These Terms of Service ("Agreement") govern your access to and use of Dealster ("Dealster", "we", "us", or "the Platform"). This Agreement applies specifically to licensed real estate brokerages, brokers of record, sales representatives, real estate agents, and authorized transaction coordinators (collectively, "Subscriber", "Brokerage", "Agent", or "you").
1. Eligibility & Real Estate Licensing
By accessing or utilizing Dealster, you represent and warrant that you are an actively licensed real estate broker, broker of record, or sales representative in good standing with your governing jurisdiction (such as the Real Estate Council of Ontario (RECO), provincial licensing authority, or state real estate commission), or an authorized administrative staff member operating under the direct supervisory authority of a licensed brokerage.
You agree to maintain all mandatory professional licenses and errors and omissions (E&O) insurance throughout your subscription term.
2. SaaS License & Authorized Use
Subject to your subscription agreement and timely payment of applicable fees, Dealster grants you a non-exclusive, non-transferable, revocable license to access and use the Platform solely for professional real estate brokerage, transaction management, document conveyance, and compliance operations.
You shall not: (a) sub-license, resell, or distribute the Platform to third parties; (b) reverse engineer, decompile, or extract source code; (c) attempt to circumvent access controls or tenant isolation safeguards; or (d) use the Platform for any purpose outside legitimate real estate transactions.
3. Broker of Record Supervisory Duties & File Custody
Pursuant to applicable real estate legislation (including Ontario's Trust in Real Estate Services Act, 2020), the Broker of Record retains ultimate statutory accountability for the management of the brokerage, including the supervisory review of all trade records, representation agreements, client verifications, and trust deposits.
Dealster structures account ownership at the Brokerage level. In the event an individual sales representative leaves the Brokerage or transfers their license to another firm, all transaction records, trade sheets, deposit documents, and client files completed during their tenure remain the legal property and statutory custody of the originating Brokerage.
4. Ownership of Brokerage Data & Client Files
Your Brokerage exclusively owns all client transaction files, agreements of purchase and sale, representation agreements, MLS data, client contact records, photographs, and trade worksheets uploaded to or processed through Dealster ("Brokerage Data").
You grant Dealster a limited, non-exclusive license to host, parse, index, and transmit Brokerage Data solely as necessary to provide platform features, execute your instructions, and fulfill regulatory compliance requirements. Dealster does not sell, market, or commercialize your client information.
5. Electronic Signatures & Document Processing
Dealster provides document preparation, page organization, client-side PDF redaction, and electronic signature stamping capabilities engineered to align with the Electronic Commerce Act, 2000 (Ontario), the Uniform Electronic Commerce Act of Canada, and the US ESIGN Act.
The Brokerage and Agent are solely responsible for ensuring that all parties have consented to electronic execution and that specific instruments are legally eligible for electronic signature in your governing jurisdiction. Dealster provides digital certificate hashing and timestamps but does not act as a guarantor, witness, or legal party to your agreements.
6. Disclaimer: No Legal, Brokerage, or Title Advice
Dealster is a software provider and is not a law firm, conveyancing solicitor, title insurer, or real estate brokerage. The Platform provides tools to organize, parse, and store transaction files. Nothing in the Platform constitutes legal advice, title search verification, or financial underwriting. All agreements, standard clauses, and AcroForms should be reviewed by qualified legal counsel licensed in your jurisdiction.
7. FINTRAC & Anti-Money Laundering (AML) Compliance
Under the Canadian Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), the Brokerage and its licensed sales representatives are reporting entities with mandatory obligations to identify clients, verify corporate beneficial ownership, screen for Politically Exposed Persons (PEP), and report suspicious transactions.
Dealster provides digital worksheets to facilitate record-keeping, but does not act as a reporting entity and does not submit filings to FINTRAC on your behalf. The Broker of Record and Agent remain solely responsible for the authenticity of identity verifications and full regulatory AML compliance.
8. Artificial Intelligence & Form Extraction
Where enabled, Dealster provides AI-assisted contract parsing, field extraction (such as OREA Form 100 auto-population), and transaction summarization. These capabilities are advisory aids only.
The licensed Agent must independently verify all extracted names, legal descriptions, purchase prices, deposit dates, and irrevocable clauses before delivering documents to counterparties or legal counsel. Dealster disclaims all liability for errors, omissions, or delays resulting from unverified AI extractions.
9. Deposit Deadlines & Milestone Alerts
Real estate contracts routinely make time of the essence. While Dealster provides deposit countdown timers, condition waiver alarms, and calendar sync features, delivery of notifications may be subject to network or device interruptions. The Brokerage and Agent remain strictly responsible for monitoring all statutory deposit receipt deadlines and conditional period expiries.
10. Trade Records, Trust Accounting & Commission Splits
Commission split calculations, co-operating broker disbursements, and trust ledger balances within Dealster are generated based on user-entered parameters. The Brokerage must perform independent accounting reviews before releasing funds from statutory real estate trust accounts.
11. Fees, Subscriptions & Seat Licensing
Subscriptions are billed in advance on a recurring monthly or annual basis based on designated agent seats and storage tiers. All fees are exclusive of applicable sales taxes (such as Canadian HST/GST). If payments are overdue by more than fifteen (15) days, Dealster reserves the right to suspend platform access while preserving records as required by law.
12. Term, Termination & 7-Year Statutory Data Export
Either party may terminate a subscription with thirty (30) days written notice prior to renewal. Upon termination, Dealster provides a thirty (30) day export window allowing the Broker of Record to download complete archives of all transaction files, audit trails, and trade sheets to satisfy mandatory statutory 7-year retention requirements under RECO and FINTRAC rules.
13. Disclaimer of Warranties & Limitation of Liability
DEALSTER IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR REAL ESTATE PURPOSE, OR UNINTERRUPTED AVAILABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALSTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES—INCLUDING LOSS OF COMMISSIONS, FAILED REAL ESTATE TRANSACTIONS, DEPOSIT FORFEITURES, OR REGULATORY PENALTIES. DEALSTER'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOUR BROKERAGE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
14. Indemnification
The Brokerage agrees to indemnify and hold harmless Dealster, its officers, and employees from any third-party claims, damages, liabilities, and legal costs arising from: (a) real estate transaction disputes between buyers, sellers, or co-operating brokerages; (b) negligence, errors, or regulatory violations committed by your affiliated agents; or (c) compromise of user credentials under your control.
15. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising under this Agreement shall be resolved through confidential mediation in Toronto, Ontario, and if unresolved, by binding arbitration under the Arbitration Act, 1991 (Ontario).
16. Contact & Legal Notices
All official legal notices and inquiries regarding these Terms of Service should be addressed to: