Terms of Service | Waters Coastal Properties

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and 1 OAK STUDIOS ("Company," "we," "us," or "our") governing your access to and use of the 1 OAK MLS Platform ("Platform"), including any associated websites, applications, and services.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Platform Description

The 1 OAK MLS Platform is a multi-tenant software-as-a-service platform designed for licensed real estate professionals. The Platform enables authorized users to:

Display MLS listing data on customized client-facing websites
Manage real estate listing information
Facilitate communication with potential buyers and sellers
Comply with MLS and IDX display requirements

3. Eligibility

3.1 Agent Users

To register for a workspace on the Platform, you must be a licensed real estate professional in good standing with your state licensing authority and an active member of an MLS that provides data access through Bridge Interactive.

3.2 Consumer Users

Consumer-facing features are available to individuals 18 years of age or older who are seeking real estate information for personal, non-commercial purposes.

4. Account Registration

When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorized use of your account or any other breach of security.

5. MLS Data Usage

5.1 Data Source

Real estate listing data displayed on the Platform is provided by Multiple Listing Services through Bridge Interactive. This data remains the property of the respective MLS organizations and participating brokers.

5.2 IDX Display Rules

Agent Users must comply with all applicable MLS and IDX display rules, including:

Displaying required disclaimers and attribution as specified by the MLS
Not displaying listings with opt-out status
Updating or removing listings within required timeframes
Including listing broker attribution on all listing displays
Not manipulating or misrepresenting listing information

5.3 Consumer Use Restrictions

MLS listing data is provided for consumers' personal, non-commercial use only. Consumer Users may not:

Copy, redistribute, or republish listing data
Use listing data for any commercial purpose
Scrape, harvest, or automatically collect listing data
Create derivative works from listing data

6. Prohibited Uses

You agree not to use the Platform to:

Violate any applicable law, regulation, or MLS rule
Infringe on the intellectual property rights of others
Transmit malware, viruses, or other harmful code
Attempt to gain unauthorized access to the Platform or its systems
Interfere with or disrupt the Platform's operation
Engage in any form of data scraping, harvesting, or automated collection
Use the Platform for any purpose that is fraudulent or deceptive
Circumvent any security measures or access controls

7. Fair Housing Compliance

All users must comply with the Fair Housing Act and all applicable federal, state, and local fair housing laws. You may not make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to real estate that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, national origin, or any other protected class.

8. Intellectual Property

8.1 Platform Ownership

The Platform, including its design, features, functionality, and underlying technology, is owned by 1 OAK STUDIOS and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. This license does not include the right to modify, distribute, or create derivative works of the Platform.

8.3 User Content

You retain ownership of content you submit to the Platform. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with operating the Platform.

9. AI-Generated Content

9.1 AI Content Generation Features

The Platform may offer AI-powered content generation features that assist Agent Users in creating marketing content, including website copy, property descriptions, and promotional materials. These features utilize third-party AI services (including Anthropic Claude and OpenAI GPT models).

9.2 Agent Responsibility

You acknowledge and agree that:

All AI-generated content requires your review and approval before publication
You are solely responsible for reviewing AI-generated content for accuracy, compliance with Fair Housing laws, and adherence to MLS rules
AI-generated content may contain errors, inaccuracies, or inappropriate language that you must correct before use
You retain full responsibility for all content published on your workspace, regardless of how it was generated

9.3 Fair Housing Compliance for AI Content

While we implement safeguards to help prevent Fair Housing Act violations in AI-generated content, these safeguards are not foolproof. You must independently verify that all AI-generated content complies with the Fair Housing Act and all applicable federal, state, and local fair housing laws before publishing.

9.4 AI Content Limitations

AI-generated content is provided "as is" without warranties of any kind. We do not guarantee that AI-generated content will be: (a) accurate or factually correct; (b) free from bias or discriminatory language; (c) suitable for your specific needs; or (d) compliant with any particular legal requirements.

9.5 AI Usage Tracking

We track AI content generation usage for billing, compliance auditing, and quality improvement purposes. All AI-generated content and associated metadata may be retained for audit and compliance purposes.

9.6 Indemnification for AI Content

You agree to indemnify and hold harmless 1 OAK STUDIOS from any claims, damages, or liabilities arising from your use, modification, or publication of AI-generated content, including but not limited to claims of Fair Housing Act violations, defamation, or intellectual property infringement.

10. Payment Terms

10.1 Subscription Plans

The Platform is offered under the "Professional Agent" subscription plan. Agent Users may choose between monthly billing at $149 per month or annual billing at $1,490 per year. Pricing is as displayed on the Platform at the time of purchase and may be subject to promotional or charter pricing as described in Section 10.4.

10.2 Setup Fee

Monthly subscriptions include a one-time setup fee of $299, which covers MLS integration, branding configuration, and initial launch support. The setup fee is waived for annual subscriptions. The setup fee is non-refundable once onboarding has commenced, which includes any of the following: MLS data integration, branding configuration, or domain provisioning.

10.3 Billing and Payment

Subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless canceled in accordance with Section 10.5. You must maintain a valid payment method on file. If a payment fails, we will provide a 7-day grace period to update your payment information before suspending access. Data is retained for 30 days following suspension due to non-payment, after which it may be permanently deleted.

10.4 Charter Partner Pricing

Subscribers who enroll during the Charter Partner promotional period receive a discounted subscription rate. This rate is maintained for as long as the subscription remains continuously active, subject to the following lock-in periods: annual subscribers retain the Charter Partner rate for a minimum of 24 months, and monthly subscribers retain it for a minimum of 12 months. Cancellation of your subscription forfeits the Charter Partner rate permanently; re-subscribing will be at the then-current standard rate. We will provide at least 30 days' notice before making any changes to the Charter Partner program.

10.5 Cancellation

You may cancel your subscription at any time from your account settings. No cancellation fees apply to either billing plan. For monthly subscriptions, cancellation takes effect at the end of the current billing period. For annual subscriptions, you may cancel auto-renewal at any time; your subscription remains active through the end of the paid annual period, and no pro-rata refunds are provided for the remaining term.

Upon cancellation, your site will go offline on the cancellation effective date. You will have a 30-day window following cancellation to request export of your data, upon request and subject to technical feasibility. For company-initiated termination, see Section 15.

10.6 Satisfaction Guarantee

We offer a 30-day satisfaction guarantee on your first subscription payment (whether monthly or annual). If you are not satisfied, submit a written request to support@1oakmls.com within 30 days of your first payment for a full refund of that subscription payment. This guarantee excludes the setup fee if onboarding has commenced (as defined in Section 10.2) and is limited to one refund per customer.

Except as provided in this section or as required by applicable law, all fees are non-refundable.

10.7 Fee Changes

We reserve the right to change our subscription fees upon 30 days' notice. Fee changes take effect at the start of your next billing period following the notice period. Charter Partner pricing is subject to Section 10.4.

10.8 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, and other taxes associated with your subscription, excluding taxes based on our net income.

11. Disclaimer of Warranties

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

WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) MLS DATA IS ACCURATE, COMPLETE, OR CURRENT; (C) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (D) ANY DEFECTS WILL BE CORRECTED; OR (E) AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR COMPLIANT WITH ANY LAWS OR REGULATIONS.

MLS listing information is provided by third parties and is deemed reliable but not guaranteed. All property information should be independently verified by the consumer.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1 OAK STUDIOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless 1 OAK STUDIOS and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or MLS rule; (d) your violation of any rights of a third party; or (e) your use of AI-generated content, including any Fair Housing Act violations or other legal claims resulting from content you publish.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of such courts.

15. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Effective Date" above.

Your continued use of the Platform after any modifications constitutes your acceptance of the updated Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 1 OAK STUDIOS regarding your use of the Platform.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18. Contact Information

If you have questions about these Terms, please contact us at:

1 OAK STUDIOS
31 NE 17th St Unit 219
Miami, FL 33132
Email: support@1oakmls.com