Legal
Terms of service
The agreement between Kwestra LLC and the agents, agencies and other people who use prop.forsale.
On this page
The short version
- By using prop.forsale you accept these terms for yourself and for any agency or network you represent.
- You must have the right to publish every listing and photo you add, and it must be accurate and lawful where the property is marketed.
- AI output is a draft. Check it before you publish.
- Paid plans are billed through Stripe. You can cancel at any time; the plan runs to the end of the paid period.
- Used credits are never refunded. The only refund is pro-rata, on a first annual plan purchase cancelled within 14 days, less the value of credits used.
- For the personal information your agency collects through us, your agency is the controller and we are its processor, under our data processing addendum (/dpa).
- These terms are governed by the law of the State of Florida, USA, subject to consumer protection law where you live.
This summary helps you find your way. The full text below is what applies.
1. The agreement
By creating an account or workspace, or by using prop.forsale, you agree to these terms on behalf of yourself and any agency or network you represent. If you do not agree, do not use the service.
- We, us, our
- Kwestra LLC, 14 NE 1st Ave, Ste 1403 #146, Miami, FL 33132, USA, which operates prop.forsale.
- You
- The person using the service, and the agency or network you act for.
- Workspace
- The account an agent, agency or network uses to run its website, listings, enquiries, deal rooms and billing.
- Deal room
- A private space for one transaction, shared by an agent with buyers, sellers, attorneys, originators and other parties.
- Credits
- Units used by metered features such as imports, AI drafting and search. Credits are not money.
2. The service
We provide websites and listing tools for agents, agencies and agency networks, the prop.forsale property portal, listing import from any property web page, optional AI drafting and enhancement, enquiry handling, deal rooms shared with buyers, sellers, attorneys, originators and other parties, newsletters and billing. The service is available worldwide; features differ by plan and region, as described on the pricing page.
Credits are used by metered features (such as imports, AI drafting and search). Credits are not money, cannot be exchanged for cash, and purchased credits that are refunded or charged back are removed from the balance.
AI output is a draft. You are responsible for checking it before you publish it, and for telling readers where local law requires AI-generated content to be labelled.
3. Your account and your content
Keep your sign-in secure and tell us promptly about any unauthorised use. You are responsible for what is done through your account and workspace.
You must have the right to publish every listing, photograph and description you add or import, and the content must be accurate and lawful where the property is marketed, including estate agency and advertising rules (for example a permit or registration number that local rules require on a property advert).
If you invite people to a deal room, you are responsible for inviting the right people and for what you share with them.
4. Your legal duties as an agent or agency
The service gives you tools; the legal duties of your profession stay with you. In particular you are responsible for:
- your own registration or licence as a property practitioner, broker or agent where you work;
- customer due diligence, record keeping and reporting under anti-money-laundering law (for example FICA in South Africa) for the transactions you handle;
- getting the consent your local law requires before you send marketing email, SMS or WhatsApp messages to anyone you add to the service;
- having a lawful basis, and telling people, when you upload their personal information or documents (such as identity documents) to a deal room.
5. Acceptable use
Do not use the service to:
- publish anything false, misleading, discriminatory or unlawful, or that infringes someone else’s rights;
- send spam, or message people who have not agreed to hear from you;
- scrape, overload, probe or break the security of the service or other users’ data;
- upload malware, or personal information you have no right to share.
6. Payment, failed payments and cancellation
Paid plans and credits are billed through Stripe in the currency shown at checkout. If a payment fails, paid features stay available for a short grace period and then pause until payment succeeds. You can cancel at any time; the plan runs to the end of the paid period.
Refunds. Credits that have been used (whether included in a plan, granted or bought in a pack) are never refunded, in money or in credits. If you cancel your first annual plan purchase within 14 days of buying it, we refund the annual fee pro-rata for the days left in that year, less the value of the credits used in those days. Annual renewals are not refunded. Apart from that, payments for plans and credit packs (used or unused) are not refunded, and a monthly plan cancelled part-way runs to the end of the month already paid. To ask for a refund, the workspace owner opens a billing support ticket; refunds are paid through Stripe to the original payment method.
Nothing in this section limits a right to a refund that consumer protection law where you live gives you and that cannot be excluded.
7. Ending the service
An owner can delete the workspace from the admin. The workspace is suspended immediately and permanently deleted, including uploaded files, 30 days later, except records the law requires us to keep (such as deal documents during their retention period). Export your data before then; after deletion it cannot be recovered.
We may suspend or close a workspace that seriously or repeatedly breaches these terms, after notice where the breach can be fixed.
8. Availability and liability
We work to keep the service available but do not guarantee it will be uninterrupted. To the extent the law allows, our liability is limited to the fees you paid in the three months before the claim. Nothing in these terms limits rights you have under consumer protection law that cannot be excluded.
9. Data processing
For personal information your agency collects through the service (enquiries, subscribers, deal rooms and related records), your agency is the responsible party (controller) and we are its operator (processor), under POPIA section 21, GDPR article 28 and similar laws. Our data processing addendum (/dpa) forms part of these terms and sets out what we promise. In short, we will:
- process that information only on your documented instructions (your use of the service) and for no purpose of our own;
- make sure our staff are bound by confidentiality, and protect it with the security measures described in our privacy policy;
- use only the sub-processors listed at /subprocessors, bound by written terms at least as protective, and tell you before adding one so you can object;
- store your documents and photos in the data region you chose, and transfer information across borders only with the safeguards POPIA section 72 and the GDPR require;
- help you respond to data subject requests, including through the workspace export;
- notify you without undue delay of any security compromise affecting it;
- delete it 30 days after your workspace is deleted, save where the law requires us to keep it.
10. Law and changes
These terms are governed by the law of the State of Florida, USA, and the courts there have jurisdiction over any dispute, unless mandatory consumer protection law where you live gives you the right to rely on local law or to bring proceedings locally. We will give notice of material changes by email or in the admin before they take effect.
Our privacy policy (/privacy) and data processing addendum (/dpa) form part of these terms. Questions: privacy@pfs-stage.dev.