Terms of Service

Legal agreement governing your use of the Kigo platform and services. Please read carefully before using our platform.

Important:

These Terms of Service constitute a legally binding agreement between you and Kigo. Please read them carefully before using our platform. By accessing or using our Services, you agree to be bound by these terms.

Table of Contents

1. Acceptance of Terms 2. Definitions 3. User Accounts and Registration 4. Use of the Platform 5. Property Listings and Information 6. Real Estate Professional Services 7. Intellectual Property Rights 8. User Content and Conduct 9. MLS® and Third-Party Content 10. Financial Calculators and Tools 11. Disclaimer of Warranties 12. Limitation of Liability 13. Indemnification 14. Termination 15. Dispute Resolution 16. Governing Law 17. Changes to Terms 18. General Provisions 19. Contact Information

1. Acceptance of Terms

Welcome to Kigo ("Company," "we," "our," or "us"). These Terms of Service ("Terms," "Agreement") govern your access to and use of our website, mobile applications, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

Binding Agreement:

You must be at least 18 years old to use our Services
You represent that you have the legal capacity to enter into this Agreement
Your use of the Services constitutes acceptance of these Terms
These Terms may be updated from time to time with notice

2. Definitions

For the purposes of these Terms, the following definitions apply:

"Platform"means Kigo's website, mobile applications, and all related services.

"User," "you," or "your"means any person or entity that accesses or uses the Services.

"Listing"means any property listing, including resale homes, pre-construction projects, or commercial properties displayed on the Platform.

"Agent" or "Real Estate Professional"means a licensed real estate agent, broker, or salesperson registered on the Platform.

"MLS®"means the Multiple Listing Service operated by the Canadian Real Estate Association (CREA) and local real estate boards.

"Content"means text, images, videos, data, and other materials available through the Services.

3. User Accounts & Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your password
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

3.2 Account Types

Property Buyer Accounts

For individuals searching for properties, including features like saved searches, favorites, and property alerts.

Agent Accounts

For licensed real estate professionals, requiring verification of credentials and compliance with professional standards.

3.3 Agent Verification

Real estate professionals must provide valid licensing information and maintain good standing with their provincial regulatory body. We reserve the right to verify credentials and suspend or terminate accounts that fail to meet professional standards.

4. Use of the Platform

4.1 Permitted Use

You may use the Services for lawful purposes related to real estate search, research, and transactions, subject to these Terms.

4.2 Prohibited Activities

You agree NOT to:

Scrape, copy, or download property listings or data for commercial purposes

Use automated systems or bots to access the Services

Reverse engineer or attempt to access source code

Violate any applicable laws or regulations

Harass, threaten, or defraud other users or agents

Transmit viruses, malware, or harmful code

5. Property Listings & Information

5.1 Listing Accuracy

Property listings are provided by third parties including MLS® systems, real estate boards, agents, and developers. While we strive to ensure accuracy:

We do not guarantee the accuracy, completeness, or timeliness of listing information
Property details, prices, and availability are subject to change without notice
You should verify all information directly with the listing agent or seller
We are not responsible for errors or omissions in property data

5.2 No Guarantee of Availability

Properties displayed on the Platform may be sold, leased, or removed from the market without immediate update to our system. Listing presence does not guarantee availability.

5.3 Property Valuations

Any property valuations, estimates, or market analyses provided through the Platform are for informational purposes only and should not be relied upon as professional appraisals or financial advice.

6. Real Estate Professional Services

6.1 Independent Contractors

Real estate agents and brokers on the Platform are independent contractors, not employees or agents of Kigo. We do not:

Control the professional conduct of agents
Guarantee the quality of their services
Assume liability for their actions or omissions
Participate in negotiations or transactions between users and agents

6.2 Agent Relationships

When you connect with an agent through the Platform, you are establishing a direct relationship with that professional. Any agreements, representations, or obligations are solely between you and the agent.

6.3 Professional Obligations

Agents using the Platform must comply with all applicable provincial real estate regulations, professional codes of conduct, and licensing requirements. Users should verify agent credentials through their provincial regulatory body.

7. Intellectual Property Rights

7.1 Kigo Intellectual Property

The Services, including all software, design, text, graphics, logos, and trademarks, are owned by Kigo or our licensors and are protected by Canadian and international intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes, subject to these Terms.

7.3 Third-Party Rights

MLS®, REALTOR®, and REALTORS® are trademarks of the Canadian Real Estate Association. Property listings, photos, and descriptions may be subject to copyright and are used with permission.

8. User Content & Conduct

8.1 User-Generated Content

You may submit reviews, comments, questions, and other content ("User Content"). By submitting User Content, you grant Kigo a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content.

8.2 Content Standards

User Content must not:

Contain false, misleading, or defamatory information
Violate intellectual property rights
Include offensive, discriminatory, or inappropriate material
Violate privacy rights or contain personal information of others
Promote illegal activities or violate any laws

8.3 Moderation Rights

We reserve the right to review, edit, or remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

9. MLS® & Third-Party Content

MLS® Usage Notice

Property listings marked with the MLS® logo are provided under license from the Canadian Real Estate Association (CREA) and local real estate boards. This information is the property of CREA and may not be reproduced or redistributed without permission.

9.1 Copyright Notice

Property data including listing information, descriptions, and images are protected by copyright. Unauthorized use, reproduction, or distribution is prohibited.

9.2 Third-Party Links

The Services may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites.

10. Financial Calculators & Tools

Financial Disclaimer:

Our calculators and financial tools provide estimates for illustration purposes only and should not be considered as financial, legal, or tax advice.

10.1 Estimates Only

Mortgage calculators, affordability tools, and other financial calculators provide estimates based on the information you provide. Actual costs, rates, and qualifications may differ.

10.2 Professional Advice Required

You should consult with qualified financial advisors, mortgage brokers, lawyers, and accountants before making any real estate or financial decisions.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, Kigo disclaims all warranties, express or implied, including:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of content
Warranties that the Services will be uninterrupted or error-free
Warranties that defects will be corrected
Warranties regarding the security of data transmission

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Kigo shall not be liable for any indirect, incidental, special, consequential, or punitive damages
This includes damages for lost profits, lost revenue, lost data, or business interruption
Our total liability shall not exceed the amount you paid to Kigo in the 12 months preceding the claim
These limitations apply whether based on warranty, contract, tort, or any other legal theory

12.1 Excluded Damages

We are not liable for damages arising from:

Inaccurate property information or listings
Actions or omissions of real estate agents or third parties
Failed transactions or unsuccessful property purchases
Reliance on calculator estimates or market data
Unauthorized access to your account or data breaches

13. Indemnification

You agree to indemnify, defend, and hold harmless Kigo, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any rights of third parties
Your User Content
Your interactions with real estate professionals or other users

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings. Termination does not affect obligations incurred prior to termination.

14.2 Termination by Kigo

We may suspend or terminate your access to the Services at any time, without notice, for:

Violation of these Terms
Fraudulent or illegal activity
Failure to maintain valid agent credentials (for agent accounts)
Extended inactivity
Any reason at our sole discretion

14.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Provisions regarding intellectual property, disclaimers, limitations of liability, and indemnification survive termination.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any legal proceedings, you agree to contact us to attempt to resolve any disputes informally. We will make a good faith effort to resolve disputes amicably.

15.2 Arbitration

Any disputes that cannot be resolved informally shall be settled by binding arbitration in accordance with the laws of Ontario, Canada. The arbitration shall be conducted in English in Waterloo, Ontario.

15.3 Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as part of any class or representative action.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts located in Waterloo, Ontario for the resolution of any disputes.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

Update the "Last Updated" date at the top of this page
Provide notice through email or prominent notice on the Platform
Provide a summary of significant changes
Request acceptance of new terms where required by law

Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kigo.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

18.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

18.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms at any time.

18.5 No Agency

These Terms do not create any partnership, joint venture, or agency relationship.

18.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

19. Contact Information

If you have questions about these Terms or need to contact us regarding legal matters, please use the following information:

legal@kigo.com

For legal and terms inquiries

Phone

(519) 555-0100

Mon–Fri, 9am–5pm EST

Mailing Address

Kigo Legal Department

123 King Street

Waterloo, ON N2J 1P5

Canada

Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to these Terms, you must discontinue use of the Services immediately.

These Terms were last updated onJanuary 15, 2025and are effective as ofJanuary 15, 2025.