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Brick & Yield Platform Terms of Service

Version 1.1.0 · Effective April 28, 2026

Brick & Yield Platform Terms of Service

Version 1.1.0

Effective Date: April 28, 2026

This Platform Terms of Service (“Agreement”) is a legal contract between you (“User,” “you,” or “your”) and Brick & Yield LLC (“Brick & Yield,” “we,” “us,” or “our”). By clicking “I Accept” or by accessing or using the Brick & Yield platform, you agree to be bound by the terms and conditions of this Agreement.

If you do not agree to these terms, you may not access or use the platform.

1. Definitions

“Platform” means the Brick & Yield software application, website, and related services accessible at brickandyield.app and admin.brickandyield.app, including iOS and Android mobile applications operated by Brick & Yield.

“MLS Data” means real estate listing data, property information, media, and related content provided through a Multiple Listing Service (“MLS”) via data feed, API, or other authorized means.

“IDX” means Internet Data Exchange, the system and policies governing the display of MLS listing data on internet-based platforms.

“IDX Data” means MLS Data limited to the data fields approved by the applicable MLS for IDX display, as those fields may be updated by the applicable MLS from time to time.

“Organization” means the brokerage entity registered on the Platform with which you are associated.

“Principal Broker” means the broker designated as the managing broker for an Organization on the Platform. The Principal Broker has elevated permissions, including the ability to approve or deny agent access.

“Client Report” means a report Brick & Yield is required to submit periodically to one or more applicable MLSes identifying agents, brokers, and end users of the Platform, pursuant to Brick & Yield’s vendor or licensing agreements with such MLSes.

2. Eligibility and Authorization

2.1. MLS Membership Required. You must be an active member in good standing of a Multiple Listing Service participating with Brick & Yield to access MLS Data through the Platform. Your access to MLS Data is contingent upon your continued active membership status with the applicable MLS. If your MLS membership lapses, is suspended, or is terminated, your access to MLS Data through the Platform will be automatically revoked.

2.2. Valid Real Estate License. You represent and warrant that you hold a valid, active real estate license issued by the appropriate state regulatory authority for your jurisdiction. You agree to promptly notify Brick & Yield if your license status changes.

2.3. Broker Authorization. If you are an agent, your access to the Platform may require authorization from your Principal Broker. Your Principal Broker may revoke this authorization at any time, which may result in the suspension of your Platform access.

2.4. Accurate Information. You agree to provide accurate, current, and complete information during registration, including your legal name, MLS User ID, license number, office affiliation, and contact information. You agree to update this information promptly if it changes.

2.5. Brokerage Affiliation Verification. You represent and warrant that the brokerage affiliation, license, MLS user ID, and MLS membership information you provide is accurate as recorded with the applicable MLS and any other applicable regulatory body. You authorize Brick & Yield to verify this information against the applicable MLS roster and other authoritative sources at any time, and to suspend or revoke your Platform access if any of that information becomes inaccurate or out of date.

2.6. Broker Notification. If you are an agent, you acknowledge and consent to Brick & Yield notifying your Principal Broker by email of your registration on the Platform, including your name and account status, and providing your Principal Broker with the ability to revoke your authorization to access the Platform. This notification serves as part of Brick & Yield’s compliance with applicable MLS rules and your Principal Broker’s right of control over your IDX activity.

3. Account and Security

3.1. Account Responsibility. 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 Brick & Yield immediately of any unauthorized use of your account.

3.2. One Account Per Person. Each user may maintain only one account on the Platform. Sharing account credentials with any other person is prohibited.

3.3. Access Controls. Brick & Yield maintains access control systems that may restrict your use of the Platform based on your MLS membership status, broker authorization status, and subscription status. You agree not to circumvent, disable, or interfere with these access controls.

4. Subscription Plans and Payment

4.1. Subscription Plans. The Platform offers both free and paid subscription plans. Free plans provide limited, read-only access to certain Platform features. Paid plans provide full access to Platform features, including write and management capabilities. The specific features available under each plan are described on the Platform.

4.2. Billing. Paid subscription fees are billed on a recurring basis (monthly or annually, as selected). You authorize Brick & Yield to charge your designated payment method for all applicable fees.

4.3. Plan Changes. You may upgrade or downgrade your subscription plan at any time. If your paid subscription lapses or payment fails, your access will revert to the free plan or be suspended, depending on your role and the features affected.

4.4. No Refunds. Subscription fees are non-refundable except as required by applicable law or as expressly stated in our refund policy.

5. Principal Broker Responsibilities

5.1. Agent Authorization. If you are designated as the Principal Broker for your Organization, you have the ability to approve or deny agent access requests through the Platform. Agents may not access the Platform on behalf of your Organization until you have approved their access.

5.2. Organization Management. As Principal Broker, you may manage your Organization’s settings, including organization name and branding, through the Platform.

5.3. Agent Oversight. You acknowledge that, as a licensed broker, you have supervisory responsibilities over the agents affiliated with your Organization under applicable state real estate licensing law. Your approval of an agent’s access to the Platform does not transfer your supervisory obligations to Brick & Yield.

5.4. Revocation of Access. You may revoke an agent’s access to the Platform at any time by toggling their authorization status in the Platform or by sending written notice (including email to admin@brickandyield.co). Revocation takes effect within one (1) business day of receipt.

6. MLS Data Usage and IDX Compliance

6.1. Authorized Use. You may use MLS Data accessed through the Platform solely for the purpose of conducting licensed real estate activities on behalf of your clients. You may not use MLS Data for any purpose unrelated to real estate brokerage services.

6.2. MLS Rules and Regulations. You acknowledge that your use of MLS Data through the Platform is subject to the rules, regulations, and policies of the applicable MLS through which you access data. You agree to comply with all applicable MLS and IDX rules, including those governing data display, attribution, and consumer disclosure.

6.3. Prohibited Uses of MLS Data. You shall not:

  • (a) Copy, reproduce, redistribute, retransmit, or publish any MLS Data obtained through the Platform, except as necessary to serve your clients in the ordinary course of real estate brokerage;
  • (b) Use MLS Data to compile, directly or indirectly, a database or collection of listings or listing information, other than in the normal course of business;
  • (c) Display MLS Data on any website, application, or platform other than the Brick & Yield Platform without prior written authorization from Brick & Yield and the applicable MLS;
  • (d) Scrape, harvest, or use automated means to extract MLS Data from the Platform;
  • (e) Share MLS Data access credentials or provide access to MLS Data to any unlicensed individual, except as permitted by IDX rules for consumer display;
  • (f) Use MLS Data in any manner that violates applicable federal, state, or local laws, including the Fair Housing Act.

6.4. Data Accuracy. While Brick & Yield makes reasonable efforts to ensure the accuracy of MLS Data, you acknowledge that MLS Data is provided by third parties and may contain errors or omissions. You shall not represent MLS Data as guaranteed or warranted as to its accuracy.

6.5. IDX Scope; No VOW Data. The MLS Data made available through the Platform is limited to data fields approved by the applicable MLS for IDX display (“IDX Data”). The Platform does not function as a Virtual Office Website (VOW), and does not provide VOW-tier data, sold listing prices (where designated as confidential by the applicable MLS), or other restricted data fields. You acknowledge that the Platform’s data scope is intentionally limited to IDX-approved fields, and you shall not request, attempt to extract, or rely upon the Platform for data outside that scope.

7. Client Data and Privacy

7.1. Client and Organization Data. In the course of using the Platform, you may collect and manage information about your clients and your organization, including contact information, property preferences, transaction details, and organizational settings. You are responsible for ensuring that your collection and use of this information complies with applicable privacy laws.

7.2. Data Ownership. You retain ownership of your client relationship data and organizational data that you input into the Platform. MLS Data remains the property of the applicable MLS and its participants.

7.3. Data Portability. Upon termination of your account, you may request an export of your client relationship and organizational data. MLS Data will not be included in any data export.

7.4. Privacy Policy. Your use of the Platform is also governed by the Brick & Yield Privacy Policy, which is incorporated herein by reference.

8. Acceptable Use

8.1. You agree not to:

  • (a) Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
  • (b) Interfere with or disrupt the integrity or performance of the Platform;
  • (c) Attempt to gain unauthorized access to any portion of the Platform or its related systems;
  • (d) Use the Platform to transmit any viruses, malware, or other harmful code;
  • (e) Reverse engineer, decompile, or disassemble any portion of the Platform;
  • (f) Use the Platform in any manner that could damage, disable, or impair the Platform or interfere with any other party’s use of the Platform;
  • (g) Use the Platform to engage in any form of discrimination prohibited by the Fair Housing Act or applicable state and local fair housing laws.

9. Intellectual Property

9.1. Platform Ownership. The Platform, including its design, features, functionality, and underlying technology, is the property of Brick & Yield and is protected by intellectual property laws. This Agreement does not grant you any ownership rights in the Platform.

9.2. Limited License. Subject to your compliance with this Agreement, Brick & Yield grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.

9.3. Feedback. If you provide suggestions, ideas, or feedback regarding the Platform, you grant Brick & Yield the right to use such feedback without restriction or compensation.

10. Disclaimers

10.1. “As Is” Basis. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRICK & YIELD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2. No Guarantee of Accuracy. BRICK & YIELD DOES NOT WARRANT THAT MLS DATA IS ACCURATE, COMPLETE, OR CURRENT. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION BEFORE RELYING ON IT IN A REAL ESTATE TRANSACTION.

10.3. Service Availability. BRICK & YIELD DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS TO THE PLATFORM. THE PLATFORM MAY BE UNAVAILABLE DUE TO MAINTENANCE, UPDATES, OR CIRCUMSTANCES BEYOND OUR CONTROL.

11. Limitation of Liability

11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRICK & YIELD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITIES.

11.2. BRICK & YIELD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BRICK & YIELD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE ON A FREE PLAN, THIS AMOUNT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

11.3. MLS Fines and Penalties. You acknowledge that violations of MLS rules and regulations may result in fines, penalties, or suspension imposed by the applicable MLS. Brick & Yield shall not be liable for any fines, penalties, or sanctions imposed on you by any MLS or regulatory body as a result of your actions or omissions.

11.4. Acknowledgment of Risk. You acknowledge that real estate brokerage involves substantial risk and significant potential liability, and that Brick & Yield’s role is limited to providing the Platform. You assume sole responsibility for your real estate activities, including verification of MLS Data accuracy, compliance with all applicable laws, and the supervision (in the case of a Principal Broker) of your affiliated agents.

12. Indemnification

12.1. You agree to indemnify, defend, and hold harmless Brick & Yield, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • (a) Your use of the Platform;
  • (b) Your violation of this Agreement;
  • (c) Your violation of any applicable law, rule, or regulation, including MLS rules and fair housing laws;
  • (d) Your negligence or willful misconduct in connection with your real estate activities;
  • (e) Any dispute between you and your clients, agents, or brokerage arising from use of the Platform.

13. Termination

13.1. By You. You may terminate this Agreement at any time by canceling your subscription (if applicable) and ceasing use of the Platform.

13.2. By Brick & Yield. Brick & Yield may suspend or terminate your access to the Platform at any time, with or without cause, including but not limited to:

  • (a) Violation of this Agreement;
  • (b) Loss of active MLS membership;
  • (c) Loss of active real estate license;
  • (d) Revocation of broker authorization (for agents), including by email to admin@brickandyield.co or any other written notice from a Principal Broker;
  • (e) Non-payment of subscription fees (for paid plan users);
  • (f) Conduct that Brick & Yield reasonably believes may expose the Platform, its users, or MLS Data to risk.

13.3. Effect on Organization. If your access is terminated and you are the Principal Broker for an Organization, agents affiliated with your Organization may also lose access to the Platform until a new Principal Broker is designated or the issue is resolved.

13.4. Survival. Upon termination, your right to access the Platform ceases immediately. You must cease all use of MLS Data obtained through the Platform. Sections 7 (Client Data and Privacy), 9 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and this Section 13.4 shall survive termination.

13.5. Automatic Suspension or Revocation. In addition to the foregoing, your access to the Platform will be automatically suspended or revoked, without further notice, upon any of the following events:

  • (a) Termination, suspension, or lapse of your active membership or subscriber status with the applicable MLS;
  • (b) Termination, suspension, or lapse of your real estate license;
  • (c) A change in your brokerage affiliation as reflected in the applicable MLS roster, until your access is re-verified under your new affiliation;
  • (d) For agents, revocation of broker authorization by your Principal Broker, whether communicated by email, in-platform action, or any other written notice; and
  • (e) Conduct that Brick & Yield reasonably believes may expose the Platform, its users, or MLS Data to risk.

You agree that Brick & Yield is not liable to you for any suspension or revocation pursuant to this Section 13.5.

14. Security and Breach Notification

14.1. Security Practices. Brick & Yield implements commercially reasonable security measures to protect the Platform and MLS Data. You agree to cooperate with Brick & Yield in maintaining platform security, including by promptly reporting any suspected security incidents.

14.2. Breach Notification. In the event of a data breach affecting your information or MLS Data, Brick & Yield will notify you and the applicable MLS in accordance with applicable law and our MLS agreements.

14.3. Your Obligations. You agree to maintain reasonable security practices in connection with your use of the Platform, including using strong passwords, keeping your credentials confidential, and accessing the Platform only from secure devices and networks.

15. Audit and Compliance

15.1. Audit Rights. You acknowledge that participating MLSes have the right to audit IDX participants and their use of MLS Data. Brick & Yield maintains audit trail logs as required by applicable MLS rules. You agree to cooperate with any audit requested by a participating MLS or Brick & Yield.

15.2. Compliance Monitoring. Brick & Yield may monitor your use of the Platform to ensure compliance with this Agreement and applicable MLS IDX rules. You consent to such monitoring as a condition of your use of the Platform.

15.3. MLS Vendor License and Client Reports. You acknowledge that Brick & Yield operates the Platform under one or more vendor or licensing agreements with the applicable MLS, including (where applicable) an Enterprise Vendor License with UtahRealEstate.com (URE). As a condition of these agreements, Brick & Yield is required to periodically submit reports to the applicable MLS identifying agents, brokers, and other end users of the Platform (each, a “Client Report”). By accepting this Agreement, you consent to the inclusion of your identifying information — including your name, real estate license number, MLS user ID, brokerage affiliation, email, and account status — on Client Reports submitted by Brick & Yield to the applicable MLS.

16. Modifications to Agreement

16.1. Brick & Yield reserves the right to modify this Agreement at any time. When we do, we will update the version number and effective date. Material changes will require your re-acceptance before you can continue using the Platform.

16.2. Your continued use of the Platform after being presented with updated terms constitutes acceptance of those terms.

17. General Provisions

17.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

17.2. Dispute Resolution. Any dispute arising out of or related to this Agreement shall be resolved through binding arbitration administered in Salt Lake County, Utah, in accordance with the rules of the American Arbitration Association.

17.3. Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Brick & Yield regarding your use of the Platform.

17.4. Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.5. No Waiver. Brick & Yield’s failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

17.6. Assignment. You may not assign or transfer this Agreement without Brick & Yield’s prior written consent. Brick & Yield may assign this Agreement without restriction.

17.7. Contact Information. For questions regarding this Agreement, contact us at: support@brickandyield.co

By clicking “I Accept,” you acknowledge that you have read, understood, and agree to be bound by this Platform Terms of Service.