Terms of Service
Terms of Service and Agent Platform Agreement
DRAFT — NOT FOR LEGAL RELIANCE. This document is a draft pending review by a qualified Philippine lawyer. Bracketed items are placeholders the operator still has to confirm.
These Terms govern your use of PrivateAgentLeads. Please read them carefully. By creating an account and accepting the Data Agreement, you agree to them.
1. Who we are
PrivateAgentLeads is operated by [Full Name], [Address], [City], Philippines (DTI/SEC: registration in process). In these Terms, "we" and "us" mean the operator, and "you" means the agent using the service.
2. What the service is
PrivateAgentLeads is a software workspace that helps real estate agents organize clients and leads, projects, presentations, viewings and follow-ups. It is a tool only. We do not guarantee sales, commissions, lead exclusivity, business results or uninterrupted availability.
3. Accounts and eligibility
The service is intended for licensed or otherwise authorized real estate practitioners and their authorized staff. New accounts are reviewed and approved by an administrator before use.
You are responsible for keeping your account information accurate, keeping your credentials secret, securing your devices, and telling us promptly if you suspect unauthorized access. You must not share accounts, impersonate others, get around access controls, or try to access another agent's data.
4. Acceptable use
You must not use the service to send spam, to market to people unlawfully, for any unlawful purpose, or to upload information you have no right to store. You must not interfere with the service, probe it for vulnerabilities without permission, or copy it.
5. Your client and lead data
As between you and us, you keep the rights and interests you lawfully hold in your own client relationships, lead records and business information. Using the service does not transfer them to us. This does not mean you own your clients' personal data in an absolute sense; your clients keep their rights under the Data Privacy Act.
You are responsible for collecting and entering lead information lawfully, giving your clients any required privacy notice, obtaining consent where needed, keeping the data accurate, and responding to your clients' requests to access, correct or delete their data.
6. Separation of agents' data
The service is designed to keep each agent's lead records separate through database access controls. We test these controls, but no system can guarantee perfect isolation.
7. Our technical access and how it is limited
The operator can technically access records stored in the service — for example through database administration tools, privileged server processes, hosting infrastructure and backups. Technical ability is not permission to use your information freely.
We will access identifiable lead information only when it is necessary and proportionate for: support you request; maintaining, securing and operating the service; investigating suspected unauthorized access, fraud, abuse or security incidents; backups, recovery and integrity checks; or legal obligations and legal claims. We use the minimum data needed. Access made through the app's admin tools is logged and shown to you under Support access history.
We will not use your identifiable leads to compete with you, to solicit your clients for any separate business, to pass them to another agent, to build marketing lists, or to sell or trade them.
8. Price
The service is free during beta. If that changes, we will give you clear advance notice and you will not be charged without agreeing.
9. Intellectual property
We own the software, design and branding of the service. Project materials shown in presentations belong to their respective owners and are provided for your authorized professional use only. You keep ownership of content you enter.
10. Availability and security
We take reasonable technical and organizational measures to protect the service, but no internet service can guarantee that unauthorized access, failure or data loss will never happen. This does not reduce any security obligation we have under the law.
11. Limitation of liability
To the extent Philippine law allows, we are not liable for indirect or consequential losses such as lost commissions or profits. Nothing in these Terms limits liability for fraud, gross negligence, intentional misconduct, unlawful processing of personal data, or any liability that cannot be limited by law.
12. Indemnity
You agree to cover our reasonable losses arising from claims caused by your own breach of these Terms or by unlawful data you upload or unlawful use you make of the service. This does not apply to losses caused by our own breach or misconduct. This clause is subject to legal review.
13. Suspension and termination
We may suspend or close an account for security threats, abuse, unauthorized access, fraud or a material breach of these Terms, and we will tell you why unless the law or an investigation prevents it.
You may delete your account at any time from the Account page; you can export your data first. Deletion removes your account and leads promptly, except minimal records described in the Privacy Policy and copies in backups, which are retained by our hosting provider for a limited period.
14. Complaints
You can report suspected misuse, unauthorized access or a confidentiality concern through the Contact page. We will acknowledge it, investigate fairly, preserve relevant records and tell you the outcome. Nothing here limits your right to complain to the National Privacy Commission, the police, the courts or any other authority.
15. Changes to these Terms
We will announce material changes in advance. Where your agreement is required, you will be asked to accept the new version before continuing; silence is not treated as acceptance.
16. Governing law
These Terms are governed by the laws of the Republic of the Philippines. Disputes go to the competent courts of [City], without affecting any right you have to approach a regulator.
17. Contact
Questions about these Terms: [email] or the Contact page.