Terms of Service

1. Introduction

Welcome to PropOp ("PropOp," "we," "us," or "our"), operated by Crestedge Real Estate LLC at 3021 Ridge Road Ste A78, Rockwall, TX 75032. PropOp is an online platform that connects licensed real estate agents who have active listings with licensed real estate agents who create social media content featuring those listings.

These Terms of Service ("Terms") govern your access to and use of PropOp, including our website, applications, and any related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use PropOp.

2. Eligibility

To register for or use PropOp, you must:

• Be a currently licensed real estate agent with an active license issued by the applicable state real estate licensing authority;
• Be sponsored by or affiliated with an active real estate brokerage;
• Be at least 18 years of age;
• Provide accurate, current, and complete information during registration, and keep that information up to date;
• Agree to comply with all applicable laws and the rules of your sponsoring broker;
• Not be barred from receiving services under U.S. law or the laws of any other applicable jurisdiction.

PropOp manually reviews and approves account registrations. We reserve the right to approve, deny, or revoke any registration in our sole discretion.

3. Account registration and security

When you register, you will be asked to provide identifying information, including your name, real estate license number, sponsoring brokerage, direct phone number, email address, and your social media handles (such as Instagram, TikTok, YouTube, and Facebook).

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity that occurs under your account;
• Promptly notifying us at hello@heypropop.com of any unauthorized access or suspected security breach;
• Keeping your TREC license, brokerage affiliation, and contact information current.

You may not share, sell, transfer, or otherwise allow others to use your account.

4. Roles on PropOp

PropOp users may participate in one or both of the following roles:

• Listing Agent, a user who uploads a property they represent to the PropOp Service so that other agents can request access to create content about it.
• Content-Creating Agent, a user who searches for and requests access to listings on PropOp for the purpose of creating social media content.

The obligations that apply to each role are set out below. If you act in both roles, both sets of obligations apply to you.

5. Obligations of Listing Agents

If you upload a listing to PropOp as a Listing Agent, you represent and warrant that:

• You have a current and valid listing agreement with the legal owner of the property;
• You have obtained the property owner's informed consent for licensed agents to visit the property through PropOp for the purpose of creating social media content;
• All information you provide about the listing, including address, price, size, photographs, and access instructions, is accurate, current, and lawful for you to share;
• You will respond in a reasonable time to access requests received through PropOp;
• You will not upload any property you are not legally authorized to market;
• You will promptly remove or update any listing that is no longer active or whose details have changed.

You retain all rights to the listing information you upload. You grant PropOp a limited, non-exclusive, royalty-free license to display that information within the Service for the purpose of operating the platform.

6. Obligations of Content-Creating Agents

If you request access to a listing through PropOp as a Content-Creating Agent, you agree, before access instructions are released to you, to each of the following:

1. You will clearly identify your visit as a content-creation visit, not a buyer showing, when scheduling with the Listing Agent or any third-party scheduling service (such as ShowingTime or Broker Bay);
2. You will include the property address as a hashtag (for example, #123MainStreet) on every social media post that features the listing, on every platform where you publish such posts;
3. You will include a credit to the Listing Agent in the description of every post (for example, "Thanks @[ListingAgentHandle] for the tour");
4. You will represent the listing accurately and in a positive professional manner;
5. You will not represent the listing as your own, and will not give any impression to viewers that you are the listing agent for the property;
6. You will return to PropOp and submit the URL of each published post within seven (7) days of publication;
7. You acknowledge that any failure to comply with these obligations, or with PropOp's Terms more broadly, may result in suspension or removal from the platform.

7. Buyer representation

If a member of the public contacts you, the Content-Creating Agent, as a result of content you created through PropOp, and you intend to represent them as a buyer client:

• You must have a signed written buyer representation agreement in place before performing any acts of buyer representation, in accordance with current NAR requirements and applicable state law;
• You acknowledge that any compensation arrangements are between you, your sponsoring broker, and your client, and are not facilitated or guaranteed by PropOp;
• You acknowledge that PropOp does not act as a referral source and does not claim or accept any referral fee, commission, or other compensation related to transactions that arise from PropOp content.

8. Prohibited conduct

You agree not to:

• Use PropOp to harass, defame, disparage, or interfere with another agent, brokerage, property owner, or any other person;
• Misrepresent any property, agent, or yourself;
• Bring buyers or other clients to a property accessed through PropOp without separate, lawful authorization from the Listing Agent and the property owner;
• Use the access instructions or contact information shared through PropOp for any purpose other than the specific content-creation visit they were issued for;
• Scrape, copy, harvest, or extract data from the Service through automated means;
• Reverse engineer, decompile, or attempt to gain unauthorized access to PropOp's systems;
• Use PropOp for any unlawful purpose or in violation of any applicable law or regulation, including state real estate commission rules governing advertising and representations;
• Impersonate another licensed agent, use false credentials, or misrepresent your license status;
• Upload, post, or transmit any content that is unlawful, threatening, defamatory, obscene, or that infringes on the rights of any third party.

9. Content and intellectual property

You retain ownership of all social media content you create and publish on third-party platforms. By submitting a post URL to PropOp, you grant PropOp a limited, non-exclusive, royalty-free, worldwide license to:

• Display the URL and basic metadata (such as platform name and post date) on the relevant listing's PropOp reporting page;
• Reference your content for the purpose of platform administration, reporting to Listing Agents, and aggregate platform metrics;
• Use a count of your posts in PropOp's aggregate, anonymized statistics about the Service.

PropOp does not host, store, modify, or republish the content of your social media posts. All such content remains hosted by and subject to the terms of the relevant third-party platform.

You may not use PropOp's name, logo, trademarks, or other intellectual property without our prior written consent, except to credit PropOp as required by these Terms.

10. PropOp's role; no responsibility for user content

PropOp is a marketplace and matching service. We do not:

• Create, control, edit, monitor, or review the social media content that Content-Creating Agents publish on third-party platforms;
• Verify the accuracy of listing information beyond confirming agent license status at registration;
• Act as a real estate brokerage, advertising agency, or content publisher;
• Guarantee the performance, professionalism, or conduct of any individual user.

Each user is solely responsible for their own content, their own conduct, and their own compliance with applicable law. PropOp is not a party to any transaction, communication, agreement, or relationship that arises between users.

If you believe another user has violated these Terms or applicable law, you may report the violation to us at hello@heypropop.com. We will review reports in good faith and may, in our sole discretion, take any action we consider appropriate, including warning the user, removing the user from the platform, or taking no action.

11. No guarantee of results

PropOp makes no representations or warranties regarding:

• The volume, frequency, quality, or reach of content produced through the Service;
• The number of visits, requests, or matches you will receive;
• Any business outcome, including leads, listings, showings, offers, contracts, commissions, or referrals;
• The conduct of any other user.

Participation in PropOp is at each user's own discretion and risk.

12. Fees

PropOp is currently offered to eligible agents without charge. We reserve the right to introduce paid features, subscriptions, or premium tiers in the future. If we do, we will provide users with at least thirty (30) days' advance notice before any pricing change takes effect, and no agent will be charged without affirmative consent.

13. Privacy

Your use of PropOp is also governed by our Privacy Policy, which describes what information we collect, how we use it, and the choices you have regarding your information. By using PropOp, you acknowledge that you have read and agree to the Privacy Policy.

14. Suspension and termination

You may close your account at any time by contacting us at hello@heypropop.com or through the in-platform account settings.

PropOp may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Violation of applicable law or regulation;
• Conduct that, in our sole discretion, harms or is likely to harm the Service or other users;
• Loss or suspension of your real estate license;
• Repeated reports of misconduct by other users.

Sections that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive any termination of your account or of these Terms.

15. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PROPOP DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

PROPOP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PROPOP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE BY ANY USER.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROPOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY CONDUCT OR CONTENT OF ANY OTHER USER, OR ANY THIRD-PARTY SERVICE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROPOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROPOP'S TOTAL AGGREGATE LIABILITY TO ANY USER FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the limitations above apply to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless PropOp, its officers, directors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service;
• Your content;
• Your acts or omissions in connection with any listing, visit, or social media post;
• Your violation of these Terms;
• Your violation of any law, regulation, or third-party right.

18. Modifications to these Terms

We may update these Terms from time to time. When we do, we will post the updated Terms with a new "Last updated" date. For material changes, we will provide notice to active users by email at least seven (7) days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of those Terms.

19. Governing law; venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Rockwall County, Texas, and you consent to personal jurisdiction in those courts.

20. Severability and waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

21. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PropOp regarding the Service, and supersede any prior agreements between you and PropOp regarding the Service.

22. Contact