Agent Subscription Agreement
This Agreement is between SENVISTA LLC ("Senvista," "we," "us") and the agent, team, or brokerage that creates an account or subscribes to any plan, including the Free plan ("you," "Subscriber"). "Subscriber" means you on any plan; where a term applies only to a paid plan, it says so. By creating an account, clicking "I agree," or using the Service, you agree to this Agreement. If you accept on behalf of a brokerage or team, you represent that you have authority to bind it.
1. Definitions
- "Service" — the Senvista platform, including open-house QR sign-in links, the feedback forms, and the reports (the one-page Dashboard, the Playbook, and the Rescue Report).
- "Visitor" — an individual who signs in or submits feedback at your open house.
- "Visitor Data" — contact information Visitors submit at sign-in.
- "Feedback Data" — Visitors' anonymous ratings and comments.
- "Aggregated Data" — de-identified, aggregated feedback and usage information.
2. The Service & license
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your real estate business while your account is active, including on the Free plan. We may update, improve, modify, suspend, or discontinue any feature of the Service at any time; we have no obligation to maintain any particular feature and will not be liable to you for doing so.
3. Accounts
You must provide accurate account information, keep credentials secure, and are responsible for activity under your account. The Service is for licensed real estate professionals and their teams.
4. Plans, fees, billing & automatic renewal
- Plans: Free — $0 (sign-in + lead capture; feedback collected, report locked); Dashboard — $19/mo or $190/yr; Playbook — $29/mo or $290/yr; Single Report — $9 each; Rescue Report — $99 each; or as listed at checkout.
- Billing: fees are charged in advance to your payment method and are non-refundable except as required by law. Subscriptions do not prorate or refund for partial periods — if you cancel, you keep access through the end of the current paid billing period, after which the subscription ends.
- Automatic renewal (California Automatic Renewal Law — Bus. & Prof. Code §17600 et seq.): Your subscription automatically renews at the end of each billing period (monthly or annual, as selected) and your payment method will be charged the then-current rate until you cancel. We present these automatic-renewal terms clearly and conspicuously and obtain your affirmative consent before charging. You may cancel anytime, including through an easy online method (your billing portal) or by emailing support@candid.realestate; cancellation takes effect at the end of the current billing period. We will send any renewal/price-change notices required by law.
- Taxes: you are responsible for applicable taxes. Price changes apply at your next renewal with advance notice as required by law.
5. Your data and our roles
- Roles: for the open-house sign-in, we act as your service provider/processor. For your own follow-up communications with Visitors, you are an independent controller and are solely responsible for them.
- Data Processing Addendum: the Data Processing Addendum (DPA) is incorporated by reference and governs personal information processed through the Service.
- What you receive — contact information. You receive Visitor contact details only for Visitors who affirmatively consented at sign-in to being contacted. Consent is optional and is not a condition of signing in or touring, so some Visitors will sign in without their contact details being released to you. If a Visitor later opts out, we flag the opt-out and stop further sharing. You should expect the contacts delivered to you to be fewer than the total number of Visitors who signed in.
- What you receive — feedback. Feedback Data reaches you only through our reports, and only once a listing meets the minimum-response threshold. Reports present feedback in summarized, de-identified form and may include short, de-identified excerpts of Visitor comments, reproduced without any information identifying who gave them.
- What you will never receive. You do not get access to the underlying feedback dataset. No spreadsheet, CSV, database export, API, per-Visitor response log, or any other means of obtaining individual feedback responses or matching a response to the Visitor who gave it is provided — on any plan, at any price. This applies equally to the Free plan, Dashboard, Playbook, the Single Report, and the Rescue Report. Neither party will attempt to re-identify de-identified feedback.
- Which open houses your plan covers. A paid plan covers your most recent open house as at the date your paid plan starts, together with every open house after that date. Time on the Free plan does not count toward coverage — coverage begins when your first payment is taken, not when you created your account. Open houses held before that date are not included; each can be unlocked individually as a Single Report (§4). Single Reports are provided as the one-page Dashboard only, on any plan.
- Our use of Aggregated Data: you grant us a perpetual license to use Aggregated Data to operate, secure, benchmark, and improve the Service and to create de-identified market insights, provided it does not identify any Visitor or you.
6. Your compliance obligations (important)
You are solely responsible for your own communications and for complying with all laws when you contact Visitors, including the TCPA, the Telemarketing Sales Rule and National/State Do-Not-Call rules, CAN-SPAM, the California Invasion of Privacy Act (CIPA) (e.g., two-party consent before recording calls), and fair housing laws. Specifically, you agree to:
- (a) Contact Visitors only where they have consented, and honor opt-out/STOP/unsubscribe requests promptly;
- (b) Not attempt to re-identify, reverse-engineer, or de-anonymize Feedback Data, and not combine data sets to single out an individual's feedback;
- (c) Display or link the required Visitor notices (Privacy Policy, Terms, and any consent language) as provided or approved by us, and not alter the consent flow in a way that violates law;
- (d) Comply with fair housing laws and not use feedback to steer, discriminate, or make decisions on a prohibited basis;
- (e) Use Visitor Data only for legitimate real-estate follow-up relating to your listings and services, and not sell or transfer it unlawfully;
- (f) If you run your own promotion or sweepstakes, do so in compliance with applicable law (official rules, no-purchase-necessary, registration/bonding where required); any platform-wide drawing we operate is governed by our own Official Rules.
- (g) Disclosures. You are solely responsible for making any agency, non-agency, open-house, or other disclosures required of you or your brokerage under applicable law, and for the accuracy, lawful use, and your right to display any disclosure content you provide through the Service. You will not upload or display content you are not licensed to use (for example, association forms whose license restricts them to authorized platforms). The Service's sign-in is not a substitute for any disclosure you are required to make.
7. Acceptable use
You will not misuse the Service, including: using it for unlawful, deceptive, harassing, or infringing purposes; uploading malicious code; scraping or reverse-engineering; reselling or sublicensing the Service without our written consent; or exceeding documented usage limits in a way designed to abuse "unlimited" features.
8. Intellectual property
We and our licensors own the Service, software, templates, and report designs. You own your listing content and your Visitor Data (subject to this Agreement and the DPA). You grant us the licenses described in §5. Any feedback, ideas, or suggestions you give us about the Service we may use and exploit freely on a perpetual, worldwide, royalty-free basis, with no obligation or compensation to you. Customer reference (opt-out). We may identify you and your brokerage as a Senvista customer and use your name and logo in our marketing and on our website; if you would rather we not, email support@candid.realestate and we will stop using them going forward.
9. Disclaimers — no guaranteed outcome
THE SERVICE AND REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. Reports reflect directional visitor sentiment and are not an appraisal, valuation, or legal, financial, or professional advice. We do not guarantee any particular number of sign-ins, responses, leads, listings won, listings sold, sale price, or business outcome. You remain responsible for your professional judgment and advice to your clients. Senvista is a neutral sign-in and feedback tool; it is not a real estate brokerage, is not a party to any agency relationship between you and any consumer, and provides no agency, legal, or compliance advice. Senvista does not guarantee and is not responsible for your compliance with disclosure obligations.
9A. Visitor-supplied information — accuracy not guaranteed
Contact details and feedback in the Service are supplied voluntarily by open-house visitors, who are third parties we do not control. We design the sign-in and feedback experience to encourage accurate contact information and candid, useful feedback, and we apply the anonymity and filtering safeguards described in these terms.
Validation we perform. We apply automated checks to contact details at or after entry — for example, confirming that an email address is correctly formed and that its domain is configured to receive mail — and we may flag or exclude records that fail those checks. Where the Service presents a contact as "verified," "deliverable," or similar, that indicates only that the address appeared capable of receiving mail at the time it was checked. It is not a representation about the person.
What validation does not establish. No check can confirm that a contact detail is genuinely the visitor's own, that it remains valid or monitored after it was checked, or that the visitor will read, answer, or respond to any message. Accordingly, we do not warrant that any visitor's name, email, phone number, or other detail is accurate, current, complete, or genuinely their own, or that any visitor will sign in at all, answer any question, answer truthfully, or leave feedback of any particular quality, length, or usefulness. Visitors may decline to participate, may skip fields, and may enter false or incomplete information despite our efforts and despite passing validation. Senvista does not guarantee the authenticity, ongoing deliverability, responsiveness, or commercial value of any lead, contact record, response, or report, and is not liable for any decision you or your clients make in reliance on visitor-supplied information. You remain responsible for independently confirming any contact before relying on it, and for complying with applicable law when contacting visitors.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You will defend and indemnify us from third-party claims arising out of: your communications with Visitors; your violation of law (including TCPA, DNC, CAN-SPAM, CIPA, or fair housing); your misuse of Visitor Data; or your breach of this Agreement.
12. Confidentiality
Each party will protect the other's non-public information and use it only to perform under this Agreement.
13. Term & termination
This Agreement runs while your account is active, including on the Free plan. Either party may terminate as provided here; we may suspend or terminate for non-payment or material breach. On termination, your license ends; we will handle remaining data per the DPA and our retention schedule. Sections that by nature survive (e.g., 8–11, 14) survive termination.
14. Governing law & disputes
This Agreement is governed by California law, without regard to its conflict-of-laws rules.
Dispute resolution; binding arbitration; class-action waiver. Please read this carefully — it affects your legal rights, including your right to sue in court and to a jury trial.
- Informal resolution first. Before starting arbitration, you and SENVISTA LLC agree to try to resolve any dispute informally for at least 60 days. Send a written notice describing the dispute and the relief sought to support@candid.realestate or 41 Wheeler Ave. #660863, Arcadia, CA 91066. If it isn't resolved within 60 days, either party may begin arbitration.
- Agreement to arbitrate. Except for the carve-outs below, you and SENVISTA LLC agree that any dispute arising out of or relating to this Agreement or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial rules then in effect, rather than in court. The Federal Arbitration Act governs this section.
- Class-action and jury waiver. You and SENVISTA LLC may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding. Both parties waive any right to a jury trial.
- Carve-outs. Either party may (a) bring a qualifying individual claim in small-claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information.
- Procedure. Arbitration will take place in Los Angeles County, California, or by video/phone where permitted, and may proceed on documents alone for smaller claims. The award may be entered as a judgment in any court of competent jurisdiction. Filing and arbitrator fees are allocated between the parties under the AAA Commercial rules, and the arbitrator may award the prevailing party its share of those fees to the extent those rules permit.
- 30-day opt-out. You may opt out of this arbitration and class-waiver section within 30 days of first accepting this Agreement by emailing support@candid.realestate with your name, account, and a clear statement that you opt out. Opting out won't affect the rest of the Agreement.
- Severability. If the class-action waiver is found unenforceable for a particular claim, that claim proceeds in court while the rest of this section still applies. If the entire arbitration section is unenforceable, disputes will be resolved in the state or federal courts located in Los Angeles County, California.
- Future changes. If we materially change this section, you may reject the change by notifying us within 30 days, and the most recent prior version will apply.
15. General
We may modify this Agreement with notice; continued use after the effective date constitutes acceptance. You may not assign without our consent; we may assign in a merger or sale. Notices to support@candid.realestate / 41 Wheeler Ave. #660863, Arcadia, CA 91066. If any provision is unenforceable, the rest remains in effect. This Agreement, the DPA, and referenced policies are the entire agreement between us. Neither party is liable for delays or failures caused by events beyond its reasonable control (including outages, third-party-service failures, or acts of God). Our failure to enforce any provision is not a waiver of that or any other provision. This Agreement creates no third-party beneficiaries.
Subscriber acknowledgment: By creating an account or subscribing you confirm you have read and agree to this Agreement, including the automatic-renewal terms (§4) and your compliance obligations (§6).
Separate from the visitor Privacy Policy and Terms of Use.