Legal Disclaimers and Compliance
Agent Fomo is a technology platform that facilitates connections between real estate agents. Agent Fomo does not take any portion of referral fees and is not a party to any referral agreements between agents. By using Agent Fomo, you acknowledge and agree to the following:
1. No Liability for Compensation Disputes: Agent Fomo cannot be held liable for any
disputes regarding referral compensation, commission splits, or payment between agents.
All financial arrangements are the sole responsibility of the participating agents and their
respective brokerages.
2. Vetting Responsibility: It is the responsibility of each agent to properly vet any agent
they choose to work with, including verifying licenses, credentials, reputation, and
trustworthiness.
3. Referral Agreement Enforcement: Agent Fomo provides tools to generate referral
agreements, but enforcement of those agreements is the sole responsibility of the agents
and their brokerages. Agent Fomo is not responsible for ensuring compliance or payment.
4. Independent Contractor Relationship: All agents using Agent Fomo are independent
contractors. Agent Fomo does not employ, supervise, or control the actions of any agent
on the platform.
5. No Liability for Disputes of Any Kind: Agent Fomo is not responsible for, and cannot
be held liable for, any dispute of any kind that arises within, through, or in connection
with the platform or its software. This includes, without limitation, disputes between
agents, disputes over referrals or referral fees, communications, negotiations, data
accuracy, technical errors, or service interruptions. All such disputes must be resolved
directly between the affected parties.
6. Referral Fees Negotiated Solely Between Agents: All referral fees, referral percentages,
flat fees, and commission splits are negotiated, agreed upon, and enforced solely between
the participating agents and their respective brokerages. Agent Fomo does not set,
recommend, guarantee, collect, hold, distribute, or take any portion of any referral fee,
and is not a party to any referral arrangement or agreement between agents. Any
predictive commission figures shown in the app are estimates for convenience only and
are not binding.
7. Platform Provided “As Is”: Agent Fomo is provided on an “as is” and “as available”
basis, without warranties of any kind, whether express or implied, including but not
limited to implied warranties of merchantability, fitness for a particular purpose, title, and
non-infringement. Agent Fomo does not warrant that the platform will be uninterrupted,
error-free, or secure.
8. Accuracy of Agent Information: Agent Fomo’s database, including agent contact
details, license information, and approximately 3.1 million agent records, is compiled
from various sources and may contain errors, omissions, or outdated information. Agent
Fomo does not guarantee the accuracy, completeness, or current validity of any profile or
data, and users are solely responsible for independently verifying any information before
relying on it.
9. No Guarantee of Results: Agent Fomo makes no guarantee or representation regarding
the number of referrals, connections, transactions, income, or business results any user
may obtain through the platform. Use of Agent Fomo does not guarantee any particular
outcome.
10. Compliance With Referral Fee Laws (RESPA and State Law): Each agent is solely
responsible for ensuring that any referral fee or arrangement complies with all applicable
laws, including the federal Real Estate Settlement Procedures Act (RESPA) and the
referral-fee and licensing laws of every applicable state. Referral fees may generally be
paid only between appropriately licensed parties as permitted by law. Agent Fomo does
not provide legal guidance on the permissibility of any referral fee; it is each agent’s
responsibility to confirm compliance with their broker and applicable regulators.
11. Electronic Signatures and Records: By using in-app referral agreements, users consent
to transact electronically and to the use of electronic signatures and records under the
federal E-SIGN Act and applicable state electronic transactions laws (such as UETA).
Each agent is responsible for reviewing any agreement before signing and for retaining
their own copies.
12. No Legal, Tax, or Financial Advice: Agent Fomo and its content, tools, and templates
do not constitute legal, tax, accounting, or financial advice. Users should consult their
own licensed attorney, broker, and tax professional before entering into any referral
arrangement.
13. Third-Party Conduct and Assumption of Risk: Agent Fomo is not responsible for the
acts, omissions, conduct, or performance of any agent, broker, client, or other third party
on or off the platform. To the fullest extent permitted by law, each user assumes all risk
arising from use of the platform and releases Agent Fomo, its founders, owners, officers,
employees, and affiliates from any and all claims, demands, damages, and liabilities
arising out of or related to use of the platform.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Agent Fomo, its founders,
owners, officers, employees, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to use of the platform, whether based in contract, tort, negligence, strict liability, or any other legal theory, even if advised of the possibility of such damages. Agent Fomo’s total aggregate liability for any claim arising out of or related to the platform shall not exceed the total amount of subscription fees actually paid by the user to Agent Fomo in the twelve (12) months preceding the event giving rise to the claim.
INDEMNIFICATION
Each user agrees to indemnify, defend, and hold harmless Agent Fomo and its founders, owners, officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the user’s use of the platform; (b) any referral, agreement, or transaction the user enters into through or as a result of the platform; (c) the user’s violation of any law, regulation, or third-party right, including RESPA, fair housing, and real estate licensing laws; and (d) any dispute between the user and any other agent, broker, client, or third party.
GOVERNING LAW, DISPUTE RESOLUTION, AND SEVERABILITY
These terms, and any dispute arising out of or relating to Agent Fomo, are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties intend that any dispute between a user and Agent Fomo be resolved exclusively in the state or federal courts located in Tarrant County, Texas (or, if elected by Agent Fomo, through binding arbitration administered under applicable rules). If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified only to the minimum extent necessary to make it enforceable.
COMPLIANCE WITH REAL ESTATE LAWS AND REGULATIONS
Each agent using Agent Fomo must comply with all applicable federal, state, and local real
estate laws and regulations, including but not limited to:
Licensing requirements in their respective state or jurisdiction
Real estate commission and brokerage laws
Fair housing laws and anti-discrimination regulations
Advertising and marketing compliance standards
MLS rules and regulations (where applicable)
Board of Realtors requirements and Code of Ethics
Data privacy and consumer protection laws
By using Agent Fomo, you confirm that:
You hold an active, valid real estate license in good standing
You will comply with all laws, regulations, and professional standards applicable to your
jurisdiction
You will not use the platform for any unlawful, fraudulent, or unethical purposes
You understand that violations of real estate laws or platform policies may result in
removal from Agent Fomo and potential reporting to regulatory authorities
EQUAL HOUSING OPPORTUNITY AND FAIR HOUSING
Agent Fomo supports and complies with the Equal Housing Opportunity policy and the federal Fair Housing Act. Agent Fomo does not discriminate against any person for any reason, including on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity, and does not tolerate discrimination of any kind on its platform. In accordance with the Fair Housing Act, every agent using Agent Fomo is expected to uphold all fair housing and anti-discrimination laws in every interaction, referral, and transaction. Discrimination of any kind will not be tolerated and may result in removal from the platform and reporting to the appropriate authorities.
APP STORE AND GOOGLE PLAY COMPLIANCE
Agent Fomo is committed to meeting all requirements for publication on the Apple App Store and Google Play Store when mobile applications are released. This includes but is not limited to:
Apple App Store Requirements:
Compliance with Apple's App Store Review Guidelines
User privacy protections under Apple's Privacy Policy requirements
Secure payment processing through Apple's approved systems
Accessibility standards compliance
Content and conduct policy adherence
Google Play Store Requirements:
Compliance with Google Play's Developer Program Policies
User data privacy and security protections under Google's policies
Secure payment processing through Google Play Billing (where applicable)
Restricted content policy adherence
Compliance with Families Policy (if applicable)
General Mobile App Compliance:
Data encryption and secure user authentication
Transparent privacy policies and terms of service
Compliance with GDPR, CCPA, and other data privacy regulations
Regular security updates and vulnerability patches
Accurate app descriptions and functionality disclosures
Agent Fomo will maintain ongoing compliance with all app store policies and will update the platform as necessary to meet evolving requirements.
Contact Information
hello@agentfomo.com