User Terms and Conditions
The following terms and conditions (the “Agreement”) are entered into by you, a licensed real estate agent (“Agent”), and User First Design LLC (ShowHero). This Agreement governs the relationship between you and ShowHero, and outlines the terms of use for ShowHero’s online platform. This includes the ShowHero website (https://showhero.app), any related web applications, software, or other technology-based services (collectively, the “Platform Services”). The Platform Services are designed to enable Agents to add real estate listings, book showings, and engage in interactions such as viewing listings and initiating phone calls through the app for professional purposes related to real estate activities. By using the Platform Services, you agree to these terms, which include, but are not limited to, your responsibilities as an Agent and the scope of interaction permitted through the Platform Services.
Defined Terms: Capitalized terms are defined as indicated in this paragraph or elsewhere in the Agreement:
Agent or User: Refers to a licensed real estate agent who has registered and created an account on the ShowHero platform.
ShowHero: Refers to the company providing the Platform Services as described in this Agreement
Platform Services: Includes the ShowHero website (https://showhero.app), any associated web applications, software, and other technology-based services offered by ShowHero. These services facilitate the addition of real estate listings, booking of showings, and other related interactions.
Listing: A real estate property that an Agent adds to the ShowHero platform, including relevant details such as address, availability, and other necessary information for booking showings.
Showing: A scheduled event where a property listed on the ShowHero platform is viewed by interested parties.
Agreement: The binding contract constituted by these terms and conditions, governing the use of the Platform Services.
Party: Either party to this Agreement, and “Parties” refers collectively to ShowHero and you.
Products: Any products that ShowHero may from time to time market and sell via the Site.
Site: ShowHero’s website at https://showhero.app.
Eligibility and Account Registration
License Requirements: To use the Platform Services, Users must be licensed real estate agents holding an active real estate license in the state(s) where their listings are located. Users affirm their adherence to all relevant state and federal regulations governing real estate practices.
Account Registration Information: During the account registration process, Users are required to provide accurate and current information including their real estate license number, the state where they are licensed, their broker’s license number, and their first and last name. This information is essential for enabling the core functionalities of the Platform Services, such as adding listings and booking showings.
Verification of Information: ShowHero reserves the right to verify the accuracy of the information provided by Users at any time. This may involve cross-referencing provided details with relevant state licensing boards or other authoritative sources. The purpose of this verification is to maintain the integrity and reliability of the Platform Services.
Account Approval: Completion of the registration process and provision of the required information does not guarantee the activation of an account. ShowHero retains the discretion to approve or deny an account based on its verification process and compliance with the terms of this Agreement.
Update of Information: Users are responsible for maintaining the accuracy of their account information. In the event of any change in their licensing status or other relevant details, Users must promptly update their account information on the Platform.
Usage of the App
Add a Listing
Listing Details: To add a listing on ShowHero, Users are required to provide comprehensive details about the property. This includes the precise location address and setting up the availability for showings. It’s imperative that all provided information accurately represents the property.
Photographs and Visuals: Users have the option to upload photographs of the listing. These images should be current and accurately depict the property’s condition and features. Misleading or outdated images are not permitted.
Availability Configuration: Users must configure the availability settings for each listing. This involves setting an automatic end date for the availability and choosing the preferred method for approving showing requests – either manual approval by the User or automatic approval. By choosing automatic approval, Users agree to allow other Users to book appointments for available times without requiring manual confirmation. It’s essential for Users opting for this feature to ensure their listing’s availability is up-to-date to prevent scheduling conflicts.
Legal Authorization and Compliance: Users must possess and verify legal authorization to represent any property they list on ShowHero. This includes adherence to all applicable real estate laws and regulations. False representation or unauthorized listings are strictly prohibited.
Accuracy of Information: It is the responsibility of the User to ensure that all information associated with their listings, including but not limited to, property details, availability, and pricing, is current, complete, and complies with all relevant laws and ethical standards of real estate representation.
Book a Showing
Users may search ShowHero’s database for particular listings of interest by location address. Users may not attempt to circumvent limitations established by the listing’s agent and enforced by ShowHero, such as accessing or booking a listing that has a draft status or is otherwise inactive.
Users select appointment times in advance and in adherence with the listing’s published availability. Appointment slots are 15 minutes long. Users may request an additional 15 minutes at the property showing as long as it does not overlap with another user’s already booked time slot.
Users may cancel their booking at any time.
A listing’s Agent (creator) reserves the right to make any changes to the listing at any time, including changes to its future availability, status, image, and settings. Listing agent reserves the right to deny another user’s request for booking as well as cancel appointments already made that have yet to begin.
Provide Feedback: Agents may provide feedback on (and only on) listings they have successfully booked on ShowHero and successfully shown (completed the showing appointment) in person. Feedback may be in the form of text comment and/or ratings of different aspects of the listing and only as it relates to the listing. Users shall not provide feedback on a showing they did not complete in person.
Deep Link Sharing
Usage of Deep Links: ShowHero provides the functionality of deep links, allowing Users to share direct links to their own profiles and the listings they represent on the platform. These deep links are intended to facilitate easy access and sharing of specific listings or User profiles within ShowHero.
Conditions for Sharing Deep Links: When using deep links, Users must ensure they are shared responsibly and in compliance with all applicable laws and regulations. Deep links must not be used in a manner that misrepresents the content they link to, nor should they be shared in contexts that violate any legal, ethical, or professional standards applicable to real estate practice.
Limitations on Use: Deep links should be used solely for the purpose of promoting or providing information about the User’s listings or professional profile within the confines of ShowHero. Any use of deep links for spamming, unauthorized advertising, or other unapproved purposes is strictly prohibited.
Liability for Misuse: Users are solely responsible for any misuse of deep links, including any legal or professional consequences arising from such misuse. ShowHero reserves the right to disable deep link access or take other appropriate actions if misuse is detected or reported.
User Responsibilities
Accuracy and Legality of Listings and Bookings: Users are required to ensure that all listings and booking information are accurate, current, and legally compliant. This includes keeping property details and availability schedules up to date to reflect the real-time status of each listing, such as promptly updating the calendar in the event of changes. It is also the responsibility of the listing agent to manage their calendar in a manner that prevents overlapping showings (overbooking) for the same property at the same time.
Appointment Bookings: Users must use the booking functionality responsibly. Bookings should be made only with the intent of conducting legitimate showings. Any abuse of the booking system, including but not limited to, making frivolous or speculative bookings, is strictly prohibited. ShowHero reserves the right to monitor booking activities for signs of overbooking and to take appropriate action to maintain the quality and reliability of the booking system.
Users are encouraged to communicate effectively and promptly with other Users who have booked showings to resolve any conflicts or scheduling issues that may arise due to inadvertent overbooking.
Professional Conduct: At all times, Users are expected to maintain a high standard of professional conduct. This includes interactions during showings, communications through the platform, and all forms of engagement with other Users.
Relevance of Feedback: Any feedback or comments provided by Users must be directly relevant to the specific showing and the listing in question. Feedback should be constructive, professional, and free from personal remarks or irrelevant content.
License Verification: ShowHero reserves the right to verify the authenticity of any User’s real estate license at any time. Inaccuracies or misrepresentations may lead to suspension or termination of the User’s account.
Image Authenticity for Listings: All images associated with a listing must be a true and accurate representation of the physical listing at the provided address. Misleading or inaccurate images are not acceptable.
Profile Picture Guidelines: The User’s profile picture must be a recent, recognizable photograph of the User themselves. The use of any other images or representations for the profile picture is not permitted.
Image Content Standards: All images uploaded by Users, whether for listings or profile pictures, must adhere to professional standards. Images must not contain any form of profanity, obscenity, or inappropriate content. The integrity and professionalism of the platform must be maintained at all times.
Intellectual Property Rights
Ownership of Uploaded Images: Users must hold the legal rights to ownership or possess explicit permission to use any images they upload to the ShowHero platform. This applies to all images, including those used in listings and profile pictures. Uploading images without owning the rights or having necessary permissions is strictly prohibited and may result in legal consequences.
User-Generated Content: All content uploaded by Users, including listing details, images, and any other material, remains the intellectual property of the User. However, by uploading this content to ShowHero, Users grant ShowHero a non-exclusive, royalty-free, worldwide license to use, display, modify, reproduce, and distribute the content in connection with the platform’s services. This license is solely for the purpose of operating, promoting, and improving ShowHero, and to develop new services.
ShowHero’s Intellectual Property: All rights, title, and interest in and to the ShowHero platform (excluding content provided by Users) are and will remain the exclusive property of ShowHero. This includes, but is not limited to, any software, technologies, trademarks, service marks, brand elements, and all other intellectual property rights associated with ShowHero and its services.
Prohibited Use: Users are not permitted to use, reproduce, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the ShowHero platform or its services, except as expressly permitted in this Agreement.
Attribution: Users agree to provide accurate attribution for any third-party content used within their listings, as required by the respective intellectual property rights holder.
Reporting Infringements: If Users believe that their intellectual property rights have been infringed upon by another User or through the platform in any other way, they should notify ShowHero promptly for further investigation and potential remedial action.
Privacy and Data Usage
For information regarding the collection, use, and protection of your personal data, please refer to our Privacy Policy, available at https://showhero.app/privacy.
Grounds for Suspension or Termination: ShowHero reserves the right to suspend or terminate a User’s account at its sole discretion. Actions that may lead to suspension or termination include, but are not limited to:
Providing inaccurate or misleading listing information.
Uploading images without proper ownership rights or explicit permission.
Booking showing appointments without the genuine intention of attending.
Repeated failure to attend booked appointments (‘no-shows’).
Providing feedback that is irrelevant, inappropriate, or non-constructive in relation to the listing shown.
Uploading images that contain profane, obscene, or otherwise inappropriate content.
Falsifying or failing to maintain up-to-date and accurate license information.
Users found to be repeatedly engaging in overbooking practices may be subject to account review and potential penalties as outlined in these terms and conditions.
Consequences of Suspension or Termination:
Upon suspension, the User’s access to certain functionalities of the platform may be restricted. Termination will result in the permanent closure of the User’s account and cessation of access to all Platform Services.
Appeal Process: Users have the right to appeal a suspension or termination decision by contacting ShowHero’s support team. The appeal must clearly state the reasons why the User believes the suspension or termination was unjustified. ShowHero will review the appeal and make a final determination at its discretion.
User Obligations Upon Termination: If an account is terminated, the User must cease all use of the ShowHero platform and its services. Any use of the platform after termination will be considered unauthorized.
Changes to Terms and Conditions
Amendments: ShowHero reserves the right to modify or amend these terms and conditions at any time. Any changes will be effective immediately upon posting the revised version on our website, unless otherwise specified.
Notification: While we will endeavor to notify Users of significant changes through the platform or via email, it is the responsibility of the User to regularly review these terms and conditions to stay informed of any updates.
Acceptance: Continued use of the Platform Services following any changes to these terms and conditions constitutes your acceptance of those changes.
Limitation of Liability
Extent of Liability: To the fullest extent permitted by law, ShowHero shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, or inability to access or use the platform; (b) any conduct or content of any third party on the platform; (c) any content obtained from the platform; and (d) unauthorized access, use, or alteration of your transmissions or content.
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Dispute Resolution
Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the State of Georgia, United States, without giving effect to any principles of conflicts of law.
Arbitration: Any dispute arising from or relating to the subject matter of these terms shall be finally settled by arbitration in Georgia, using the English language in accordance with the Arbitration Rules and Procedures of the American Arbitration Association then in effect.
Jurisdiction
For any legal matters arising from these terms and conditions or your use of the Platform Services, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Georgia, United States.
Contact Information
Support and Inquiries: For support or any inquiries regarding these terms and conditions, please email us at support@showhero.app.