Terms of Service

These terms are an agreement between you and Embark Companies LLC, doing business as Broker & Agent Solutions (“we”, “us”). They cover brokerandagent.com, the websites we build and host, Workspace, and anything else we provide (together, the “services”).

By using the services, you agree to these terms. If you use them for a business, such as your team or brokerage, you agree on its behalf and confirm you’re allowed to.

We design, build and host websites for real estate professionals, with MLS search, and we provide Workspace, software for managing contacts, conversations, transactions and e-signatures. Some features are add-ons, and some are marked as coming soon until they’re available.

Free previews. A preview is free and carries no obligation on either side. It’s a demonstration built for you to look at, not a finished website, and we may take it down after a reasonable time.

Custom projects and brokerage plans are quoted in writing. The quote or agreement for that work adds to these terms, and where the two differ, it wins for that work.

Give us accurate information, and keep your sign-in secure. You’re responsible for what happens under your account, and for the people you invite to your workspace and what they can see. Owners and admins manage who has access.

You must be at least 18 to use the services. Tell us straight away at support@brokerandagent.com if you think someone has got into your account.

Our prices are on our pricing page. Payments are handled by Stripe.

• Websites: a one-time build fee, paid when you order, and a monthly plan that starts when your site goes live.
• Workspace: Workspace Free costs nothing. Workspace Pro, extra seats and add-ons are billed monthly.
• Changing plans: moving up takes effect straight away, and moving down at the end of the period you’ve paid for.
• Taxes: prices don’t include taxes, which we add where the law requires.

If we change a price for a plan you’re on, we’ll tell you at least 30 days before it applies to you.

Every plan runs month to month, with no minimum term. You can cancel any time by emailing support@brokerandagent.com or asking us from your account. Your plan stays active until the end of the period you’ve paid for, and then stops.

Payments aren’t refundable. That includes build fees, monthly fees and AI usage packs, except where the law requires a refund. If we ever charge you by mistake, we’ll refund it in full. Questions about a charge? Email support@brokerandagent.com and we’ll sort it out.

You own the data you put into the services: your contacts, notes, messages, documents, website content and the leads your website collects. You give us permission to store, process and show it only as needed to run the services for you, as our Privacy Policy describes.

You’re responsible for having the right to use the data you bring, including the contact details of the people in your CRM. You can export your contacts at any time.

For the contacts, messages and leads you keep in the services, you decide what’s collected and why, and we act on your behalf as your service provider. That means we:

• use that information only to provide the services to you, and never sell it or use it for our own marketing;
• keep it confidential, and limit access to the people and service providers who need it to run the services, under the same obligations;
• help you answer requests from people to see, correct or delete their information;
• tell you without undue delay, and within 10 days of confirming it, if a security breach affects it;
• delete it when your account closes, as our Privacy Policy describes.

• Your domain is yours, and stays yours.
• Your contacts and your leads are yours. If you leave, reach out and we’ll help you move your domain and take your leads with you.
• The design and the code we create stay ours. You can use them for as long as your website plan is active, and some time after it ends we take the site down.

Make sure what you publish is accurate and that you have the rights to it, including photos, logos and testimonials, and that it follows your MLS’s and your brokerage’s advertising rules.

Your MLS membership and your IDX agreement stay in your name. You’re responsible for keeping them in good standing and for your broker’s approval. We display listings according to your MLS’s rules. Listing data belongs to the MLS and the listing brokers, not to us or to you.

If your authorization ends, or your MLS asks us to, we may have to stop showing listings on your site.

When you send email or texts through Workspace, you’re the sender. You’re responsible for having the consent the law requires and for following the rules that apply to you, including the TCPA, the CAN-SPAM Act, do-not-call rules and state laws. We honor opt-outs such as STOP replies and unsubscribe links, and you must too.

Business phone numbers are subject to the phone carriers’ registration rules, and we may pause texting from a number that breaks them.

If you agree to get text messages from Broker & Agent Solutions, we’ll text you about your account, your website and the requests you make. Message frequency varies. Message and data rates may apply. Reply HELP for help, or STOP to stop getting texts. Agreeing to texts is never a condition of buying anything. Mobile carriers aren’t liable for delayed or undelivered messages. Our Privacy Policy explains how we handle your number.

Workspace can collect signatures electronically and keeps a record of each signing. You’re responsible for your documents and for using e-signatures where they’re valid for the transaction. We aren’t a party to your agreements.

Our calculators, the versions you can put on your own website, our glossary and our guides are free. They give estimates and general information, not financial, legal, tax or lending advice: confirm the numbers with a lender, title or escrow company, attorney or tax professional before you rely on them. We may change, update or retire them, though we won’t rename or remove the settings of an embed version you’re already using.

If you put one of our calculators on your website:

• keep the credit line that comes with it;
• you’re responsible for your page, including telling visitors how you handle their information and getting any consent the law requires before you contact them;
• leads a visitor sends you through it are your clients’ information, covered by the section above;
• don’t use it, or the data behind it, in a way that overloads or disrupts the services.

The datasets in our Research section are licensed under Creative Commons Attribution 4.0: you can reuse them for any purpose if you credit us, as Use our data explains. That license covers the datasets and their downloads only, not the rest of our website, our name or our logo. The data is checked against its sources, but it’s provided as is, so check anything you rely on.

Some features use AI to draft, summarize and answer. AI can be wrong, so review what it produces before you send it or rely on it. Don’t use AI features, or any part of the services, in a way that breaks fair housing or other laws.

We don’t give legal, tax, financial or real estate advice. Nothing in the services is a substitute for it.

Don’t use the services to:

• break the law, including fair housing and privacy laws;
• send spam, or contact people without the consent the law requires;
• upload anything you don’t have the right to use, or anything harmful, such as malware;
• get into accounts, workspaces or systems that aren’t yours, or test our security outside our disclosure process;
• overload, scrape or disrupt the services, or resell them without our agreement.

We respect copyright, and we expect our customers to. If you believe something on brokerandagent.com or on a website we host uses your work without permission, send a notice to hello@brokerandagent.com with:

• the work you believe is being copied, and where it appears (the page address);
• your name, address, phone number and email address;
• a statement that you believe in good faith the use isn’t authorized by you, your agent or the law;
• a statement, under penalty of perjury, that your notice is accurate and that you own the copyright or are allowed to act for the owner;
• your physical or electronic signature.

We’ll remove or disable the material where appropriate and let the customer know, and they can send a counter-notice if they believe it was removed by mistake. We end the accounts of customers who repeatedly infringe.

The services connect to other companies’ services, such as Google, Microsoft, Stripe, your MLS and apps you connect. Their terms apply to your use of them, and we aren’t responsible for them. If one of them changes or stops, the feature that relies on it may change or stop too.

We work to keep the services fast and available, but they may sometimes be interrupted, for maintenance or for reasons outside our control. You can check the current status at status.brokerandagent.com.

We improve the services all the time, which means features can change. If we remove something important you pay for, we’ll tell you first.

We protect your data as our Security page describes. If you find a security issue, report it to security@brokerandagent.com.

The services, our software, designs and content, and our name and logo belong to us or the people who license them to us, apart from the research data licensed as described above. These terms don’t give you any rights to them except the right to use the services. You’re welcome to quote and link to our guides with credit; please don’t republish them as your own. If you send us ideas or feedback, we may use them without owing you anything.

Names and trademarks of other companies, such as the platforms on our comparison pages, belong to their owners. We name them only to describe and compare, and they don’t endorse us. Their prices and features come from the sources listed and dated on each page, and can change, so check with each company before you decide.

Apart from what these terms promise, the services are provided “as is” and “as available”. To the extent the law allows, we don’t make other promises about them, including that they’ll meet every need or be free of errors.

To the extent the law allows, we aren’t liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability for any claim about the services is limited to what you paid us in the 12 months before the claim arose. Nothing here limits liability that the law doesn’t allow us to limit.

If someone makes a claim against us because of your content, the messages you send, or your breaking these terms or the law, you’ll cover our reasonable costs of dealing with it.

You can stop using the services at any time. We may suspend or end your access if you seriously or repeatedly break these terms, if you don’t pay, or if the law requires it. Where we reasonably can, we’ll tell you first and give you a chance to fix it and to export your data.

If something goes wrong, email hello@brokerandagent.com first. We’ll try in good faith to sort it out within 30 days, and most things get sorted out that way.

These terms are governed by the laws of the State of Florida, where we’re headquartered. Any dispute that can’t be settled informally will be handled in the state or federal courts in Sarasota County, Florida.

We may update these terms. When we do, we’ll change the date at the top, and for meaningful changes we’ll tell you by email or in Workspace before they apply.

• The whole agreement. These terms, our Privacy Policy and any written quote or agreement for your plan are the whole agreement between us about the services.
• Notices. We’ll send notices to the email address on your account. Send yours to support@brokerandagent.com.
• Events outside our control. Neither of us is responsible for delays caused by events beyond reasonable control, such as outages at a provider, natural disasters or changes in the law.
• Transfers. You can’t transfer these terms without our agreement. We may transfer them as part of a merger or sale of our business, and they keep applying.
• If a part doesn’t hold. If a court finds part of these terms unenforceable, the rest still applies. Not enforcing a right straight away doesn’t mean we give it up.

Questions about these terms: hello@brokerandagent.com. Broker & Agent Solutions is operated by Embark Companies LLC, with offices in Sarasota, Florida; Nashville, Tennessee; and Kansas City, Kansas.