Terms of Service

Effective: April 29, 2026

These Terms of Service (“Terms”) form a binding agreement between BrokerPath (“BrokerPath”, “we”) and the brokerage that registers an account on the BrokerPath platform (the “Customer”, “you”). By registering, you confirm that you are authorized to bind the brokerage to these Terms.

1. The Service

BrokerPath provides software-as-a-service tools for Ontario real-estate brokerages, including trust accounting, commission management, deal lifecycle tracking, FINTRAC Receipt of Funds records, agent invoicing, and related reports (the “Service”). The Service is intended for use by licensed brokerages only.

2. Account & users

The Customer designates one or more Broker of Record or Admin users who are responsible for inviting, managing, and removing other users (Agents, Accountants). The Customer is responsible for all activity under its account, including the actions of users it invites. You must keep credentials confidential and enable two-factor authentication for every BoR and Admin account.

3. Acceptable use

Use of the Service is subject to our Acceptable Use Policy. You may not use the Service to violate any law, infringe a third party's rights, attempt to circumvent tenant isolation or rate-limits, or interfere with other customers.

4. Subscription, fees, and trial

BrokerPath offers a free trial for new brokerages. After the trial period, continued use requires an active paid subscription as described on our pricing page or in a written order form. Fees are charged in Canadian dollars unless stated otherwise, billed in advance for the upcoming subscription period, and are non-refundable except as required by law. We may change pricing on 30 days' notice; changes apply at the next renewal.

If a payment fails, we will retry collection and notify the BoR. If payment remains unresolved after a reasonable cure period (typically 14 days), we may suspend the Service. Read access for the purpose of data export will remain available for at least 30 days after suspension.

5. Customer data and ownership

You retain ownership of all data you submit to the Service (“Customer Data”). You grant BrokerPath a worldwide, non-exclusive licence to host, copy, transmit, display, and otherwise process Customer Data solely to operate, maintain, and improve the Service for you. BrokerPath does not sell, rent, or licence Customer Data to third parties.

6. Compliance & regulated data

BrokerPath provides tools that help brokerages meet their obligations under REBBA, the RECO Code of Ethics, FINTRAC, and CRA HST rules. Compliance with those obligations remains the sole responsibility of the Customer and its Broker of Record. BrokerPath is software, not a regulator, lawyer, accountant, or auditor. You agree to verify the output of the Service against your own records before relying on it for regulatory filings.

7. Privacy

Our processing of personal information is governed by our Privacy Policy. Where the Customer is the controller of personal information processed by the Service, the parties' respective obligations are set out in the Data Processing Addendum.

8. Confidentiality

Each party will protect the other's confidential information (including Customer Data and non-public information about the Service) using at least the same degree of care it uses for its own confidential information, and not less than a reasonable standard. Confidential information may only be used to perform this agreement.

9. Intellectual property

BrokerPath, including all software, trademarks, and documentation, is and remains the property of BrokerPath. Nothing in these Terms transfers any intellectual-property rights to you, except the limited right to use the Service while your subscription is active.

10. Service availability

BrokerPath targets high availability but does not guarantee uninterrupted operation on Starter or Professional plans. Specific uptime commitments, if any, are set out in a separate Service Level Agreement attached to your order form. Scheduled maintenance is announced in advance via email and the in-app status page.

11. Suspension

We may suspend access immediately if we reasonably believe your use of the Service threatens its security, integrity, or availability, materially violates these Terms or the Acceptable Use Policy, or exposes BrokerPath to legal liability. Where practicable, we will give notice and an opportunity to cure.

12. Term & termination

These Terms remain in effect while your subscription is active. Either party may terminate for convenience at the end of the current billing cycle on at least 30 days' notice, or immediately for the other party's uncured material breach after 30 days' written notice. On termination, you may export Customer Data for 30 days; thereafter we may delete or de-identify it, subject to retention obligations described in the Privacy Policy.

13. Disclaimers

Except as expressly set out in these Terms, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, BrokerPath disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. BrokerPath does not warrant that the Service will be error-free or that all defects will be corrected.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or goodwill, even if advised of the possibility. Each party's aggregate liability arising out of or related to these Terms is limited to the fees paid or payable by the Customer to BrokerPath in the 12 months preceding the event giving rise to the claim. The foregoing limitations do not apply to: (a) breaches of confidentiality, (b) indemnification obligations, (c) a party's gross negligence or willful misconduct, or (d) any liability that cannot be limited under applicable law.

15. Indemnification

You will defend, indemnify, and hold harmless BrokerPath from third-party claims arising out of (a) Customer Data, (b) your violation of law or these Terms, or (c) your use of the Service in breach of the Acceptable Use Policy. BrokerPath will defend, indemnify, and hold harmless the Customer from third-party claims that the Service, used as permitted, infringes such third party's Canadian intellectual-property rights, subject to the liability cap in section 14.

16. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of Ontario sitting in Toronto, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated by email and posted in-app at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the changes.

18. Contact

Questions about these Terms? Email legal@brokerpath.ca.