By clicking "Pay & activate" and signing below, you agree to the full Platform Subscription Agreement between Vekser LLC (together with affiliates including Clevertone Inc., SecuredScript, and Trelegate) and Client.
PLATFORM SUBSCRIPTION AGREEMENT
This Platform Subscription Agreement ("Agreement") is entered into by and between Company and Client as of the date Client clicks "I Agree," signs electronically, completes checkout, submits an order form, activates an account, or otherwise accepts services through the platform ("Effective Date").
1. PARTIES
Company:
Vekser LLC, together with its affiliated entities, including Clevertone Inc., SecuredScript, and Trelegate, as applicable under the services provided ("Company"), with principal offices at:
401 E. Las Olas Blvd, Suite 130-139
Fort Lauderdale, Florida 33301
United States
Client:
The individual or entity accepting this Agreement, together with any authorized representatives, operators, property owners, managers, brokers, agents, or affiliated entities using the platform under Client's account ("Client").
Company and Client may each be referred to herein as a "Party" and collectively as the "Parties."
2. AGREEMENT TO TERMS
By clicking "I Agree," signing electronically, completing checkout, activating an account, submitting payment, submitting an order form, or using the platform or services, Client agrees to be bound by this Agreement, all applicable pricing, all approved service selections, all checkout summaries, all subscription summaries, all order forms, and all platform policies incorporated by reference.
3. SERVICES
Company provides a software platform, workflow automation, white-label tools, outsourced digital workforce support, communication support, reporting tools, vendor marketplace access, payment-routing workflows, and operational coordination for property-related operations (collectively, the "Services").
Services may include, without limitation:
• listing distribution and listing workflows;
• rental marketing workflows;
• property sale marketing workflows;
• lead and inquiry routing;
• showing, tour, self-tour, and scheduling workflows;
• tenant, guest, buyer, seller, and prospect communication support;
• maintenance coordination workflows;
• bookkeeping and reporting workflows;
• vendor dispatch and vendor coordination workflows;
• payment-routing support;
• dashboard access, alerts, analytics, and activity tracking;
• administrative and back-office operational support;
• white-label workflows, branded portals, or branded interfaces;
• property sale-support workflows, including listing support, inquiry routing, showing coordination, document routing, and transaction coordination support; and
• integrations or coordination support involving closing companies, title companies, escrow companies, vendors, operators, and other third parties.
Company operates as a technology and outsourced operational support provider.
4. CLIENT CONTROL AND RESPONSIBILITY
Client retains full control over and responsibility for all property, business, legal, financial, and operational decisions, including without limitation:
• property ownership, operation, rental, leasing, and disposition;
• leasing decisions, approvals, pricing, concessions, tenant selection, and renewals;
• tenant, guest, buyer, seller, and prospect approvals;
• sale pricing, negotiations, offer review, offer acceptance or rejection, disclosures, contracts, escrow decisions, and closings;
• compliance with applicable laws, rules, regulations, codes, ordinances, permits, and licensing requirements;
• all licenses, permits, registrations, certifications, and insurance;
• vendor approvals, vendor selection, vendor payments, and contractor relationships;
• legal, financial, accounting, tax, trust-account, escrow, brokerage, and operational decisions; and
• all instructions, approvals, and final decisions affecting the properties or business.
All leases, contracts, sale agreements, offers, listings, legal notices, bank accounts, merchant accounts, payment processors, regulated activities, and final decisions remain under Client's control or the control of Client's designated representatives.
5. CLIENT REPRESENTATIONS AND WARRANTIES
Client represents, warrants, and agrees that:
• Client owns the applicable property or has full legal authority to operate, lease, market, or offer it for sale;
• Client has authority to enter into this Agreement and authorize use of the Services;
• all information provided by Client to Company is complete, accurate, and not misleading;
• the property is lawful to market, lease, occupy, or sell, as applicable;
• the property complies, and will continue to comply, with applicable laws to the extent required for Client's intended use;
• the property is maintained in a safe, lawful, and habitable condition where required by applicable law;
• all taxes, association dues, loan obligations, insurance obligations, and other property-related obligations remain Client's responsibility;
• Client will respond promptly to maintenance, legal, safety, showing, closing, or operational matters requiring Client action;
• Client will not rely on Company for legal, tax, brokerage, escrow, accounting, contractor, fiduciary, or regulatory advice; and
• Client will obtain all licensed or regulated third-party support required for Client's property, business model, and jurisdiction.
6. NO LICENSED OR REGULATED SERVICES
Company is not acting as a licensed property manager, broker, real estate agent, contractor, law firm, accounting firm, fiduciary, trustee, escrow holder, title company, closing company, or trust-account holder unless expressly stated in a separate written agreement signed by Company.
Any act requiring a real estate license, property management license, contractor license, legal authority, trust-account authority, fiduciary authority, escrow authority, title authority, or any other regulated authority must be performed by Client or by appropriately licensed third-party professionals where required by applicable law.
Company may facilitate workflows, routing, communication, administration, and coordination involving Client and third parties, but Company does not assume responsibility for regulated acts or licensed services.
For clarity, Company may support property sale workflows, rental workflows, listing workflows, maintenance workflows, and related administrative functions through software and coordination services, but Client remains solely responsible for all negotiations, approvals, regulated acts, and final decisions unless otherwise expressly agreed in writing.
7. WHITE-LABEL PLATFORM
Company may provide white-label tools, portals, dashboards, payment-routing workflows, communication workflows, or branded interfaces for Client's use.
Use of white-label tools does not transfer legal responsibility, regulated authority, licensing obligations, or compliance obligations from Client to Company.
Client remains solely responsible for all representations made under Client's brand and for all regulated acts performed through or alongside the platform.
8. VENDOR AND THIRD-PARTY MARKETPLACE
Client may access third-party vendors, contractors, maintenance providers, cleaners, movers, inspectors, title companies, escrow companies, closing companies, showing providers, and other service providers through the platform marketplace or through workflows supported by the platform.
All third-party services, pricing, timelines, insurance, permits, licenses, materials, workmanship, availability, performance, and outcomes are solely the responsibility of the applicable third party and Client.
Company may assist with coordination workflows and communication support, but Company is not responsible for any third-party act, omission, delay, workmanship issue, dispute, failure, injury, loss, cost, damage, non-performance, or legal violation.
9. SHOWINGS, TOURS, AND ACCESS RISK
Client understands and agrees that showings, self-tours, access workflows, and property visits may involve risks, including property damage, theft, injury, fraud, trespass, unauthorized access, or misconduct by third parties.
Client assumes all risk associated with showings, self-tours, access coordination, keys, codes, lockboxes, entry devices, visitors, prospective tenants, prospective buyers, third-party showing personnel, and unsupervised access to the property.
Company does not guarantee the conduct, identity, safety, reliability, or performance of any prospect, visitor, buyer, tenant, showing provider, or other third party entering or attempting to enter the property.
Client is solely responsible for securing the property, valuables, documents, keys, entry systems, alarm systems, and access credentials, and for determining whether the property is suitable for any showing or access model.
10. PAYMENT ROUTING AND CLIENT ACCOUNTS
Client may elect to use payment-routing workflows integrated through Client's designated merchant account, payment processor, and/or bank account.
Client is solely responsible for opening, maintaining, controlling, authorizing, and complying with the terms of any merchant account, processor account, bank account, or other financial account used in connection with the Services.
Unless expressly agreed otherwise in writing, Company does not hold Client funds, tenant funds, guest funds, buyer funds, seller funds, rent, deposits, reserves, escrow funds, trust funds, earnest money, or sale proceeds.
Client understands and agrees that payment workflows are intended to route funds through Client's designated financial setup, and Company's fees are charged separately as subscription fees or other authorized charges under this Agreement.
11. SUBSCRIPTION AND BILLING
Services are provided on a recurring monthly subscription basis unless otherwise stated in writing.
Client authorizes recurring charges to the payment method on file for subscription fees, approved services, setup fees, processing fees, dispute-related costs to the extent permitted by law, and any other charges expressly authorized by Client through the platform, checkout flow, subscription summary, order form, invoice, or written approval.
Subscription fees may be structured in either of the following ways:
(a) Fixed Subscription Pricing
A recurring monthly fee based on unit count, service tier, portfolio size, usage level, campaign length, property count, transaction count, service bundle, or other agreed pricing criteria.
(b) Revenue-Based Subscription Pricing
A recurring monthly subscription amount calculated using an agreed percentage or formula applied to estimated rental income, revenue volume, unit count, occupancy, transaction flow, sale-related activity, or other agreed operating metrics associated with the properties at onboarding.
Revenue-based pricing is billed as a monthly subscription and is not a percentage deducted from funds held by Company.
For any revenue-based pricing model:
• the initial monthly subscription amount is based on estimates available at onboarding, including rent rolls, projected occupancy, expected rental income, unit count, anticipated payment volume, anticipated transaction activity, expected sale or listing activity, and expected service scope;
• the estimated amount is used to activate services and begin billing;
• after onboarding and review of actual leases, rent rolls, occupancy, payment routing setup, transaction flow, sales activity, listing activity, and operational activity, Company may recalculate and adjust the monthly subscription amount upward or downward so that billing reflects the actual properties, rental activity, sale-related activity, revenues processed through the platform workflows, and scope of services being provided; and
• any revised subscription amount will apply prospectively.
All subscription fees:
• are billed in advance unless otherwise stated in writing;
• are earned when billed for platform access, workflow configuration, workforce support availability, operational routing, coordination, dashboard access, reporting, and administrative support during the applicable billing period;
• are non-refundable once charged;
• are not contingent on occupancy, leasing speed, vendor availability, vendor performance, platform usage, revenue performance, tenant placement, guest placement, sale outcomes, buyer outcomes, closing outcomes, or financial results unless expressly stated in writing; and
• remain due until canceled in accordance with this Agreement.
Client may cancel before the next billing cycle to stop future recurring charges. Cancellation does not reverse charges already billed or earned for the current billing period.
Company may adjust pricing prospectively if Client adds or removes units, changes scope, changes pricing models, changes payment routing, materially changes operating volume, changes listing activity, changes sales activity, or if actual activity differs from onboarding estimates.
12. SETUP, ACTIVATION, AND SCOPE CHANGES
Company may require onboarding information, property data, listing data, sale data, leases, rent rolls, payment setup, platform integrations, workflow approvals, and other reasonably necessary information before full activation.
Client acknowledges that service timelines, billing setup, and scope depend on the completeness and accuracy of onboarding information.
If Client changes service scope, adds or removes properties, changes pricing models, changes unit counts, changes payment routing, changes listing scope, changes sale-support scope, or materially changes the operating profile of the portfolio, Company may adjust pricing, workflows, activation requirements, and support coverage prospectively.
13. NO LEASE, SALE, OR CONTRACT ENFORCEMENT
Unless expressly stated in a separate written agreement signed by Company, Company does not enforce leases, pursue evictions, initiate legal actions, negotiate contracts, accept offers, reject offers, draft legal disclosures, close transactions, or enforce sale agreements.
Company may provide templates, routing workflows, reminders, dashboard organization, coordination support, and administrative assistance, but Client remains solely responsible for enforcement, approvals, negotiations, contracts, legal notices, disclosures, and all related legal and regulated activity.
14. NO GUARANTEES
Company does not guarantee occupancy, rental income, tenant placement, guest placement, buyer placement, sale price, sale timing, closing, leasing speed, financial performance, vendor availability, vendor performance, legal outcomes, maintenance timelines, platform uptime, or operational results.
Any examples, projections, estimates, marketing language, sample outcomes, or past performance are illustrative only and do not constitute guarantees.
15. PLATFORM ACCESS, DATA, AND RECORDS
Client authorizes Company to access connected systems, integrations, communications, property data, operational tools, and workflow data necessary to provide the Services.
Company may use operational and platform data to operate, secure, improve, automate, optimize, support, and document its systems and Services, provided Client confidential information is not publicly disclosed except as required to deliver Services, comply with law, process payments, respond to disputes, or enforce this Agreement.
Client is responsible for ensuring that Client has all rights and permissions necessary to connect third-party systems and share data with Company.
Client agrees that Company may maintain and rely on electronic records of click-through acceptance, electronic signatures, order forms, invoices, subscription selections, pricing summaries, account activations, approvals, onboarding submissions, communications, integration logs, billing records, and platform activity as evidence of authorization, acceptance, billing basis, service scope, and Client activity.
16. CLIENT CONTENT, INSTRUCTIONS, AND APPROVALS
Client is responsible for all data, content, instructions, approvals, authorizations, and decisions submitted through the platform or communicated to Company.
Company may rely on Client's instructions, approvals, designated contacts, and authorized representatives unless Client changes them in writing.
Client is responsible for reviewing and approving any listings, communications, vendor selections, documents, workflows, notices, offers, deal-related communications, or actions that require Client approval.
17. CHARGEBACKS AND PAYMENT DISPUTES
Client agrees not to initiate or encourage chargebacks, payment reversals, or billing disputes for charges that were authorized, disclosed, invoiced, or incurred under this Agreement, an applicable order form, checkout flow, invoice, subscription summary, or written approval.
Before initiating any chargeback or formal billing dispute, Client agrees to notify Company in writing and give Company a reasonable opportunity to review and attempt to resolve the matter.
If Client initiates a chargeback or payment dispute for a charge that was authorized and properly billed, Client remains responsible for the disputed amount and for any processor, administrative, banking, collection, or dispute-handling costs incurred by Company to the extent permitted by law.
Nothing in this Section limits any non-waivable rights under applicable law.
18. SUSPENSION OR TERMINATION
Company may suspend or terminate platform access or Services if:
• Client fails to pay amounts due;
• Client provides inaccurate, incomplete, or misleading onboarding or compliance information;
• Client uses the platform in a way that creates legal, regulatory, reputational, fraud, security, or operational risk; or
• continued service is unlawful, commercially unreasonable, or operationally impractical.
Suspension or termination does not waive Client's obligation to pay amounts already due.
19. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Company's total liability relating to the platform or Services shall not exceed the total fees paid by Client to Company during the three (3) months preceding the event giving rise to the claim.
Company shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, lost-profit, lost-rent, lost-sale proceeds, regulatory, vendor-related, tenant-related, guest-related, buyer-related, seller-related, processor-related, banking-related, or third-party damages.
20. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Company, its affiliates, officers, managers, directors, team members, contractors, partners, licensors, and vendors from and against any claims, liabilities, damages, penalties, losses, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
• Client's properties or operations;
• Client's instructions, approvals, acts, omissions, or representations;
• tenant or guest issues;
• buyer, seller, offer, contract, or sale-related issues;
• vendor or third-party services or disputes;
• injuries, damages, or losses occurring at the properties;
• regulatory, licensing, trust-account, escrow, title, brokerage, or legal compliance matters;
• Client's use of the platform; or
• Client's breach of this Agreement.
21. NO RELIANCE
Client acknowledges and agrees that Company is a software, workflow, and outsourced operational support provider only, and that Client is not relying on Company for brokerage, property management, legal, escrow, trust-account, tax, accounting, contractor, fiduciary, or regulatory compliance services.
Client further acknowledges that Client has had the opportunity to consult independent legal, accounting, tax, real estate, escrow, title, and other professional advisors of Client's choosing before entering into this Agreement.
22. INDEPENDENT CONTRACTOR
Company is an independent technology and outsourced operational support provider. Nothing in this Agreement creates a property management relationship, brokerage relationship, agency relationship, fiduciary duty, partnership, joint venture, employment relationship, trust relationship, or similar legal relationship between the Parties.
23. GOVERNING LAW; VENUE
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent mandatory law requires otherwise.
Venue for disputes shall be Broward County, Florida, unless applicable law requires otherwise.
24. MODIFICATIONS
Company may update this Agreement from time to time. Updated terms may be presented through the platform, checkout flow, order form, invoice, or written notice. Continued use of the platform or Services after the effective date of updated terms constitutes acceptance of the updated Agreement to the extent permitted by law.
25. ENTIRE AGREEMENT
This Agreement, together with any applicable order form, pricing summary, invoice, checkout summary, or written service approval incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes prior discussions or understandings on that subject matter.
26. ACCEPTANCE
By clicking "I Agree," signing electronically, activating services, submitting payment, or using the platform or Services, Client confirms that Client has read, understood, and agreed to this Agreement and all applicable pricing, subscriptions, workflows, service selections, and platform policies.
Terms of Use: https://vekser.com/site-terms
Privacy Policy: https://vekser.com/privacy-policy