Sixy Inc., trading as Realbuildersocial.com

Effective Date: February 21, 2025 | Last Updated: February 21, 2025

 

Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Sixy Inc., trading as Realbuildersocial.com (“Realbuildersocial,” “we,” “us,” or “our”), governing your access to and use of the website at realbuildersocial.com, the application platform at app.realbuilder.com, and all related subdomains, content, features, and services (collectively, the “Service”).

By accessing or using the Service, creating an account, or clicking “I Agree” (or similar), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Service.

 

1. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Be a licensed real estate professional, real estate team, brokerage, or other business user with a legitimate purpose for using a social media content and scheduling platform
• Have the legal authority to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• Comply with the terms of service of any social media platforms you connect to through the Service

 

By using the Service, you represent and warrant that you meet all of the above eligibility requirements. We reserve the right to refuse or terminate access for any user who does not meet these requirements.

 

2. Accounts

2.1 Registration

To access the Platform, you must create an account by providing accurate, complete, and current information. You agree to update your account information promptly if it changes. You are responsible for all activity that occurs under your account.

2.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately at privacy@realbuildersocial.com if you become aware of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized access to your account due to your failure to secure your credentials.

2.3 Account Types

We offer individual, team, and business account options. Features available to you depend on the subscription plan selected. We reserve the right to modify available plans and features at any time with reasonable notice.

 

3. Subscriptions and Billing

3.1 Paid Plans

Access to the Platform features requires a paid subscription. Subscription fees are charged on the billing cycle selected at the time of purchase (monthly or annually). All fees are quoted and charged in the applicable currency and are exclusive of applicable taxes.

3.2 Payment Processing

All payments are processed by Stripe, Inc. By providing your payment information, you authorize us to charge your payment method for all applicable fees. Your payment information is transmitted directly to and stored by Stripe and is subject to Stripe’s privacy policy. We do not store your full credit card details on our servers.

3.3 Renewals and Cancellation

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service until the end of your current billing period. No refunds are issued for partial billing periods, except as required by applicable law.

3.4 Fee Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days’ advance notice of any price increases to existing subscribers by email. Continued use of the Service after a price change takes effect constitutes your agreement to the new price.

3.5 Taxes

You are responsible for all applicable taxes, duties, and levies in your jurisdiction. Where required by law, we will collect and remit applicable sales taxes.

 

4. Acceptable Use

4.1 Permitted Use

You may use the Service solely for your own lawful, internal business purposes as a real estate professional or business, in accordance with these Terms and all applicable laws and regulations.

4.2 Prohibited Conduct

You agree that you will NOT use the Service to:

• Violate any applicable federal, provincial, state, or local law or regulation, including real estate advertising regulations, anti-spam legislation (Canada’s Anti-Spam Legislation, CASL), or consumer protection laws
• Violate the terms of service, developer policies, or community standards of Facebook/Meta, Instagram, LinkedIn, X (Twitter), TikTok, or any other platform connected to the Service
• Post, generate, or distribute content that is defamatory, harassing, threatening, obscene, hateful, discriminatory, or otherwise objectionable
• Infringe the intellectual property rights, privacy rights, or other rights of any third party
• Engage in deceptive advertising practices or publish false or misleading content
• Upload or transmit malware, viruses, or any other malicious code
• Attempt to gain unauthorized access to any portion of the Service or any connected systems
• Scrape, crawl, or extract data from the Service or from social media platforms through the Service except as expressly permitted
• Resell, sublicense, or otherwise provide access to the Service to third parties without our written consent
• Use the Service to build a competing product or service or to benchmark the Service without our consent
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Use the Service for any purpose involving the promotion of illegal activities or harmful content

 

4.3 Content Standards

All content you create, generate, schedule, or publish through the Service must comply with applicable laws and the community standards and advertising policies of each social media platform to which it is published. You are solely responsible for the content you publish through the Service.

 

5. Social Media Platform Integrations

5.1 Authorization

When you connect a social media account (Facebook/Meta, Instagram, LinkedIn, X, TikTok) to the Platform, you grant us permission to access your account and publish content on your behalf, subject to the permissions you authorize through the applicable platform’s OAuth process. You may revoke this authorization at any time through the settings of the relevant social media platform or through your Realbuildersocial account settings.

5.2 Platform Terms Compliance

Your use of the Service is subject to the terms of service, developer policies, and community guidelines of each social media platform you connect to. You are responsible for reviewing and complying with such platform policies. Realbuildersocial is not responsible for any enforcement actions taken against your accounts by any third-party social media platform.

5.3 Platform Availability

We cannot guarantee that the Service will always be compatible with all versions of any social media platform’s API. Social media platforms may change, restrict, or discontinue their APIs at any time, which may affect the functionality of the Service. We are not liable for any such disruptions caused by third-party platforms.

 

6. Intellectual Property

6.1 Our Property

The Service, including its software, code, design, text, graphics, trademarks, logos, and all other content provided by us (collectively, “Our Content”), is owned by Sixy Inc. or its licensors and is protected by Canadian, U.S., and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes as set out in these Terms. No other rights are granted.

6.2 Your Content

You retain ownership of all content you create, upload, or publish through the Service (“Your Content”). By using the Service to generate and publish content, you grant us a limited, non-exclusive, royalty-free license to use, store, reproduce, and transmit Your Content solely to the extent necessary to provide and improve the Service.

6.3 AI-Generated Content

Content generated by the Platform’s AI features is provided as a tool to assist you. You are responsible for reviewing, editing, and approving all AI-generated content before publication. We make no representation or warranty regarding the accuracy, originality, or intellectual property status of AI-generated content.

6.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us an irrevocable, perpetual, royalty-free right to use such feedback without compensation or attribution to you.

 

7. Third-Party Services and Links

The Service integrates with and may contain links to third-party services and websites. These third parties have their own terms of service and privacy policies, and we have no control over their content or practices. Your use of any third-party services is at your own risk. We are not liable for any damages or losses arising from your use of or reliance on any third-party service.

 

8. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not provide legal, financial, or real estate compliance advice. Nothing in the Service or in any content generated by the Service constitutes professional advice of any kind. You are solely responsible for ensuring that your marketing content complies with all applicable real estate advertising regulations and brokerage policies.

 

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIXY INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business, reputation, or goodwill
• Damages arising from your use or inability to use the Service
• Damages arising from unauthorized access to or alteration of your transmissions or data
• Damages arising from the conduct or content of any third party on or through the Service

 

IN ANY CASE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

Some jurisdictions do not allow the limitation of liability for certain types of damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

 

10. Indemnification

You agree to indemnify, defend, and hold harmless Sixy Inc. and its directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service
• Your Content
• Your violation of these Terms or any applicable law
• Your violation of the rights of any third party, including any social media platform’s terms of service
• Any activity on your account, whether or not authorized by you

 

11. Termination

11.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings. Termination does not entitle you to a refund of any prepaid fees.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or the terms of any connected social media platform, or if your account poses a security or legal risk. We may also terminate or suspend the Service in whole or in part at any time for business reasons with reasonable notice.

11.3 Effect of Termination

Upon termination of your account, your right to use the Service will immediately cease. We will handle your data as described in our Privacy Policy and Data Deletion Policy. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive.

 

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are 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.

12.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute is not resolved within 30 days of written notice, either party may pursue resolution through binding arbitration or litigation in the courts of the Province of Ontario, and you hereby consent to the exclusive jurisdiction of such courts.

12.3 Class Action Waiver

To the extent permitted by applicable law, you agree to resolve any disputes with us on an individual basis and waive any right to bring or participate in a class action, collective proceeding, or representative action against us.

 

13. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms will not be considered a waiver of that provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
• Notices: We may send notices to you by email to the address associated with your account. Legal notices to us must be sent to the address in Section 14.
• Force Majeure: We are not liable for any delay or failure to perform our obligations due to causes beyond our reasonable control.

 

14. Contact Us

For questions about these Terms, please contact us:

 

Sixy Inc., o/b/a Realbuildersocial.com

557 Millwood Rd, Toronto, ON, M4S 1K7, Canada

Email: privacy@realbuildersocial.com

Please include “Re: Terms of Use” in the subject line of your correspondence.