The Selling Table — Terms of Service (DRAFT)
**Version:** 2026-06-29
**Status:** DRAFT — for attorney review. Pre-filled from client proposed positions.
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1. Agreement
By creating an organization account or clicking to accept these Terms, you agree on behalf of your company, brokerage, or organization ("**Tenant**," "**you**"). If you sign up on behalf of an entity, you represent that you have authority to bind that entity.
2. The Service
The Selling Table provides software for real estate document intake, coordination, PDF generation, and electronic signature workflows. The platform is a **technology tool**, not a law firm, brokerage, title company, title insurer, or escrow agent.
3. No Legal or Brokerage Services
- The platform does not provide legal advice, title insurance, brokerage representation, or escrow services.
- Tenant is solely responsible for compliance with applicable law, licensing rules, agency disclosure, and use of board- or state-approved forms.
- Tenant is solely responsible for the legal adequacy and use of documents presented to buyers, sellers, and other parties.
4. Account & Authorized Users
- Tenant admin represents they have authority to bind the organization.
- Tenant is responsible for all users it invites and all activity under its account.
5. Subscription & Billing
- Fees per selected plan; subscriptions auto-renew through Stripe until cancelled in the billing portal or by written notice to support.
- **Monthly plans:** cancel anytime; access continues through the paid period.
- **Annual plans:** no pro-rata refund after fourteen (14) days from initial signup or renewal, except where required by law.
- **Price changes:** we will email notice at least thirty (30) days before a price increase takes effect at renewal; Tenant may cancel before the increase applies.
- Taxes, failed payment handling, and chargeback rules follow Stripe and applicable law.
6. Acceptable Use
The Acceptable Use Policy is incorporated by reference.
7. Data & Privacy
The Privacy Policy and Data Processing Addendum are incorporated by reference. Tenant is the controller for end-customer transaction data; the platform is the processor for that data.
8. Intellectual Property
Platform IP remains with the operator. Tenant grants a limited license to display Tenant branding (logo, colors, agency name) as configured in the service.
9. Disclaimers
THE SERVICE IS PROVIDED "**AS IS**" AND "**AS AVAILABLE**," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY TENANT TO THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This cap does not apply to: (a) Tenant's payment obligations; (b) either party's indemnification obligations; (c) willful misconduct or fraud; (d) breaches of confidentiality obligations where uncapped liability is customary. Either party may seek injunctive relief for misuse of intellectual property without regard to the cap.
11. Indemnification
**Tenant** will defend, indemnify, and hold harmless the platform and its affiliates, officers, and employees from claims arising out of: (i) Tenant's consumer-facing documents, representations, and communications; (ii) Tenant's violation of law or professional licensing rules; (iii) Tenant's misuse of the service; (iv) content Tenant uploads (including custom relationship acknowledgment PDFs and email attachments).
**Platform** will defend Tenant against third-party claims that the platform technology infringes a U.S. intellectual property right, subject to standard exclusions (misuse, combinations, modifications not supplied by platform).
12. Termination
Either party may terminate per subscription terms. On termination, Tenant may export data during any published retention/export window. Sections that by nature should survive (Indemnification, Limitation of Liability, Governing Law, Dispute Resolution, Intellectual Property, Confidentiality, accrued payment obligations, and dispute-related records) survive termination.
13. Governing Law & Disputes
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law rules. Exclusive venue lies in the state or federal courts located in Marion County, Indiana. Each party submits to personal jurisdiction there.
Disputes between **buyers/sellers and Tenant** regarding transaction documents are between those parties and Tenant—not the platform.
14. Changes
We may update these Terms. **Material changes** (pricing model, indemnity, liability, data use, new subprocessors processing Tenant customer PII, or new obligations on Tenant regarding consumer data) require re-acceptance in the product before continued use. Non-material changes (contact updates, clarifications, typo fixes) may be posted without re-acceptance.
15. Contact
Legal notices: legal@thesellingtable.com
Support: support@thesellingtable.com