Website Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of:

• The website BH Team at www.BHTeam.ca,
• Our real estate tools for home buyers and sellers, including property search, property evaluations, and related content, and
• Our AI-assisted services, including AI chat, AI calls, AI texts, and AI emails

(collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. No Automatic Agency or Client Relationship

Use of our Site, tools, AI features, and communications does not by itself create a client, agency, brokerage, or fiduciary relationship between you and Neil Bayley-Hay Real Estate or any salesperson or broker.

Any such relationship will only be formed if and when you enter into a separate written agreement with a licensed real estate professional, as required under applicable Ontario real estate laws and regulations. Until that time, all information provided through the Services is of a general nature and should not be understood as personalized professional advice or representation.

3. Eligibility

You may use the Services only if you:

• Are at least the age of majority in your province, territory, or state, or have appropriate permission from a parent/guardian where required, and
• Have the legal capacity to enter into a binding agreement.

4. Accounts

If you create an account, you are responsible for:

• Providing accurate and up-to-date information,
• Keeping your login credentials secure and confidential, and
• All activities that occur under your account.

You agree to notify us promptly of any unauthorized access or use of your account.

5. Real Estate Information & Valuations

Property information and related content displayed as part of the Services may be obtained from various sources, including sellers, real estate professionals, listing services, public records, and third-party data providers.

We do not guarantee that:

• Listings are current, available, or accurately described,
• Any property valuations, price estimates, or market information reflect actual market conditions or potential sale prices,
• Any neighbourhood, school, or community information is complete, up to date, or appropriate for your needs.

You are solely responsible for:

• Verifying property details, conditions, measurements, and boundaries,
• Obtaining professional inspections, appraisals, and legal or financial advice,
• Making your own decisions regarding buying, selling, or investing in real estate.

6. AI-Generated Content & No Professional Advice

We use AI technologies to help provide information and respond to inquiries through our Site, calls, texts, and emails. AI-generated content may be incomplete, outdated, or inaccurate and may be based on limited data or assumptions.

Unless we explicitly state otherwise in a separate written agreement:

• AI-generated content and other information provided through the Services do not constitute legal, financial, tax, or professional real estate advice.
• Content is for general informational purposes only and is not tailored to your specific circumstances.
• You should not rely solely on AI-generated content for decisions about buying, selling, financing, or investing in real estate.
• You should always consult suitable professionals (including a licensed real estate professional, lawyer, accountant, and mortgage advisor) before making important real estate or financial decisions.

The Services are not intended for emergency or critical situations. If you face an emergency, contact the appropriate authorities immediately.

7. Use of AI Services & Communications

By using our AI and communication features, you understand and agree that:

• AI may assist or generate responses in chat, emails, text messages, and phone calls.
• Interactions may be recorded or logged as described in our Privacy Policy.
• We may review interactions for quality, training, and compliance.

You agree not to use the Services to:

• Violate any law or regulation,
• Harass, threaten, or harm others,
• Post or transmit defamatory, offensive, or abusive content,
• Spread spam, scams, malware, or fraudulent content,
• Attempt to reverse engineer, overload, or misuse the AI systems or our infrastructure.

We may monitor and restrict access to the Services to prevent abuse and to comply with legal obligations.

8. User Content

"User Content" means any content you provide through the Services, including:

• Messages, prompts, and questions to our AI or support,
• Listing details, photos, and property-related information (if applicable),
• Reviews, comments, or other contributions.

You represent and warrant that:

• You own or have the necessary rights to your User Content,
• Your User Content does not infringe any third party's rights or violate law, and
• Your User Content is accurate to the best of your knowledge when it describes a property or transaction.

You retain ownership of your User Content, but you grant Neil Bayley-Hay Real Estate a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, adapt, publish, and create derivative works from your User Content as necessary to:

• Provide and improve the Services (including training and improving AI systems in accordance with our Privacy Policy),
• Promote and operate our real estate platform, and
• Comply with legal obligations.

We may remove or restrict any User Content that we believe violates these Terms or applicable laws.

9. Fair Housing & Non-Discrimination

We are committed to complying with all applicable human rights and housing laws. You may not use the Services to publish, request, or promote content that discriminates against any person or group on the basis of a protected characteristic under Canadian and Ontario law or other applicable laws, such as:

• Race, colour, ancestry, or place of origin,
• Creed or religion,
• Sex, sexual orientation, gender identity or expression,
• Age, marital status, or family status,
• Disability or other similar protected grounds.

We may remove content and suspend or terminate access to the Services where we believe these laws or our policies have been violated.

10. Intellectual Property

Except for User Content, all content and materials on the Services (including text, graphics, logos, icons, images, and software) are owned by Neil Bayley-Hay Real Estate or our licensors and are protected by copyright, trademark, and other laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Services or content without our express written consent,
• Use our trademarks, logos, or branding without prior written permission,
• Reverse engineer or attempt to extract source code from the Services, except where permitted by law.

11. Acceptable Use

You agree not to:

• Use the Services for any unlawful, harmful, or fraudulent purpose,
• Interfere with or disrupt the operation of the Services or related systems,
• Attempt to gain unauthorized access to any part of the Services or other users' data,
• Use bots, scrapers, or automated methods to access or collect data from the Services in violation of our policies,
• Circumvent any security or authentication measures.

We may suspend or terminate your access to all or part of the Services if we believe you have violated these Terms or applicable law.

12. Third-Party Services & Links

The Services may contain links to or integrate with third-party services, such as real estate boards, lenders, analytics services, messaging providers, or AI platforms. We do not control these third parties and are not responsible for their content, policies, or practices. Use of third-party services is at your own risk and subject to their terms and privacy policies.

13. Disclaimers

To the fullest extent permitted by law:

• The Services are provided on an "AS IS" and "AS AVAILABLE" basis.
• We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free,
• Property information, valuations, or AI-generated content will be accurate, complete, or up to date,
• Any defects or errors will be corrected.

14. AI-Specific Limitation of Liability

To the maximum extent permitted by law, Neil Bayley-Hay Real Estate, its affiliates, officers, employees, and agents will not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages,
• Any loss of profits, revenue, data, or goodwill,

arising out of or related to:

• Your use of or reliance on AI-generated content or automated tools (including AI chat, AI calls, texts, or emails);
• Any inaccuracies, omissions, or delays in property information, valuations, or market data; or
• Any decisions you make based on information provided through the Services.

In any event, our total liability to you for all claims relating to the Services will not exceed the greater of:

• The amount you have paid us, if any, in the three (3) months preceding the event giving rise to the claim, or
• $100 CAD, unless applicable law requires a higher minimum.

Some jurisdictions do not allow certain limitations of liability, and in such cases, parts of this section may not apply.

15. Indemnification

You agree to indemnify and hold harmless Neil Bayley-Hay Real Estate and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Services,
• Your User Content,
• Your violation of these Terms or applicable laws, or
• Your violation of any third-party rights.

16. Termination

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if:

• We believe you have violated these Terms or applicable law,
• We are required to do so for legal or regulatory reasons, or
• We discontinue some or all of the Services.

You may stop using the Services at any time. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will continue to apply.

17. Changes to the Services and Terms

We may modify or discontinue any part of the Services at any time. We may also update these Terms from time to time. When we do, we will update the "Last updated" date at the top and may provide additional notice where required by law.

Your continued use of the Services after changes become effective means you accept the updated Terms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to conflict of law rules.

To the extent permitted by law, any disputes arising out of or relating to these Terms or the Services will be subject to the jurisdiction of the courts located in Ontario, Canada, except where applicable law in another jurisdiction (such as the United States) requires a different forum or additional rights for consumers.

19. Contact

If you have questions about these Terms, please contact: