Terms of Service Agreement

The Brokers Recruiter

0. Acceptance of Terms

This is a legal agreement (“Agreement”) between VisualStudio.tv, Inc. dba The Brokers Recruiter (“The Brokers Recruiter,” “we,” “us,” or “our”) and you, the Customer (“Customer,” “User,” or “You”).

BY ACCESSING AND/OR USING THE SERVICE(S), YOU AGREE, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE(S).

This Agreement governs your use of The Brokers Recruiter software platform, located at www.brokersrecruiter.com, including all content, applications, templates, and services provided (collectively, the “Service”).

This Agreement supersedes any prior oral or written agreements regarding the Service. The Brokers Recruiter reserves the right to revise or update this Agreement at any time. Continued use of the Service constitutes acceptance of the modified terms.

1. Service Plans

The Service is offered on both free and paid subscription plans. Each paid account (“The Brokers Recruiter Account”) allows a single Customer organization to access enhanced features and higher limits. Free plans are limited in functionality as determined by The Brokers Recruiter.

2. Payment Terms

  • Fees are published on The Brokers Recruiter website or quoted directly and are exclusive of taxes.

  • Payments are processed via credit card, ACH, or other approved methods through secure payment gateways (e.g., Stripe).

  • The Brokers Recruiter may adjust pricing or features at renewal.

  • Non-payment may result in suspension or termination of access.

  • Delinquent accounts over 30 days may have Uploaded Data permanently deleted.

3. License and Right of Use

The Brokers Recruiter grants You a non-exclusive, non-transferable, worldwide right to use the Service for your internal business purposes, subject to this Agreement and timely payment.

You shall not:

  • Resell, sublicense, distribute, or exploit the Service.

  • Reverse engineer or copy features for a competing service.

  • Use the Service for illegal, defamatory, or harmful purposes.

  • Upload malicious code, spam, or infringing material.

4. Access and Security

Each Customer and User receives unique login credentials. Credentials are confidential, and You are responsible for all activity under your account. Unauthorized use must be reported immediately.

5. Service Levels and Data Backup

The Brokers Recruiter strives for high availability but makes no absolute uptime guarantees. Data may be backed up periodically; however, You are responsible for maintaining your own backups.

6. Customer Responsibilities

You must comply with all applicable laws regarding use of the Service, including data protection and brokerage regulations. You remain responsible for the accuracy and legality of Uploaded Data.

7. Data Ownership and Use

  • You retain ownership of all data you upload (“Uploaded Data”).

  • The Brokers Recruiter is not liable for loss, corruption, or deletion of Uploaded Data.

  • If Uploaded Data violates law or third-party rights, The Brokers Recruiter may suspend or delete such data without liability.

8. Intellectual Property

  • The Brokers Recruiter (VisualStudio.tv, Inc. dba The Brokers Recruiter) owns all rights to the Service, software, designs, and trademarks.

  • You receive only a limited license to use the Service as described herein.

  • Uploaded Data remains your property.

9. Marketing Communications

We may send You service updates or relevant product news. Third-party marketing is not shared without consent.

10. Warranties

We warrant that Services will perform substantially in accordance with documentation under normal use. Remedies for breach are limited to correction of non-conforming Services or, at our discretion, termination with prorated refund.

11. Indemnification

You agree to indemnify and hold harmless The Brokers Recruiter, its parent (VisualStudio.tv, Inc.), subsidiaries, affiliates, officers, and employees from claims, damages, or expenses arising out of:

  • Your misuse of the Service,

  • Your Uploaded Data, or

  • Your violation of this Agreement.

12. Disclaimer of Warranties

The Service is provided “AS IS” without warranties of any kind, express or implied, including merchantability, fitness for purpose, or non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law, The Brokers Recruiter’s liability is limited to USD $50. We are not liable for indirect, incidental, or consequential damages (e.g., lost profits, lost data).

14. Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, strikes, internet outages, or government action.

15. Personal Data

We process data in accordance with our Privacy Policy at https://www.brokersrecruiter.com/privacy-policy.

16. Term and Termination

  • Paid accounts are prepaid and non-refundable.

  • Accounts may be cancelled by You at any time but will not be refunded for unused time.

  • The Brokers Recruiter may terminate for non-payment, misuse, or breach after 10 days’ notice.

  • Upon termination, Uploaded Data may be deleted permanently.

17. Notices

Official notices will be delivered via:

  • Posting within the Service,

  • Email to the address on file, or

  • Written mail to the address on record.

18. Modifications

The Brokers Recruiter may modify this Agreement at any time by posting updates on the website. Continued use constitutes acceptance of modified terms.

19. Assignment

You may not assign this Agreement without our consent. We may assign it in case of merger, acquisition, or restructuring.

20. Confidentiality

Each party must protect the other’s confidential information and not disclose it except as required by law.

21 Authorized Communications & Payments

  1. Authorized Entity
    The Brokers Recruiter is a registered trade name of VisualStudio.tv, Inc., a Washington corporation in good standing. All products, services, communications, and billing are conducted solely through VisualStudio.tv, Inc.

  2. Official Channels
    Authorized communications and payment instructions will originate only from the following sources:

    • Email addresses ending in @brokersrecruiter.com; and

    • Websites owned or operated by VisualStudio.tv, Inc., including www.brokersrecruiter.com.

  3. Unauthorized Communications
    Any solicitation, invoice, demand for payment, or communication issued in the name of “Brokers Recruiter” that does not originate from the official channels listed above is unauthorized and invalid. Such communications create no obligation or liability for VisualStudio.tv, Inc. or its clients.

  4. Client Duty to Verify
    Clients are responsible for verifying the authenticity of any communication purporting to be from The Brokers Recruiter. In the event of doubt, clients must contact VisualStudio.tv, Inc. directly at support@brokersrecruiter.com.

  5. Fraudulent Payments
    Clients who receive or respond to unauthorized communications, or who make payments to an unauthorized party, do so at their own risk. Clients are strongly advised to immediately contact their credit card issuer or financial institution to cancel or dispute any such charges.

  6. Disclaimer of Liability
    VisualStudio.tv, Inc. expressly disclaims all liability for losses, damages, or expenses arising from reliance on, or payment made in response to, unauthorized or fraudulent communications.

22. Contracting Entity and Governing Law

The contracting entity is:

The Brokers Recruiter
8905 Randall Dr NW
Gig Harbor, WA 98332
Email: support@brokersrecruiter.com

Platform Use, Customer Responsibilities & Service Limitations

Platform Purpose

Brokers Recruiter is a cloud-based recruiting platform designed to assist real estate brokers, teams, and recruiting professionals with agent recruiting, customer relationship management (CRM), recruiting websites, artificial intelligence (AI) tools, communication tools, MLS integrations, reporting, analytics, and other related services (the “Platform”).

The Platform is intended to enhance and streamline recruiting activities by providing technology, automation, and data-driven insights. The Platform is a business tool and should be used as part of the Customer’s overall recruiting strategy.

No Guarantee of Recruiting Results

While the Platform is designed to improve recruiting efficiency and provide valuable tools and insights, Brokers Recruiter does not guarantee any specific recruiting or business outcome.

Without limitation, Brokers Recruiter does not guarantee:

  • Recruitment or hiring of agents;
  • Appointments with prospective agents;
  • Responses to emails, text messages, or phone calls;
  • Increased recruiting activity;
  • Increased transaction volume;
  • Increased revenue or profitability;
  • Customer retention;
  • Business growth; or
  • Any other measurable business result.

Every brokerage operates differently, and recruiting success depends upon numerous factors outside the reasonable control of Brokers Recruiter.

Customer Responsibilities

The Customer acknowledges that successful recruiting requires active participation by the brokerage.

The Customer is solely responsible for:

  • Developing and executing its recruiting strategy;
  • Initiating and maintaining recruiting activities;
  • Following up with prospective agents;
  • Responding to inquiries;
  • Scheduling appointments and meetings;
  • Conducting interviews;
  • Negotiating with prospective agents;
  • Hiring decisions;
  • Training and onboarding agents; and
  • Managing ongoing recruiting efforts.

Brokers Recruiter provides technology designed to assist recruiting efforts but does not perform recruiting activities on behalf of the Customer and shall not be responsible for recruiting outcomes resulting from a Customer’s level of effort, follow-up practices, implementation, or business decisions.

Third-Party Data

Certain information available through the Platform is obtained from third-party providers, including but not limited to Multiple Listing Services (MLS), public records, mapping services, artificial intelligence providers, communication providers, and other external data sources.

Although Brokers Recruiter makes reasonable efforts to provide accurate and current information, we do not guarantee the completeness, accuracy, availability, or timeliness of information supplied by third parties.

Brokers Recruiter shall not be responsible for inaccuracies, omissions, delays, interruptions, or changes in third-party data or services.

Email, SMS & Voice Communications

The Platform may integrate with third-party providers for email delivery, SMS messaging, voice calling, voicemail, artificial intelligence, calendar scheduling, payment processing, and other communication services.

Actual delivery, receipt, inbox placement, response rates, call completion, or message visibility cannot be guaranteed and may be affected by factors outside Brokers Recruiter’s reasonable control, including but not limited to spam filters, telecommunications carriers, recipient devices, internet service providers, network outages, and third-party platform policies.

Artificial Intelligence Features

Certain features of the Platform utilize artificial intelligence to assist Customers with drafting emails, text messages, recruiting communications, marketing content, reports, and other business materials.

AI-generated content is intended solely as a productivity tool and may contain inaccuracies or incomplete information.

Customers remain solely responsible for reviewing, editing, approving, and verifying all AI-generated content before sending, publishing, or otherwise relying upon such content.

Customer Compliance

The Customer is solely responsible for ensuring that its use of the Platform complies with all applicable federal, state, provincial, and local laws and regulations.

This includes, without limitation:

  • Email marketing laws;
  • Telephone and SMS communication laws;
  • Privacy and data protection laws;
  • Do-Not-Call regulations;
  • Anti-spam requirements;
  • Consent requirements; and
  • Any licensing or regulatory obligations applicable to the Customer’s business.

Brokers Recruiter provides technology services only and is not responsible for the Customer’s compliance with applicable laws or regulations.

Third-Party Services

The Platform may integrate with or rely upon services provided by independent third parties, including payment processors, communication providers, artificial intelligence providers, MLS organizations, mapping providers, cloud hosting providers, authentication providers, and other technology vendors.

Brokers Recruiter does not control the availability, policies, pricing, performance, or reliability of third-party services and shall not be liable for service interruptions, outages, delays, policy changes, pricing changes, or other issues arising from third-party providers.

Limitation of Liability

To the fullest extent permitted by applicable law, Brokers Recruiter shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the use of the Platform, including but not limited to:

  • Loss of revenue;
  • Loss of profits;
  • Loss of commissions;
  • Loss of recruiting opportunities;
  • Loss of business relationships;
  • Business interruption;
  • Loss of goodwill;
  • Loss of anticipated savings; or
  • Loss or corruption of data.

In all circumstances, Brokers Recruiter’s total aggregate liability arising out of or relating to the Platform shall not exceed the total subscription fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited under applicable law.

Service Availability

While Brokers Recruiter strives to provide continuous Platform availability, uninterrupted access cannot be guaranteed.

Scheduled maintenance, software updates, emergency maintenance, internet disruptions, third-party outages, or circumstances beyond our reasonable control may temporarily affect Platform availability.

Subscription Model

Unless otherwise agreed in writing, Brokers Recruiter operates on a month-to-month subscription basis.

Customers may cancel their subscription at any time in accordance with the cancellation procedures then in effect.

Subscription fees previously paid are non-refundable except where required by applicable law or expressly stated in a separate written agreement.

Acceptance of Terms

By creating an account, activating a subscription, renewing a subscription, making a payment, or otherwise using the Platform, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms of Use.

VisualStudio.tv, Inc., a Washington corporation (Account ID 602728582-001-0001), doing business as “The Brokers Recruiter.”

This Agreement is governed by the laws of the State of Washington, USA, and applicable U.S. federal law. Jurisdiction and venue shall rest with courts located in Washington State.