Application End User License Agreement for OPN World LLC

This document (referred to as the “Agreement”) forms a legally binding contract between the user (“User” or “you”) and OPN World LLC (“Company” or “OPN”). It outlines the terms governing your use of the OPN application, which encompasses all related documentation, web-based services, mobile app-based services, and others (jointly, the “Application” or “OPN Platform”). The Application is licensed to you under this Agreement, not sold.

User Eligibility Criteria

To use the Application, you must fall into one of the following categories, each defined specifically as follows:

  1. Initiating User: This includes Initiating Agents, Property Managers, or Clients using the Application to access real estate properties for various purposes.
  2. Initiating Agent: A state-licensed real estate agent or broker in the U.S., having access to Multiple Listing Services and using the Application for clients.
  3. Property Manager: An individual or entity managing real estate and showcasing properties for rental purposes, including their designated agents.
  4. Client: Individuals or entities exploring real estate through the Application for personal or business purposes.
  5. Task Agent:Task Agent: Licensed Real Estate Agents facilitating property access for Initiating Users.
  6. Brokerage:Brokerage: Licensed real estate brokerages monitoring their agents (Brokerage Agents) who use the OPN Platform as Task Agents or Initiating Agents.

User Verification and Acceptance

By creating an account in our platform, you acknowledge and agree to the following:

  1. Understanding and agreeing to this Agreement and the Privacy Policy
  2. Confirming you are 18 or older, or of legal age to enter into a binding agreement.
  3. Legally committing to the terms of this Agreement and its future updates.
  4. Ceasing the use of the Application if you disagree with the Agreement’s terms.

This Agreement overrides any prior arrangements regarding the OPN Platform.

License and Identity Verification

Users may undergo a verification process, including identity and real estate license checks. However, OPN does not guarantee the accuracy of these checks and is not responsible for any discrepancies.

OPN World LLC Services

The OPN Platform facilitates the provision of services by Task Agents to Initiating Users. However, Task Agents are not agents of the persons they represent. Restrictions apply to users who are not Licensed Real Estate Agents.

License Grant by OPN

You are granted a non-exclusive, non-transferable, limited license to use the Platform as intended and in accordance with OPN’s terms of use.

User Responsibilities

You agree to:

  1. Not reverse engineer, modify, or misuse the Platform.
  2. Use the Platform legally and responsibly.
  3. Maintain the confidentiality of your account credentials.
  4. Provide accurate information during registration.
  5. Be responsible for activities under your account.

Fees and Payments

You agree to pay all applicable fees related to certain Platform features. Fees are non-refundable unless stated otherwise by OPN.

Intellectual Property Rights

The Platform and its content, including trademarks and intellectual property, are owned by OPN. You agree not to replicate or modify the Platform without OPN’s written consent.

Termination Provisions

Duration and Discontinuation of Agreement:

  1. The Agreement starts when you install or agree to the terms of the Application and remains active until terminated by either you or the Company, as outlined in this section.
  2. You can end this Agreement by removing your account from the Application and erasing the Mobile App from your device.
  3. The Company may end this Agreement at any time without prior notice, including if it chooses to no longer support the Application, at its sole discretion.
  4. The Agreement will also end immediately without notice if you breach any of its terms.

Effects of Termination:

  1. Upon termination, all rights granted to you will be revoked. You must stop using the Application and erase all copies of the Mobile App from your device and account. This termination does not affect the Company’s legal rights or remedies.

Amendments to the Agreement:

  1. OPN has the authority to modify this Agreement occasionally at its discretion.
  2. Changes become effective immediately when posted on OPN’s website.
  3. Your continued use of the OPN Platform after an updated Agreement is posted signifies your acceptance of the changes
  4. OPN can suspend or terminate your access to the Platform for Agreement violations or other reasons it deems fit, without notice.
  5. You must cease all Platform use upon termination.

Limitation of Liability:

  1. OPN is not liable for any direct, indirect, incidental, consequential, or punitive damages related to your use or inability to use the Platform, even if advised of potential damages.

Indemnification:

  1. You agree to protect, defend, and hold OPN harmless against any claims, liabilities, losses, damages, costs, and expenses, including legal fees, stemming from your use of the Platform or Agreement violations.

Changes to the Agreement:

  1. OPN may revise this Agreement and will provide updated versions on the Platform. Continued use after changes implies agreement to the new terms.

Governing Law:

  1. This Agreement is governed by the laws of Delaware (U.S) jurisdiction, disregarding its conflict of law principles.

Contact Information:

  1. For inquiries or concerns about this Agreement or OPN’s services, please contact info@getopn.app

Payment Details

Payment Processing:

  1. Payment services for users on the OPN Platform are managed by Stripe, adhering to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (“Stripe Services Agreement”). By accepting this Agreement or continuing Platform use, you are bound by the Stripe Services Agreement, as periodically modified by Stripe.
  2. As a condition for Stripe payment services, you must provide accurate, complete information to OPN, authorizing the sharing of this information and transaction details with Stripe.
  3. Disputes over payments must be reported to OPN within fourteen (14) days of the transaction date
  4. Failure to dispute within this timeframe means acceptance of the payment.
  5. OPN may change payment services at its discretion without prior notice.

Pricing Changes:

  1. OPN may adjust prices for services and subscriptions, notifying you in advance.
  2. Subscription price changes take effect in the next billing cycle after the change announcement. By continuing to use the OPN Platform post-price change, you accept the new price.
  3. To reject a price change, unsubscribe before the new price is effective.
  4. Tax rates are based on your provided information and the applicable rate during your billing cycle.

Subscription Auto-Payment Terms on OPN Platform

Subscription Authorization:

  1. By subscribing to services on the OPN Platform, you grant OPN permission to automatically bill your provided payment card.
  2. The annual charge will equal your current account balance, as indicated on your OPN invoice.
  3. Upon processing your subscription, all payments will automatically be charged to your credit or debit card on the invoice due date, until you revoke this authorization as described below.
  4. Annually, OPN will email you a receipt for the fee paid, as detailed in your invoice.

Cardholder Agreement Compliance:

  1. You agree to adhere to the rules set by your card issuer for automated transactions.
  2. You are liable for any fees your bank charges for these pre-authorized payments.

Cardholder Agreement Compliance:

  1. You agree to adhere to the rules set by your card issuer for automated transactions.
  2. You are liable for any fees your bank charges for these pre-authorized payments.

Cancellation of Authorization:

  1. You can cancel this payment authorization anytime by contacting OPN at https://GetOPN.app/contact.
  2. Keep your credit/debit card and billing information updated via your account at https://GetOPN.app.

Failure to Update Payment Information:

  1. If OPN cannot process payments due to outdated card information, you may incur late fees, returned payment charges, or other fees from your financial institution.

Limitation of OPN's Liability:

  1. OPN is not responsible for any losses due to incorrect billing or delays in charging your account.

Right to Modify Terms:

  1. OPN may alter these terms or discontinue the program, with notice provided through your invoice or other methods.

User Obligations and Responsibilities

User Representations and Commitments:

  1. Confirming you are at least 18 years old.
  2. Agreeing to and complying with all terms and conditions of this Agreement and its addendums.
  3. Legally capable of entering and adhering to this Agreement.
  4. Using your real, legal name on your account.
  5. Not using the OPN Platform for employment solicitation or influencing other users to terminate their employment.
  6. Offering Showing Agent Services only in states where you are a licensed real estate agent.
  7. Obtaining necessary permissions, such as from your brokerage or client, for using the OPN Platform
  8. Respecting the privacy and data protection rights of Users and clients.
  9. Fulfilling commitments to Users, communicating effectively, and being punctual
  10. Behaving professionally and responsibly, adhering to the National Association of Realtors Code of Ethics and other relevant professional codes
  11. Complying with all local, national, and international laws and customs.
  12. Abiding by all relevant laws and regulations, including export laws.
  13. Indemnifying and holding harmless the Company from any losses or legal actions arising from your breach of these terms.
  14. Acknowledging that OPN is not responsible for the content you submit or make available through the Application

User Generated Content on OPN Platform

Definition and Responsibility:

  1. User Content includes any text or images you submit to the OPN Platform or to OPN, its affiliates, or other Users as part of your use of the OPN Platform. This encompasses posts made as an Initiating User, among other forms.
  2. You bear sole responsibility for your User Content. The Company merely facilitates its online distribution and publication without active involvement.

Content Licensing and Company's Role:

  1. By posting on the OPN Platform, you grant OPN a global, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, distribute, and otherwise exploit your User Content as intended. OPN plays no part in creating or developing User Content and is not liable for issues arising from User Content.
  2. OPN is not obligated to monitor User Content but can remove or restrict it for any reason, including non-compliance with this Agreement.

User Content Representations:

  1. You confirm that you own your User Content or have all necessary rights to grant OPN the aforementioned license
  2. You ensure that your User Content will not infringe on any third-party rights, including intellectual property, privacy, publicity, or lead to legal violations.

Prohibited Content:

  1. You agree not to submit User Content that is defamatory, offensive, illegal, or otherwise inappropriate, as determined by OPN, even if such content is legally protected.

Collection and Handling of Information

Information Collection:

  1. The Company may automatically collect information about your device and Application use (e.g., through cookies, web beacons).
  2. Certain information may be required from you to download, install, or use the Application and its features

Information Sharing:

  1. The Application may offer opportunities to share personal information with others

Privacy Policy:

  1. All information collected via the Application is governed by OPN's Privacy Policy
  2. By using the Application, you consent to our handling of your information as stated in the Privacy Policy

Account Security:

  1. You must keep any provided or chosen login information confidential and not share it with others
  2. You agree to immediately report any unauthorized use of your account.
  3. Exercise caution when accessing your account on public or shared computers.

Right to Disable Access:

  1. OPN reserves the right to disable any user identification, like usernames or passwords, at any time, especially if there's a breach of this Agreement.

Account Deactivation

Requesting Account Deactivation:

  1. You can deactivate your account by User profile at any time.
  2. The Company may retain records of your account activities in line with OPN’s Privacy Policy.

Subscription Management:

  1. Subscriptions automatically renew unless canceled before the end of the current period.
  2. Subscriptions can be canceled within the first 30 days. Visit https://GetOPN.app/contact for cancellation instructions.
  3. Cancellation takes effect after the current subscription period, reverting you to a free version of the OPN Platform or Brokerage Dashboard.
  4. There are no refunds or credits for partial subscription periods

Access to OPN Platform

Availability and Access:

  1. The OPN Application is accessible via the website www.GetOPN.app and through a mobile application downloadable onto your device. Features, functionality, and services are available on both the website and the mobile app.
  2. To fully utilize the OPN Platform, you may need to accept this Agreement and the Privacy Policy and/or create an account. Not doing so may limit your access to certain features and functionalities.

Geographic Limitations:

  1. OPN operates primarily within the United States. Access or use outside the U.S. may be limited or illegal in certain regions. If accessing the OPN Platform from outside the U.S., you are responsible for local law compliance

Updates to the Application:

  1. The Company may occasionally release updates, including bug fixes, patches, new features, or modifications to existing features (collectively, “Updates”).
  2. These Updates may alter or remove certain features and functionalities
  3. The Company is not obligated to provide Updates or maintain specific features or functionalities.
  4. For web-based users, Updates will typically be automatic and seamless.
  5. For mobile app users, Updates may automatically download and install depending on your device settings, or you may need to manually download them.
  6. Prompt installation of Updates is crucial for the proper functioning of the Application. All Updates are considered part of the Application and subject to this Agreement.

Intellectual Property Rights:

  1. All rights, titles, and interests in the OPN Platform, including intellectual property rights, are owned by OPN.
  2. For Third-Party Materials, respective third parties hold all rights.
  3. If you believe any User Contributions infringe on your copyright, contact us at info@getOPN.app with a DMCA Notice, including:
    1. Details of the alleged infringed work or a list of multiple works.
    2. Identification of the claimed infringing material.
    3. Your contact information.
    4. A statement of good faith belief of unauthorized use.
    5. A statement of the accuracy of the notice.
    6. A statement, under penalty of perjury, of your authorization to act on behalf of the copyright owner.
    7. Your physical or electronic signature.

Third-Party Materials:

  1. The Application may include third-party content, links to third-party websites or services, and third-party advertising (collectively, “Third Party Materials”).
  2. The Company is not responsible for the Third-Party Materials, including their accuracy, legality, or any other aspect
  3. The Company will not be liable for any Third-Party Materials.
  4. Access and use of Third-Party Materials are at your own risk and subject to the third parties' terms and conditions.

OPN WORLD LLC Privacy Policy

This Privacy Policy ("Policy") details how OPN WORLD LLC ("OPN," "we," "us," or "our") manages and safeguards personal and non-personal information collected through the OPN website platform (the "Platform"). This Policy is applicable to all users ("Users," "you," or "your") of the Platform. By engaging with the Platform, you consent to the practices described in this Policy

1. Collection of Information:

  1. OPN may gather various data types, including:
  2. Personal details voluntarily provided by Users during registration, such as names, contact information, and professional qualifications.
  3. Information related to real estate transactions and tasks uploaded on the Platform
  4. Non-personal data collected via cookies and similar technologies, like IP addresses, device specifics, and browsing patterns.

2. Usage of Information:

  1. The collected data may be utilized for:
    1. Facilitating task assignments among real estate agents
    2. Enhancing Platform functionality and user experience.
    3. Offering customer support and resolving disputes.
    4. Distributing pertinent communications, updates, and promotional content about the Platform.
    5. Fulfilling legal obligations and upholding the Platform's terms of use.

3. Disclosure of Information:

  1. Information may be shared with third parties in scenarios like:
    1. Assigning tasks between Users as per Platform features
    2. Collaborating with service providers and partners for operational and developmental assistance of the Platform.
    3. Adhering to legal mandates, such as court orders or law enforcement demands
    4. During corporate transactions like mergers, acquisitions, or asset sales, where User data might be transferred to the acquiring party.

4. Data Protection:

  1. OPN implements reasonable safeguards to shield User data from unauthorized access, disclosure, alteration, or destruction. Nonetheless, no method of data transmission or storage is infallible. Users are responsible for securing their account credentials.

5. User Preferences:

  1. Users have rights and options regarding their data, including:
    1. Accessing, amending, or erasing personal information in their accounts.
    2. Opting out of promotional messages
    3. Disabling cookies in browser settings, which could impact certain Platform functionalities.

6. Children’s Privacy:

  1. The Platform is not designed for individuals under 18 years old. OPN does not deliberately gather or retain data from those under this age threshold.

7. Policy Amendments:

  1. OPN may revise this Policy as needed. Changes will be posted on the Platform, and ongoing use after modifications implies acceptance of the new terms.

8. Contact Us:

  1. For inquiries or concerns about this Policy or OPN's privacy practices, please reach out to us at info@getopn.app

By utilizing the OPN Platform, you acknowledge your comprehension and agreement to the terms of this Privacy Policy. Should you disagree with any part of this Policy, please refrain from using the Platform.