have access to information about your clients' activity on the Platform as described in Section 6.5. You agree to:

Use client activity data only for providing real estate services to those clients
Maintain the confidentiality of client information
Comply with applicable privacy laws in your handling of client data

7.6 Listing Submission (LMP)

If you use listing management features, you represent and warrant that:

You have authority to submit each listing on behalf of the property owner
All listing information is accurate, complete, and not misleading
You have obtained all required consents for photographs, virtual tours, and other media
You will promptly update or remove listings as circumstances change
You understand that listings are submitted directly to the applicable MLS

7.7 Audit Compliance

You agree to cooperate with MLS audits and to provide access to records as required by applicable MLS rules. The Platform maintains audit trails of user activity as required by MLS rules.

7.8 Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your violation of these Terms or any applicable MLS rules
Your violation of any law or regulation
Inaccurate or misleading listing information you submit
Your interactions with clients or other users
Any claim by a third party related to your use of the Platform
Any call you place, receive, record, or transcribe, or any text message you send, through the Platform

7.9 Calls, Recording, and Messaging

The Platform lets you place and receive calls, record and transcribe them, and send text messages, including through the power dialer. You decide whether calls on a phone line are recorded, and whether a recording announcement plays. You are solely responsible for your use of these features, including:

Obtaining every consent the law requires before recording, monitoring, or transcribing a call. Some jurisdictions require the consent of every party to the call. If you configure a recording announcement, you author it and are responsible for whether it is sufficient.
Complying with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, national and state Do-Not-Call registries, and state telemarketing and messaging laws, including obtaining any consent required for calls and text messages, observing calling-hour restrictions, and honoring opt-out requests promptly.
Keeping any records of consent that the law requires.

The Company provides these tools but does not decide whom you call or message, what you record, or what notice you give, and does not provide legal advice about these laws.

8. Additional Terms for Brokerages

If you are a Brokerage using the Platform, the following additional terms apply:

8.1 Responsibility for Agents

You are responsible for ensuring that all agents affiliated with your brokerage who use the Platform:

Accept and comply with these Terms
Maintain valid licenses and MLS participation
Comply with applicable MLS rules and regulations
Complete any required training

8.2 Service Agreement

Your use of the Platform may be governed by a separate Service Agreement or subscription agreement that sets forth fees, service levels, and additional terms. In the event of a conflict, the Service Agreement controls.

8.3 Branding License

You grant us a non-exclusive, royalty-free license to use your name, logo, trademarks, and branding ("Your Brand") solely for the following purposes:

Platform-Generated Materials: To include Your Brand on market reports, CMAs, email campaigns, and other materials generated through the Platform that you distribute to your clients
White-Label Services: To display Your Brand on websites, applications, and interfaces provided through the Platform's white-label services
Customer Identification: To identify you as a customer of Tortus on our website, marketing materials, and case studies

You represent that you have the authority to grant this license and that Your Brand does not infringe any third-party rights. You may revoke the customer identification license (but not the license for Platform-generated materials or white-label services) at any time by written notice to legal@tortus.io.

8.4 Website Services (IDX)

If you use our website services:

You connect your domain to our Platform via CNAME; we do not take over your nameservers or host your full website
You are responsible for the content you publish on your website (other than data provided by the Platform)
You must ensure your website complies with applicable MLS display rules
You must include all required attributions, disclaimers, and notices as specified in Section 8.6
Your website will display "Powered by Tortus" attribution

8.5 Data and Compliance

You are responsible for:

Your compliance with applicable MLS participation agreements
Maintaining required records and audit trails
Cooperating with MLS audits
Ensuring the data security of your agents' and clients' information

8.6 MLS Display Requirements

Brokerages and Real Estate Professionals displaying Listing Data through the Platform (including on websites, applications, and reports) must comply with the following display requirements:

REBNY RLS Display Requirements:

Listing Broker Attribution: Each listing must identify the Exclusive Listing Broker in a prominent location, using a readily visible color and typeface not smaller than the median typeface used in the listing display
Listing Broker Link: A followable HTML link to the listing broker's website must be provided adjacent to the broker credit
RLS Attribution: "RLS at REBNY" or the official RLS logo must appear in immediate proximity to the listing broker credit on all RLS-sourced listings
Required Disclaimer: The following disclaimer must appear on all pages displaying RLS Listing Data: "This information is not verified for authenticity or accuracy and is not guaranteed and may not reflect all real estate activity in the market. © 2026 The Real Estate Board of New York, Inc., All rights reserved."
Non-RLS Listings: If displaying listings from sources other than REBNY RLS alongside RLS listings, non-RLS listings must be clearly identified as such
Compensation Disclaimer: If displaying compensation information, the following additional disclaimer is required: "This information is not guaranteed, should be independently verified and may not reflect all real estate activity in the market. Offers of compensation set forth here are for other RLS Participants only and may not reflect other agreements between a consumer and their broker. © 2026 The Real Estate Board of New York, Inc., All rights reserved."

OneKey MLS Display Requirements:

Listing Data must be displayed in accordance with OneKey MLS Rules and Regulations
Proper attribution to OneKey MLS and listing brokers as required
Required disclaimers as specified by OneKey MLS policies

Market Reports and Analytics:

Any market reports, CMAs, or analytics outputs that incorporate MLS data must include the applicable disclaimer and attribution. Example footer:

"Data sourced from RLS at REBNY and public records. This information is not verified for authenticity or accuracy and is not guaranteed and may not reflect all real estate activity in the market. © 2026 The Real Estate Board of New York, Inc., All rights reserved."

Platform-Provided Displays:

Where the Platform provides the display interface (rather than customer-built websites), we implement these display requirements automatically. Customers remain responsible for ensuring compliance on any custom implementations or exports.

9. Third-Party Integrations

9.1 Available Integrations

The Platform may allow you to connect third-party services including CRM systems, email platforms, calendars, phone dialers, and other business tools ("Integrations"). These Integrations are provided to enhance your workflow and productivity.

9.2 Your Third-Party Accounts

To use Integrations, you must have valid accounts with the applicable third-party services. You are responsible for:

Maintaining your third-party accounts in good standing
Complying with the terms of service of each third-party service
Any fees charged by third-party services
The accuracy of data you sync between the Platform and third-party services

9.3 Data Sharing with Integrations

When you enable an Integration, you authorize us to share data between the Platform and the connected third-party service as necessary to provide the Integration functionality. This may include:

Contact and client information
Property and listing data (subject to MLS restrictions)
Communication history
Calendar events and appointments
Activity and usage data

You control which Integrations are enabled and can disconnect them at any time through your Platform settings.

9.4 MLS Data Restrictions

Certain MLS Listing Data may not be permitted to be exported to third-party services. You are responsible for ensuring that your use of Integrations complies with applicable MLS rules. We may restrict or disable data export features to maintain MLS compliance.

9.5 Third-Party Service Disclaimer

We do not control third-party services and are not responsible for their availability, functionality, security, or privacy practices. Your use of third-party services is governed by their respective terms of service and privacy policies. We are not liable for any damages arising from your use of third-party services or Integrations.

9.6 Integration Changes

We may add, modify, or discontinue Integrations at any time. We will provide reasonable notice of material changes to Integration availability.

10. Intellectual Property

10.1 Platform Ownership

The Platform, including its design, features, functionality, software, and documentation (excluding Listing Data), is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

10.2 MLS Data Ownership

Listing Data remains the property of the applicable MLS and/or the listing brokers. Your use of Listing Data is subject to the licenses and restrictions in these Terms and applicable MLS rules.

10.3 Trademarks

Tortus and associated logos are trademarks of the Company. MLS names, logos, and trademarks are the property of their respective owners. You may not use any trademarks without prior written permission.

10.4 Feedback

If you provide suggestions, ideas, or feedback about the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use and incorporate such feedback without any obligation to you.

11. Fees and Payment

11.1 Consumer Access

Consumer access to the Platform is provided free of charge.

11.2 Professional and Brokerage Fees

Real Estate Professionals and Brokerages may be required to pay subscription fees as set forth in the plan selected at registration, or in a separate written agreement where one has been executed. Fees are typically billed on a per-account basis and may be tiered based on the number of clients and level of customization.

11.3 Payment Terms

Fees are billed in advance on a monthly or annual basis as specified. You authorize us to charge your designated payment method for all applicable fees.

11.4 Cancellation

Cancellation procedures and refund eligibility are set forth in our Refund & Cancellation Policy, available at tortus.io/refund-policy, which forms part of these Terms.

11.5 Credits

Certain Platform features are metered in credits. Billable activity is priced in credits at rates published in the Platform and shown before you incur a charge. Credits are a prepaid usage allowance. They are not currency, carry no cash value, and may not be transferred between accounts, sold, or redeemed for cash.

We may change credit rates and package pricing from time to time. Current rates are published in the Platform, and any change applies to activity and purchases occurring after the change takes effect. Credits already purchased are not revalued.

11.6 Included and Purchased Credits

Paid plans include a credit allowance each billing period. Included credits reset at the start of each billing period and do not carry forward; unused included credits are not refunded, converted, or banked.

You may also buy additional credits in packs. Purchased credits are added to your balance and carry forward across billing periods.

11.7 How Credits Are Spent

Included credits are spent first. Purchased credits are drawn on only after your included allowance for the billing period is exhausted, so credits you have bought are not consumed while included credits remain available.

11.8 Credit Purchases and Reversals

Credit purchases are non-refundable. Where we grant a refund at our discretion, the credits from that purchase are reversed from your balance. If some or all of those credits have already been spent, the reversal is limited to the credits still remaining; we will not place an account into a negative balance.

11.9 Credits on Cancellation

Included credits are available only while your paid subscription is active and are forfeited when paid access ends. Purchased credits remain associated with your account and become available again if you resubscribe.

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the account closure procedures in the Platform or by contacting us at legal@tortus.io.

12.2 Termination by Us

We may suspend or terminate your access to the Platform:

Immediately, if you violate these Terms or any applicable MLS rules
Immediately, if your real estate license or MLS participation is suspended, revoked, or terminated
Upon 30 days notice, for any other reason

12.3 Effect of Termination

Upon termination:

Your license to access Listing Data immediately terminates
You must cease all use of Listing Data and delete any copies in your possession
We may delete your account data in accordance with our Privacy Policy
Provisions of these Terms that by their nature should survive termination will survive

13. Disclaimers

13.1 AS IS Basis

THE PLATFORM AND LISTING DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13.2 No Warranty

WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT.

13.3 Listing Data

WE DO NOT WARRANT THAT LISTING DATA IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE. LISTING DATA MAY CONTAIN ERRORS, OMISSIONS, OR OUTDATED INFORMATION. YOU SHOULD INDEPENDENTLY VERIFY ALL LISTING DATA BEFORE RELYING ON IT.

13.4 AI/ML Features

ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING FEATURES, INCLUDING PROPERTY RECOMMENDATIONS, AUTOMATED VALUATIONS, AND MARKET ANALYSIS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY REAL ESTATE DECISION.

13.5 Third-Party Services

WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, OR CONTENT OF THIRD-PARTY SERVICES OR WEBSITES LINKED FROM THE PLATFORM.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM OR LISTING DATA.

14.2 Cap on Liability

THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

14.3 Basis of the Bargain

THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 12 AND 13 ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles.

15.2 Arbitration

Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration shall take place in New York, New York.

15.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in court for intellectual property infringement or unauthorized data access.

16. Equal Housing Opportunity

Tortus supports fair housing principles. We do not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, or any other protected class under applicable federal, state, or local law. All users must comply with applicable fair housing laws in their use of the Platform.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, our Refund & Cancellation Policy, our Acceptable Use Policy, VOW Terms Acceptance (if applicable), and any separate written agreement, constitute the entire agreement between you and the Company regarding the Platform.

17.2 Amendments

We may amend these Terms at any time by posting the revised Terms on the Platform. Continued use of the Platform after amendments constitutes acceptance. Material changes will be communicated via email or Platform notification.

17.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

17.4 Severability

If any provision of these Terms is held invalid, the remaining provisions remain in effect.

17.5 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

17.6 White-Label Services

The Platform may be provided to Brokerages on a white-label basis. In such cases, the Platform will display the Brokerage's branding along with "Powered by Tortus" attribution.

17.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@tortus.io or:

Tortus LLC

800 Third Ave Frnt A #1006, New York, NY 10022

18. Contact Information

For questions about these Terms, please contact us at:

Email: legal@tortus.io

Address: