Terms of Service

1. Acceptance of Terms

Welcome to HomeShark. These Terms of Service ("Terms") constitute a legally binding agreement between you, a registered user of HomeShark (hereinafter, "User," "Registered User," "you," or "your") and HomeShark, Inc., a Georgia corporation (hereinafter, "HomeShark," "Company," "we," "us," or "our"), operating the real estate technology platform accessible at homeshark.com, and related mobile applications and desktop applications (collectively, the "Platform").

These Terms apply to all unauthenticated visitors, registered users, and any other persons who access or use the Platform, regardless of whether they have created an account.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms on the Platform with an updated effective date. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must discontinue your use of the Platform.

2. Description of Services

HomeShark operates a real estate technology platform that offers the following services to Users:

2.1 MLS Property Search

HomeShark imports third-party MLS data into the Platform. The Platform provides access to residential property listings sourced from the First Multiple Listing Service (FMLS) and Georgia Multiple Listing Service (GAMLS) (collectively, the "MLS") through licensed data feeds. HomeShark itself does not generate, review, edit or independently provide residential property listing data. Listing data is provided for informational purposes only and is subject to the terms and display rules of each MLS. HomeShark makes no representation regarding a listed property's marketability of title, nor the quality, completeness, accuracy, or timeliness of any property or associated listing data.

2.2 Showing Coordination

HomeShark provides a technology-enabled communication tool that allows Users to submit requests to schedule in-person showings of residential properties listed on the MLS. HomeShark's role in this process is strictly limited to facilitating the transmission of scheduling requests and related communications between Users and listing agents or their designated representatives.

HomeShark does not select properties for you, recommend properties, provide advice regarding showings, or act on your behalf in a representative or fiduciary capacity in connection with any showing request prior to the establishment of a formal brokerage relationship as described in Section 3.

All showing availability, confirmations, and scheduling details are determined solely by listing agents, sellers, or third-party scheduling systems. HomeShark does not control and does not guarantee the availability of any property for showing, the timing of any showing, or the accuracy of any scheduling-related information.

Additionally, no agency, fiduciary, or brokerage relationship is created by coordinating showings through this pipeline.

2.3 Contract Builder

The Contract Builder is a user-directed technology tool that enables registered Users to input information and selections in order to generate a draft Georgia Residential Purchase and Sale Agreement based on those inputs.

The Contract Builder operates solely as a formatting and document assembly tool. The Contract Builder is user-directed only and we do not select terms for you. The tool is used only for the purpose of creating the terms of an offer via a formatting mechanism based on user input. HomeShark does not select contract terms, recommend legal provisions, or provide legal advice through the Contract Builder.

Broker representation is provided exclusively in connection with and upon initiation of the Contract Builder workflow and your electronic execution of a Georgia Buyer Brokerage Agreement presented through the Platform. No agency, fiduciary, or brokerage relationship is created by any preliminary communications, showing coordination, or assistance prior to execution of the Georgia Buyer Brokerage Agreement. Prior to initiation of the Contract Builder and execution of a Georgia Buyer Brokerage Agreement, HomeShark operates solely as a technology platform and does not provide real estate brokerage services. Even after execution of the agreement, there is no legal review or legal representation by HomeShark or associated brokerage.

The Contract Builder is not a substitute for legal counsel. Users are solely responsible for reviewing any generated document and are strongly encouraged to seek independent legal advice prior to execution.

2.4 User Responsibility

You are solely responsible for the accuracy, completeness, and legal sufficiency of all information and selections you provide through the Contract Builder. HomeShark does not independently verify any information entered by you. HomeShark does not guarantee that any generated document complies with all applicable legal requirements or will be accepted in any specific transaction.

You acknowledge that you may be creating your own legally binding documents that may have significant financial and legal consequences. You assume all risks associated with the use of any contract generated through the Platform.

2.5 Platform Limitations

As of the date of these Terms, HomeShark operates exclusively within the State of Georgia. The Platform, MLS data, Contract Builder, and all related services are intended for use in connection with real property located in Georgia only. Use of the Platform in connection with properties located outside of Georgia is not supported and may produce inaccurate or inapplicable results.

3. Real Estate Brokerage Relationship & Disclosures

3.1 Platform Use vs. Brokerage Services

HomeShark operates a real estate technology platform that is made available in connection with a licensed Georgia real estate brokerage. However, your use of the Platform — including browsing listings, saving properties, receiving automated property information, or submitting showing requests — does not, by itself, create any agency, fiduciary, or brokerage relationship between you and HomeShark or its affiliated broker.

Prior to the execution of a written Buyer Brokerage Agreement, you are considered an unrepresented user of a technology platform. During this period:

• HomeShark does not act as your agent or representative.

• HomeShark does not owe you fiduciary duties.

• HomeShark does not provide real estate advice, negotiation services, or representation.

• Any assistance provided is administrative or ministerial in nature.

A brokerage relationship is created only upon (a) your affirmative initiation of the Contract Builder workflow and (b) your execution of a written Georgia Buyer Brokerage Agreement presented through the Platform.

No oral statements, preliminary communications, or Platform interactions shall be deemed to create a brokerage relationship absent a fully executed written agreement.

3.2 Georgia Buyer Brokerage Disclosure

In accordance with the requirements of the Georgia Real Estate Commission (GREC) and O.C.G.A. Title 43, Chapter 40, HomeShark will present you with a Buyer Brokerage Disclosure and, upon initiation of the Contract Builder, a Buyer Brokerage Agreement. You must review and execute these documents before any brokerage services are rendered on your behalf.

3.3 MLS Data & IDX Compliance

Listing information displayed on the Platform is sourced from FMLS and GAMLS pursuant to Internet Data Exchange (IDX) and Virtual Office Website (VOW) data licensing agreements. Information is deemed reliable, but is not guaranteed. All listing content remains the property of the respective MLS and the listing brokerage as identified and displayed. HomeShark does not have knowledge of and is not responsible for any errors, omissions or misrepresentations in MLS data. Users may not copy, reproduce, redistribute, or commercially exploit any MLS listing data obtained through the Platform.

3.4 No Guarantee of Transaction Outcome

HomeShark does not guarantee that use of the Platform will result in a completed real estate transaction, an accepted offer, a successful showing or showings, or any other outcome. Real estate transactions are subject to market conditions, seller decisions, lender requirements, and other factors outside of HomeShark's control.

3.5 Real Estate Transaction Parties

When you initiate the Contract Builder, engage in a brokerage relationship by your electronic execution of a Georgia Buyer Brokerage Agreement and authorize HomeShark to submit an offer on your behalf, we will share the relevant contract and contact information with the listing agent and/or seller as required to present your offer. This sharing is a core part of the brokerage services you have engaged HomeShark to provide and is not a sale of your data. Please see the Privacy Policy, incorporated herein by reference, for more information.

4. User Accounts & Registration

4.1 Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into binding contracts under applicable law to register for a HomeShark account or to use any features of the Platform. By registering, you represent and warrant that you meet these requirements.

4.2 Account Registration

To access certain features of the Platform — including saving favorite properties, requesting showings, and using the Contract Builder — you must create a registered account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify HomeShark immediately of any unauthorized use of your account or any other security breach. HomeShark is not liable for any loss or damage arising from your failure to comply with this section.

4.4 One Account Per User

Each User may maintain only one active account. Creating multiple accounts to circumvent account restrictions, suspensions, or other limitations is prohibited and may result in permanent termination of all associated accounts.

4.5 Account Verification

HomeShark may require you to verify your identity or contact information (by email or SMS) as a condition of account activation or continued use. Failure to complete required verification may result in limited or suspended access to Platform features.

5. Fees, Subscriptions & Payment

5.1 Fee-Based Services

HomeShark offers fee-based access to certain Platform features through the following arrangements:

• Subscription Plans: Monthly or annual subscription fees for full access to Platform features including advanced MLS search, saved searches, and Contract Builder access.

• Flat-Fee Transaction Services: A one-time fee per real estate transaction for brokerage services rendered in connection with the Contract Builder workflow.

• Commission-Based Services: Brokerage compensation through a buyer-side commission earned at closing, as disclosed in the applicable Buyer Brokerage Agreement.

5.2 Billing & Payment

All subscription fees are billed in advance on a monthly or annual basis, as selected at the time of enrollment. Fees are non-refundable except as expressly stated in these Terms or required by applicable law. HomeShark uses third-party payment processors to handle payment transactions. By providing payment information, you authorize HomeShark and its payment processor to charge the applicable fees to your designated payment method.

5.3 Subscription Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel your subscription prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting HomeShark support. Cancellation takes effect at the end of the current billing period; no partial refunds are provided for unused subscription time.

5.4 Fee Changes

HomeShark reserves the right to change subscription fees or introduce new fees at any time with at least thirty (30) days' advance notice. Continued use of the Platform after the effective date of any fee change constitutes your acceptance of the revised fees.

5.5 Taxes

You are responsible for all applicable taxes, fees, and charges imposed by governmental authorities in connection with your use of the Platform or any real estate transaction facilitated through the Platform, except to the extent HomeShark is required by law to collect and remit such taxes.

6. Contract Builder — Specific Terms

6.1 Nature of the Contract Builder

The Contract Builder is a guided technology tool designed to assist registered Users in preparing a draft Georgia Residential Purchase and Sale Agreement. The tool is not a substitute for legal counsel. The contract generated is a document that creates binding legal obligations upon execution.

6.2 Broker Review Requirement

All agreements generated through the Contract Builder are subject to mandatory review and approval by the HomeShark supervising broker before submission to any listing agent or seller. No contract generated through the Platform will be submitted on your behalf without prior broker review and approval. Broker review is limited ONLY to brokerage compliance and does not constitute legal review, verification of accuracy, or guarantee of enforceability of any documentation or terms. HomeShark will endeavor to complete broker review within one (1) business day of agreement submission, but does not guarantee any specific review timeline.

6.3 User Responsibility

You are responsible for the accuracy and completeness of all information you provide through the Contract Builder. HomeShark and its broker are not responsible for errors, omissions, or adverse outcomes resulting from inaccurate or incomplete information provided by you. You acknowledge that real estate contracts are complex legal instruments and that you have been advised to seek independent legal counsel.

6.4 GAR Form Compliance

HomeShark intends for contract templates used in the Contract Builder to substantially conform to the current Georgia Association of REALTORS (GAR) standard residential purchase and sale agreement form requirements. However, HomeShark makes no warranty that any generated contract will be accepted by any seller, listing agent, or court, or that it will satisfy all legal requirements applicable to your specific transaction.

6.5 Electronic Signatures

The Platform may use third-party electronic signature services to facilitate execution of contracts and brokerage agreements. Electronic signatures applied through the Platform are intended to have the same legal effect as handwritten signatures pursuant to the Georgia Electronic Records and Signatures Act (O.C.G.A. Title 10, Chapter 12) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN). You consent to the use of electronic records and signatures for all Platform transactions.

7. Acceptable Use & Prohibited Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Platform for any purpose that violates any applicable federal, state, or local law or regulation.

• Access, collect, scrape, harvest, or otherwise extract any MLS listing data, property information, or other Platform content through automated means, bots, scrapers, crawlers, or any technology other than the Platform's standard user interface.

• Reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content obtained from the Platform, including MLS listing data, contract templates, or proprietary Platform features.

• Attempt to gain unauthorized access to any portion of the Platform, other user accounts, or any systems or networks connected to the Platform.

• Interfere with, disrupt, or damage the integrity or performance of the Platform or the data contained therein.

• Impersonate any person or entity, or misrepresent your affiliation with any person or entity, in connection with your use of the Platform.

• Use the Platform to transmit unsolicited commercial communications, spam, or any content that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or otherwise objectionable.

• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform.

• Use the Platform in connection with any real property located outside the State of Georgia.

• Create multiple accounts or share your account credentials with third parties.

HomeShark reserves the right to investigate and take appropriate legal action against any User who, in HomeShark's sole discretion, violates this Section, including reporting such activity to law enforcement authorities.

8. Intellectual Property

8.1 HomeShark Intellectual Property

The Platform and all of its content, features, and functionality — including but not limited to software, algorithms, text, graphics, logos, icons, images, audio clips, data compilations, contract templates, and the selection and arrangement thereof — are owned by HomeShark, its licensors, or other providers of such material, and are protected by United States and international intellectual property laws. The HomeShark name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HomeShark, Inc. You may not use such marks without the prior written permission of HomeShark.

8.2 MLS Content Ownership

All MLS listing content, including property descriptions, photographs, and listing data, remains the property of the respective MLS organizations (FMLS and GAMLS) and their member brokerages. Such content is licensed to HomeShark for display purposes only and is subject to MLS data licensing terms. You acquire no ownership rights in MLS content by accessing it through the Platform.

8.3 Limited License to Users

Subject to your compliance with these Terms, HomeShark grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content solely for your personal, non-commercial homebuying purposes. This license does not include any right to: collect or harvest any data from the Platform; use data mining, robots, or similar data gathering tools; copy or reproduce the Platform or its content for commercial use; or frame or mirror any part of the Platform without HomeShark's prior written authorization.

8.4 User Content

By submitting any content, information, or data to the Platform (including contract information, preferences, and communications), you grant HomeShark a non-exclusive, worldwide, royalty-free license to use, store, display, and process such content solely as necessary to provide the Platform services to you. HomeShark will not sell your personal content or data to third parties for marketing purposes.

9. Privacy & Data

Your use of the Platform is subject to HomeShark's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. The Privacy Policy is available at homeshark.com/privacy.

HomeShark collects and processes personal information including your name, contact information, account credentials, property search activity, and transaction information. This information is used to provide and improve the Platform, facilitate real estate transactions, communicate with you, and comply with legal obligations.

HomeShark implements industry-standard security measures to protect your personal information, including encryption of data in transit and at rest. However, no method of transmission over the internet or electronic storage is completely secure, and HomeShark cannot guarantee the absolute security of your information.

10. Disclaimer of Warranties

Without limiting the foregoing, HomeShark makes no warranty that:

• The Platform will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis.

• Any MLS listing data displayed on the Platform is accurate, complete, current, or free from errors or omissions.

• Any contract generated through the Contract Builder will be legally sufficient, accepted by any seller or listing agent, or result in a completed transaction.

• The results obtained from use of the Platform will be accurate, reliable, or meet your expectations.

• Any defects or errors in the Platform will be corrected.

All MLS listing information is provided by third-party MLS sources and HomeShark does not independently verify listing data. You should independently verify all property information before making any real estate decision.

11. Limitation of Liability

In no event shall HomeShark's total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Platform exceed the greater of: (a) the total fees paid by you to HomeShark during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

The foregoing limitations of liability are a fundamental element of the basis of the bargain between HomeShark and you. HomeShark would not be able to provide the Platform on an economically feasible basis without these limitations.

12. Indemnification

You agree to defend, indemnify, and hold harmless HomeShark, its parent company, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.

• Your use of the Platform, including your use of the Contract Builder or any binding agreement generated thereby.

• Any real estate transaction you enter into through or facilitated by the Platform.

• Your violation of any third-party right, including any intellectual property right, privacy right, or MLS data licensing rule.

• Any inaccurate, incomplete, or misleading information you provide through the Platform.

• Your violation of any applicable law, regulation, or rule, including Georgia real estate law.

13. Dispute Resolution & Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact HomeShark at legal@homeshark.com and provide a written description of your dispute, the relief sought, and your contact information. HomeShark will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to arbitration as set forth below.

13.2 Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. Except for disputes that qualify for small claims court, you and HomeShark agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

The arbitration will be conducted in Fulton County, Georgia, unless the parties agree otherwise. The arbitrator shall have exclusive authority to resolve any Dispute, including any question regarding the existence, scope, or enforceability of this arbitration agreement. The arbitrator may award any relief available in a court of competent jurisdiction. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA rules, unless otherwise required by applicable law. Each party shall bear its own attorneys' fees unless otherwise awarded by the arbitrator.

If any portion of this arbitration agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

13.3 Class Action Waiver

YOU AND HOMESHARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found unenforceable, then the entire arbitration provision in this Section 13 shall be null and void.

13.4 Exceptions

Notwithstanding the foregoing agreement to arbitrate, either party may seek temporary, preliminary, or emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent and irreparable harm, including any actual or threatened misuse, misappropriation, or violation of intellectual property rights or confidential information, pending final resolution of the dispute through arbitration.

Either party may also bring an individual action in a court of competent jurisdiction for the collection of amounts owed, provided that such claims do not involve issues otherwise subject to arbitration beyond the collection of such amounts.

Nothing in this Section prevents HomeShark from pursuing collection of fees owed.

13.5 Right to Opt Out of Arbitration

You may opt out of the arbitration agreement contained in this Section by providing written notice to HomeShark at legal@homeshark.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you will retain the right to pursue disputes in court.

14. Governing Law & Jurisdiction

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.

To the extent any dispute is not subject to arbitration under Section 13, such dispute shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and the parties hereby consent to the personal jurisdiction and venue of such courts. Each party waives any objection based on improper venue or forum non conveniens.

15. Termination of Account & Access

15.1 Termination by HomeShark

HomeShark reserves the right, in its sole discretion, to suspend or terminate your account and access to the Platform at any time and for any reason, with or without notice, including but not limited to:

• Violation of these Terms or any applicable law.

• Conduct that HomeShark determines, in its sole discretion, to be harmful to other users, third parties, or HomeShark's business interests.

• Non-payment of applicable fees.

• Inactivity for a period of twelve (12) consecutive months.

• Requests by law enforcement or government authorities.

15.2 Termination by You

You may terminate your account at any time by contacting HomeShark at support@homeshark.com or through your account settings. Termination does not entitle you to any refund of prepaid subscription fees, except as required by applicable law.

15.3 Effect of Termination

Upon termination of your account for any reason: (a) your right to access and use the Platform immediately ceases; (b) HomeShark may delete your account data in accordance with its data retention policies; (c) any pending contracts in the Contract Builder workflow will be handled in accordance with applicable Georgia real estate law and any executed Buyer Brokerage Agreement; and (d) all provisions of these Terms that by their nature should survive termination shall so survive, including without limitation Sections 8, 10, 11, 12, 13, 14, and 16.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Buyer Brokerage Agreement or transaction-specific addendum, constitute the entire agreement between you and HomeShark with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

16.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the provision shall be severed, and the remaining provisions of these Terms shall remain in full force and effect.

16.3 Waiver

HomeShark's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of HomeShark.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without HomeShark's prior written consent. HomeShark may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law.

16.5 Force Majeure

HomeShark shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent caused by circumstances beyond HomeShark's reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, or failures of third-party service providers including MLS data providers.

16.6 Notices

All notices, requests, and other communications from HomeShark to you shall be provided by email to the address associated with your account or by posting such notice on the Platform, and shall be deemed given upon sending (for email) or upon posting (for Platform notices).

Notices to HomeShark must be sent by email to legal@homeshark.com or by certified mail, return receipt requested, to HomeShark's registered corporate address in the State of Georgia, and shall be deemed given upon receipt.

16.7 Accessibility

HomeShark is committed to providing a Platform that is accessible to all users, including individuals with disabilities. If you encounter any accessibility barriers or have difficulty using the Platform, please contact us at support@homeshark.com. We will make reasonable efforts to address your concerns and provide appropriate accommodations in accordance with applicable law.

17. Contact Us — Terms Inquiries

If you have questions about these Terms of Service, please contact HomeShark at: