Terms and conditions
Introduction
Thank you for choosing PropGen and the suite of features and services we offer to real estate professionals and property seekers (collectively, the "Service"). Our platform is designed to empower real estate agents with tools for listing properties, engaging with potential clients, and benefiting from advertising revenue.
Our Service
PropGen provides a digital marketplace for real estate agents ("Agents"), enabling agents to list properties, showcase them through multimedia content, and interact directly with interested buyers. We support our community with analytics, insights, and educational resources to enhance their real estate transactions. Our Service also includes a unique revenue-sharing model for agents active in promoting their listings and contributing to the community's growth.
Your Service Provider
The Service is provided by PropGen Platform Limited., a corporation organised under the laws of Ireland, with its registered office located at 20 New Bride Street, Dublin 8. Trading from 34 Mount Street Upper Dublin 2. In this document, "PropGen," "we," "us," and "our" refer to PropGen Platform Limited and its affiliated entities.
Applicable Terms
Your access to and use of the Service are governed by this Agreement, which includes these Terms of Service, our Privacy Policy, and any other policy we may reference that applies to your use of our Service. If you engage in advertising or sponsored content on PropGen, additional policies may apply.
Your use of the Service is subject to these Terms of Service ("Terms"), the PropGen Community Guidelines, and the PropGen Privacy Policy (collectively, the "Agreement"). If you provide content to the Service or participate in our Partnership Program, additional terms may apply.
Please read this Agreement carefully to ensure you understand each part. If you do not agree to these terms, you must not use the Service.
Who May Use the Service?
- Age Requirements: You must be at least 18 years old to use the Service.
- Real Estate License: Agents must hold a valid real estate license in their jurisdiction of operation.
- Businesses: If using the Service on behalf of a business, you confirm you have the authority to agree to this Agreement on behalf of that entity, which then accepts these terms.
Your Use of the Service
Content on the Service: PropGen allows Agents to upload listings, images, and other content related to real estate properties. This content is the responsibility of the Agent who posts it. PropGen serves as a platform for hosting and distributing this content but is not responsible for the content.
PropGen hosts a variety of content related to real estate, including listings, virtual tours, user comments, and feedback. You are responsible for the content you provide and must ensure it complies with our policies and applicable laws.
Access Requirements: Certain features of the Service require a PropGen account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.
Your Content and Conduct
Uploading Content: You retain ownership of the content you upload to PropGen but grant us a license to use, distribute, and display this content on our platform and in related promotional activities. You agree not to post content that infringes on the intellectual property rights of others or discriminates against others.
Revenue Sharing from Content Monetisation
The monetisation of Agent Content: By participating in the PropGen platform, you, as an agent, grant PropGen the right to monetise your content (including but not limited to property listings, images, videos, and virtual tours) through various means, including advertising, sponsored content, or any other monetisation channels that PropGen deems appropriate. This includes the right to display such advertisements or sponsored content in conjunction or in association with your content on the platform.
Revenue Sharing Model: In recognition of your contribution to the platform, PropGen commits to sharing revenue generated from the monetisation of your content. The revenue share will be distributed equally among participating agents and PropGen based on our partnership revenue share model. This means that you will receive an equitable share of the net revenue generated from the monetisation efforts directly attributable to your content.
PropGen commits to always sharing revenue with agents. The revenue model is subject to change: PropGen reserves the right to modify the partnership revenue share model at any time. Changes to the model will be by way of agents' vote. PropGen will communicate to you through official PropGen communication channels at least thirty (30) days before any changes take effect. Your continued use of the PropGen platform after any such changes have been communicated will constitute your acceptance of the revised revenue share model.
Calculation and Payment: The net revenue eligible for sharing will be calculated by PropGen after deducting applicable expenses, including but not limited to withholding tax, transfer costs, bank charges and other taxes. PropGen will not pass on platform maintenance costs, staff costs, corporation tax, or any other relevant costs directly related to managing propgen. Payments to agents under this revenue-sharing model will be made on a monthly basis, subject to minimum payment thresholds as defined by PropGen. All payments will be subject to applicable taxes and financial regulations, agents will be responsible for their own taxes.
Transparency and Reporting: PropGen is committed to maintaining transparency in its revenue-sharing model. Detailed reports outlining the calculation of revenue share will be provided annually.
Agent Responsibilities: As a partnering agent, you are responsible for ensuring that all content you provide to the PropGen platform complies with applicable laws, does not infringe on the intellectual property rights of third parties, and adheres to PropGen's content guidelines. You agree that PropGen's determination of revenue generated and the calculation of your share is final, subject to the provision of detailed reporting as mentioned above.
By contributing content to the PropGen platform, you agree to these terms regarding the monetisation of your content and the sharing of revenue generated therefrom. This clause forms part of the broader Terms of Service agreement between you and PropGen and is subject to the terms and conditions outlined therein.
PropGen reserves the right to provide paid and free enterprise tools to agents outside of the revenue-sharing model. PropGen will follow the ethos of “if a feature generates additional views and user engagement, PropGen will endeavour to cover the costs associated with new features. If a new feature is optional for agents and increases agents' efficiency or lead generation, PropGen may opt to apply a charge for such a feature but will endeavour to link costs to transactions and apply charges to buyers or sellers where appropriate.
PropGen Points and Agent Voting Rights
Introduction to PropGen Points System
PropGen introduces a proprietary points system ("PropGen Points") designed to recognise and reward the active participation and contributions of Agents on the PropGen platform. PropGen Points are earned through various activities, including but not limited to listing properties, referring new agents, posting inbound links, and engaging with community features on the platform.
Earning PropGen Points
Accrual of Points: Agents accrue PropGen Points based on specific actions performed within the platform. The criteria and point values associated with each action are determined by PropGen and may be subject to change. PropGen reserves the right to modify the points accrual criteria at its discretion, with prior notice to Agents.
Transparency and Tracking: Agents can track their accrued points through their PropGen dashboard. PropGen will provide timely updates and transparency on how points are earned and calculated.
Use of Points: PropGen Points can be used within the platform for various benefits, including but not limited to PropGen awards, a first look at new features and attendance at PropGen-exclusive events and most importantly voting rights and earning potential.
Agent Voting Rights
Eligibility for Voting: Agents who have referred at least one agent, posted one property and hold valid PropGen Points become eligible to participate in PropGen's decision-making processes through voting rights. Voting may pertain to platform updates, feature enhancements, community guidelines, or other matters PropGen deems suitable for agent input.
Voting Process: Eligible agents will be notified about upcoming votes through their registered email and the platform's notification system. Each vote will include detailed information on the matter at hand, voting options, and the voting period.
Impact of Votes: While PropGen values agent input, the final decision on any matter remains at the discretion of PropGen. The outcome of agent votes will significantly influence PropGen's decisions, ensuring the platform evolves in alignment with the needs and preferences of its agent community.
Expiration of Points: PropGen Points will decrease over time to ensure active users of the platform have the most say. Desperation rates will be agreed upon by agents' votes. PropGen will endeavour to review the desperation rate every two years.
PropGen Points General Terms
No Monetary Value: PropGen Points have no cash value and cannot be exchanged for cash or monetary compensation. They are intended solely for use within the PropGen platform as a means of engagement and reward.
Non-transferable: PropGen Points and voting rights are associated with the individual agent's account on the platform. An agent can assign their voting rights to their employer if they wish. Agents must transfer their voting rights to their employer each time there is a vote.
By participating in the PropGen Points system and exercising voting rights, Agents agree to these terms, which form an integral part of the broader PropGen Terms of Service. These terms are subject to change, and continued participation in the points system constitutes acceptance of these and any revised terms.
PropGen Ethos and Revenue Sharing Clause
PropGen Ethos
At PropGen, we are committed to fostering a community where real estate agents can thrive through collaboration, transparency, and innovation. Our ethos is built on the principle of mutual success, where the growth and profitability of our platform directly contribute to the prosperity of our agents. We believe in creating value for our agents by providing a suite of tools and features that enhance their ability to serve their clients effectively and efficiently.
Revenue Sharing from Views and Data: PropGen acknowledges that the content created by agents, including property listings and related multimedia content, drives traffic and engagement on our platform. Should PropGen generate revenue directly attributable to the views of or data generated by such content, we commit to sharing a portion of this revenue with the contributing agents. The specifics of this revenue-sharing model, including the calculation of shares and distribution schedules, will be transparently outlined and communicated to all participating agents.
Feature Utilization and Charges
Charging for Selective Features: PropGen continuously innovates and introduces new features to enhance the agent experience and the effectiveness of property listings. While we strive to offer a comprehensive suite of features to all agents, certain features that require significant resources to maintain and are only utilised by a select few agents may be subject to additional charges.
Notification and Consent: Before implementing any charges for such selective features, PropGen will provide detailed information to the affected agents, including the rationale for the charges, the benefits of the features, and any available alternatives. Consent will be obtained from agents opting to use these chargeable features, ensuring transparency and fairness in our approach.
Evaluation and Feedback: PropGen values agent feedback and will periodically evaluate the utilisation and impact of chargeable features. This feedback will inform our decisions regarding the pricing, availability, and improvement of these features to better serve the needs of our agent community.
Commitment to Community Success
PropGen is dedicated to the success of our agent community. We pledge to operate with integrity, prioritise the needs and feedback of our agents, and continuously seek opportunities to share the platform's success with those who contribute to its vibrancy and growth. This ethos and the principles outlined in this clause form the foundation of our partnership with real estate agents and are integral to the terms of service agreement between PropGen and its agents.
Account Suspension and Termination
We may suspend or terminate your access to the Service if you violate these Terms or engage in activities that undermine the integrity of our platform or harm other users.
About Software in our Service
PropGen is developing its own systems and will also use certain proprietary software.
Other Legal Terms
Disclaimer of Warranties: PropGen provides the Service "as is" and makes no specific guarantees or warranties regarding the availability, reliability, or accuracy of the Service. Propgen can not guarantee any particular revenue to agents at any time and past performance or future projections cannot be relied on.
Limitation of Liability: To the extent permitted by law, PropGen shall not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service.
About this Agreement
Modifications to the Agreement: We reserve the right to modify these Terms to reflect changes in the law, our Service, or our business practices. Notice of modifications will be provided, and continued use of the Service after such changes will constitute acceptance.
Governing Law: This Agreement is governed by the laws of Ireland, without regard to its conflict of laws principles.
For detailed information on your rights and responsibilities under this Agreement, please read each section carefully. If you have questions or require further clarification, please contact PropGen's support team.
Copyrights reserved PropGen Platform Limited 2024.