Terms of Service

Welcome to BlueberRE LLC

These Terms of Service (“Terms”) govern your access to and use of the blueberRE mobile application, platform, website, and related services (collectively, the “Platform”). The Platform is operated by BlueberRE LLC. blueberRE is a technology platform available to active, licensed real estate professionals in the United States and Canada that connects listing agents with host agents for open houses and showings. By accessing or using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.

1. About blueberRE

blueberRE provides a technology platform designed to connect listing agents who need coverage for open houses and showings with host agents who are available to host those open houses and showings. The Platform may provide tools for scheduling, matching, communication, location tracking, status updates, payment facilitation, and related administrative features. blueberRE is a connection platform only; it does not host, conduct, supervise, or participate in any open house, showing, or real estate transaction.

blueberRE is a technology platform only. Unless expressly stated otherwise in writing, blueberRE is not a real estate brokerage, broker, agent, employer, insurer, property manager, emergency service, legal advisor, or fiduciary, and is not a party to any transaction, agreement, or arrangement between users. Users are responsible for complying with all real estate licensing laws, brokerage policies, MLS rules, association and board rules, professional standards, and applicable federal, state, provincial, and local laws.

Nothing in these Terms creates an employer-employee relationship, agency relationship, partnership, joint venture, franchise, brokerage relationship, or fiduciary relationship between blueberRE and any user. Users are and remain independent of blueberRE and of one another. blueberRE does not direct, control, or supervise the manner, means, timing, or performance of any user’s activities, and users are solely responsible for their own conduct. blueberRE does not provide workers’ compensation, unemployment, disability, or any other insurance or employment benefits to any user.

2. Eligibility

You must be at least 18 years old and an active, licensed real estate professional in good standing in the jurisdiction where you operate to use blueberRE. blueberRE is currently available only to real estate professionals in the United States and Canada. By using the Platform, you represent that you hold an active real estate license, that you are authorized by your brokerage or supervising broker to use the Platform where required, that you will comply with applicable real estate licensing laws, brokerage requirements, MLS rules, association and board rules, professional standards, codes of ethics, and other applicable laws, that you have the authority and legal capacity to agree to these Terms, and that all information you provide is accurate.

If you use blueberRE on behalf of a company, brokerage, team, or organization, you represent that you are authorized to bind that entity to these Terms.

3. Real Estate Professional Responsibilities

Users are active licensed real estate professionals and are solely responsible for ensuring their use of blueberRE complies with all applicable federal, state, provincial, and local laws, and with all real estate licensing, brokerage, MLS, association, board, privacy, safety, property access, professional standards, codes of ethics, and other professional rules and requirements.

You agree that you will not use blueberRE to perform any activity you are not legally or professionally authorized to perform. You are responsible for confirming whether you may host, show, access, enter, market, represent, or provide services related to a property.

blueberRE does not verify or guarantee that any user is properly licensed, qualified, insured, authorized, trustworthy, suitable, or approved to perform any real estate-related service unless expressly stated in writing.

blueberRE may manually review a user’s active real estate license status based on information available to it. Any “verified” status or badge means only that blueberRE has performed such a limited manual active-license status review, and does not guarantee a user’s identity, criminal history, insurance, brokerage affiliation, brokerage authority, competence, conduct, suitability, trustworthiness, compliance, or future license status. No verification process is guaranteed to identify every risk or prevent misconduct.

To register, you must provide accurate information, which may include your first and last name, real estate license number and issuing state, email address, phone number, and brokerage name and office address. New accounts are placed in a review status with limited or no functionality until blueberRE manually confirms your active license status and grants access. blueberRE’s verification is limited to reviewing whether a real estate license is active and does not extend to any other qualification. As active licensed professionals, users are generally subject, as part of licensure and professional membership, to requirements that may include fingerprinting, criminal history review, identity verification, background checks, education, or supervision, and many are members of the National Association of REALTORS® or their local or provincial associations and are expected to comply with applicable real estate laws and codes of ethics; however, these requirements are established and administered by licensing authorities, regulators, brokerages, associations, or boards, and blueberRE does not control, perform, or verify those processes. BlueberRE LLC may suspend or remove access if a license is not, or ceases to be, active.

Users should not rely solely on any verification badge or screening process when deciding whether to interact with another user.

4. Insurance

Users are solely responsible for maintaining any insurance they believe appropriate for their activities, including professional liability, errors and omissions insurance, general liability insurance, and automobile insurance where applicable. blueberRE does not provide insurance coverage, workers’ compensation, or any employment benefits for user activities under any circumstances, unless expressly stated in writing.

5. Emergency Situations

The Platform is not an emergency, safety, security, or monitoring service, and location tracking should not be relied upon for personal safety. If a user is in immediate danger or experiences an emergency, they should contact local emergency services (such as 911) immediately. BlueberRE LLC is not responsible for user safety during any open house, showing, or interaction.

6. Payments and Payouts

blueberRE charges a flat platform fee for each hosting, which may be changed by blueberRE at any time in its administrative discretion, with the applicable fee presented at the time of the transaction. Where applicable, listing agents may also add optional tips for host agents. Applicable payment terms will be presented at the time of the request or transaction.

All payments and payouts are processed exclusively through our third-party payment processor, Stripe, and are subject to Stripe’s terms and privacy policy. You agree to provide accurate payment and payout information. BlueberRE LLC is not responsible for delays, errors, fees, account limitations, or actions caused by Stripe or other third-party payment providers.

Any applicable taxes, reporting obligations, licensing obligations, or business expenses related to payments received through blueberRE are the sole responsibility of the user receiving payment.

Cancellations and No-Shows

“On the Way” becomes available only one (1) hour before the scheduled open house or showing time. If a listing agent cancels less than twenty-four (24) hours before a confirmed open house or showing, the listing agent will still be charged and the host agent will be paid. A host agent may cancel at any time before tapping “On the Way,” in which case the listing agent will not be charged.

Disputes

If a dispute arises regarding a cancellation, no-show, payment, refund request, or whether a hosting was completed, users may submit a support ticket to blueberRE. BlueberRE LLC may, in its sole discretion, review the matter, review Platform data related to the support ticket, and take action such as adjusting future payouts or suspending or banning accounts. BlueberRE LLC does not issue refunds. Because payments are processed by Stripe, any refund, reversal, or chargeback must be pursued through Stripe in accordance with its terms or resolved directly between the users involved. BlueberRE LLC is not a party to, and is not responsible for resolving, any payment dispute between users.

Users are solely responsible for confirming appointment details, amounts, property access, schedules, services, taxes, licensing, brokerage compliance, insurance, and any disputes between them. BlueberRE LLC is not a party to, and is not responsible for resolving, any dispute between users.

7. No Guarantee of Results

blueberRE does not guarantee any specific business result, income, lead, transaction, client, showing, listing, open house attendance, safety, or professional outcome, or that any open house or showing will be successfully hosted or completed.

Any examples, descriptions, or marketing materials are provided for general informational purposes only and should not be interpreted as a promise of results.

8. User Conduct

You agree not to use blueberRE to:

• Violate any law, regulation, MLS rule, brokerage policy, or professional standard.
• Misrepresent your identity, license status, qualifications, affiliation, or authority.
• Access a property without proper authorization.
• Harass, threaten, abuse, discriminate against, or harm another person.
• Upload false, misleading, unlawful, or infringing content.
• Interfere with the security, functionality, or availability of the Platform.
• Attempt to reverse engineer, scrape, copy, or exploit the Platform.
• Use the Platform for fraudulent, unsafe, deceptive, or unauthorized purposes.

9. User Content

You may submit or share content through blueberRE, including profile information, messages and texts, appointment and property details, notes, photos, and star ratings (from one to five stars, submitted after a hosting is completed).

You retain ownership of your content, but you grant blueberRE a non-exclusive, worldwide, royalty-free license to use, host, store, display, reproduce, and process your content as necessary to operate and provide the Platform, including to facilitate appointments, communications, property access, photos, status updates, support-ticket review, and star-rating functionality. blueberRE does not use your private messages, property-access information, or appointment photos for advertising or marketing.

You are responsible for the accuracy, legality, and appropriateness of any content you provide.

Property Access and Security Information

Through the Platform, users may share sensitive property-access information, including property addresses, access instructions, lockbox codes, alarm codes, gate codes, security codes, and similar information. You are solely responsible for any information you submit and should not share unnecessary sensitive access or security information. You represent and warrant that you have the authority to share any access or security information you provide and to authorize entry to any property.

BlueberRE LLC is not responsible for unauthorized access, misuse, incorrect codes, property damage, theft, safety incidents, or disputes arising from user-submitted property access or security information, messages, notes, photos, or ratings. Users are responsible for securing, updating, and, where appropriate, changing access codes and for confirming that any person granted access is authorized.

10. Location and Tracking

With your permission, blueberRE collects your device’s location only to match host agents with nearby open houses and showings and to facilitate scheduled hosting appointments through live tracking. blueberRE does not use your location for any other purpose, including safety features, fraud prevention, analytics, customer support, advertising, marketing, or profiling.

During an active hosting, the host agent updates the hosting status within the app. Live location tracking runs only during the active hosting flow, beginning when the host indicates they are on the way and ending when the host marks the hosting complete. During that active tracking period, your live location is shared with, and is visible only to, the listing agent for that appointment in order to facilitate the hosting, and is not made visible to other users, brokerages, vendors, or other third parties. Tracking may continue where necessary even when the app is closed, minimized, running in the background, or otherwise not actively open. Your location is not tracked or shared outside of an active hosting, and is not used for safety features, fraud prevention, analytics, customer support, advertising, marketing, or profiling.

By enabling location permissions and initiating or accepting a hosting, you expressly consent to and acknowledge blueberRE’s collection, use, and sharing of your precise and background location as described above, including the sharing of your live location with the listing agent during active hosting. You may withdraw this consent at any time by disabling location permissions, though doing so may limit or prevent your use of certain features.

The Platform uses third-party location and mapping technology to provide mapping and live-hosting functionality. On both the iOS and Android apps, the app requests precise location while you are using the app, and requests background or “Always” location access when you begin the live-hosting flow so that location updates can continue during active hosting; approximate-only location is not sufficient. This technology also uses motion and activity recognition and may request Motion & Fitness permission on iOS and Physical Activity permission on Android. These motion permissions are used solely to manage location tracking efficiently and conserve battery, and are not used for health, fitness, advertising, or any unrelated purpose.

You can enable or disable location sharing at any time through your device settings or within the app. If location access is disabled, some features may have limited functionality, and you may need to manually enter your location. You are responsible for enabling or disabling location permissions through your device settings.

Location data may not always be accurate, complete, current, or available. blueberRE does not guarantee the accuracy of any tracking or location-based feature.

11. Third-Party Services

BlueberRE LLC may link to or integrate blueberRE with third-party services, including app stores, Stripe and other payment processors, mapping providers, analytics tools, communication services, and other vendors.

BlueberRE LLC is not responsible for third-party websites, apps, services, policies, content, fees, errors, outages, or practices. Your use of third-party services may be governed by separate terms and privacy policies.

App Stores

The Platform is made available through third-party app stores, including the Apple App Store and Google Play. You agree to comply with the applicable app store terms. Apple and Google are not parties to these Terms, are not responsible for the Platform, and provide no warranty for the Platform. To the extent required by an app store’s terms, the applicable app store and its affiliates are third-party beneficiaries of these Terms and may enforce them.

12. Intellectual Property

The blueberRE name, logo, website, app, design, text, graphics, icons, software, and other materials are owned by BlueberRE LLC or its licensors and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from blueberRE materials without prior written permission.

Certain aspects of the Platform may be protected by issued patents and/or pending patent applications.

13. Privacy

Your use of blueberRE is also governed by our Privacy Policy. Please review the Privacy Policy to understand how information may be collected, used, shared, and protected.

California Residents

If you are a California resident, you may have additional rights and be entitled to additional disclosures regarding your personal information, including under the California Consumer Privacy Act, California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), and with respect to browser “Do Not Track” signals. These rights and disclosures are described in our Privacy Policy.

14. Availability and Changes to the Platform

BlueberRE LLC may update, modify, suspend, or discontinue any part of the website, app, or services at any time without notice.

blueberRE does not guarantee that the platform will always be available, secure, uninterrupted, or error-free.

15. Disclaimers

blueberRE is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, BlueberRE LLC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and reliability.

blueberRE does not provide legal, tax, brokerage, insurance, employment, safety, or professional advice. You should consult qualified professionals regarding your specific obligations.

16. Limitation of Liability

To the fullest extent permitted by law, BlueberRE LLC and its owners, officers, employees, contractors, partners, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost business opportunities, property-related claims, personal injury claims, or damages arising from your use of or inability to use blueberRE.

To the fullest extent permitted by law, BlueberRE LLC’s total liability for any claim related to the Platform will not exceed the amount you paid to BlueberRE LLC, if any, during the three months before the claim arose.

17. Indemnification

You agree to defend, indemnify, and hold harmless BlueberRE LLC and its owners, officers, employees, contractors, partners, service providers, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Platform, your violation of these Terms, your violation of applicable laws or professional rules, your content, or your interactions with other users or third parties.

18. Termination

BlueberRE LLC may suspend or terminate your access to the Platform at any time if we believe you have violated these Terms, misused the Platform, or engaged in conduct that may harm BlueberRE LLC, users, clients, properties, or third parties, including in response to user reports, support tickets, or other information available to us.

You may stop using blueberRE at any time.

19. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, except that applicable mandatory federal, state, provincial, or local laws (including those of the user’s jurisdiction) may apply and govern where required.

Subject to the arbitration provision below and unless applicable law requires otherwise, any dispute arising from these Terms or your use of blueberRE will be handled in the state or federal courts located in California, and you consent to the jurisdiction and venue of such courts.

20. Arbitration and Class Action Waiver

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that is not resolved through blueberRE’s support process will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court where eligible.

To the fullest extent permitted by applicable law, you and BlueberRE LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

This arbitration provision and class action waiver are subject to applicable law, and applicable mandatory laws may limit or preclude their enforceability in certain jurisdictions. If any portion of this section is found unenforceable, the remainder will continue to apply to the fullest extent permitted by law.

Informal Resolution; Notice of Dispute

Before initiating arbitration, you and BlueberRE LLC agree to first attempt to resolve any dispute informally for at least thirty (30) days after written notice. Notice to BlueberRE LLC must be sent to connect@blueberre.com and must describe the dispute and the relief sought.

Right to Opt Out

You may opt out of this arbitration provision and class action waiver by sending written notice to connect@blueberre.com within thirty (30) days after first accepting these Terms. Your notice must include your name and the account associated with your use of the Platform. If you opt out, the governing law, venue, and remaining provisions of these Terms will still apply.

Administrator and Rules

Unless applicable law requires otherwise, arbitration will be administered by a recognized arbitration administrator selected by BlueberRE LLC under its rules then in effect, as modified by these Terms. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Venue and Fees

Arbitration will take place in California or, at your election, in your home jurisdiction or by remote proceeding where available. Each party is responsible for its own fees and costs except as required by the applicable arbitration rules or applicable law.

Delegation

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court will decide the enforceability of the class action waiver.

Jury Trial Waiver

To the fullest extent permitted by applicable law, you and BlueberRE LLC waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Platform.

Equitable Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

Survival

This arbitration provision survives termination of these Terms and your use of the Platform.

Mass or Coordinated Arbitrations

If twenty-five (25) or more claimants submit demands for arbitration raising similar claims, and their demands are filed by the same or coordinated counsel, the claims will be resolved in staged batches of up to fifty (50) claimants each. The administrator will randomly assign claims to batches, appoint a single arbitrator for each batch, and resolve each batch in a single proceeding. A limited number of bellwether proceedings may be conducted first to facilitate resolution, and the applicable statute of limitations and any filing-fee obligations will be tolled for claims not yet assigned to a batch. This process is subject to applicable law; if it is found unenforceable as to any claim, that claim will proceed in individual arbitration.

21. Changes to These Terms

BlueberRE LLC may update these Terms from time to time. When we update the Terms, we will revise the “Last updated” date above. Your continued use of blueberRE after changes are posted means you accept the updated Terms.

22. Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy and any terms presented at the time of a transaction, constitute the entire agreement between you and BlueberRE LLC regarding the Platform and supersede all prior or contemporaneous understandings.

Severability

If any provision of these Terms is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver

BlueberRE LLC’s failure to enforce any provision is not a waiver of its right to do so later. Any waiver must be in writing to be effective.

Assignment

You may not assign or transfer these Terms without BlueberRE LLC’s prior written consent. BlueberRE LLC may assign these Terms, in whole or in part, without restriction. These Terms bind and benefit the parties and their permitted successors and assigns.

Notices

BlueberRE LLC may provide notices to you through the Platform, by email, or by other reasonable means. You agree to send notices to BlueberRE LLC at connect@blueberre.com unless another address is specified.

Electronic Communications

You consent to receive communications from BlueberRE LLC electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

Force Majeure

BlueberRE LLC is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, outages, labor disputes, governmental actions, or third-party service failures.

Survival

Any provisions that by their nature should survive termination, including disclaimers, limitations of liability, indemnification, arbitration, and governing law, will survive termination of these Terms.

Headings

Section headings are for convenience only and do not affect interpretation.

23. Contact Us

If you have questions about these Terms, please contact us:

BlueberRE LLC
Email: connect@blueberre.com (general) or support@blueberre.com (privacy requests)
Mailing Address: 30 N Gould St Ste R, Sheridan, Wyoming, 82801