Terms & Conditions

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Comprehensive General Disclaimer and Terms of Use

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Effective Date: August 23, 2024

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PLEASE READ THIS COMPREHENSIVE GENERAL DISCLAIMER AND TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE PLATFORM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PLATFORM.

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  1. Definitions 1.1. "Platform" means all services, websites (including but not limited to buyeragency.com), web applications, and mobile applications provided by Syngularity, Inc. under the brand name "Archie", including but not limited to Buyer Agency Agreement generation, electronic signature capabilities, and related services. 1.2. "Company," "we," "us," or "our" means Syngularity, Inc., a Delaware corporation doing business as "Archie", its subsidiaries, affiliates, officers, directors, employees, agents, and licensors. 1.3. "User," "you," or "your" means any individual or entity accessing or using the Platform.

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  1. Acceptance of Terms By accessing or using the Platform in any manner, including, but not limited to, visiting or browsing buyeragency.com or contributing content or other materials to the Platform, you agree to be bound by this Agreement. This Agreement applies to all users of the Platform, including without limitation users who are browsers, customers, real estate professionals, or contributors of content.

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  1. No Attorney-Client Relationship or Legal Advice 3.1. No Legal Services: The Company is not a law firm and does not provide legal services, legal advice, or legal representation. Your use of the Platform does not create an attorney-client relationship between you and the Company, or any of its employees or agents. 3.2. No Substitute for Professional Advice: The Platform and all Content and documents provided through it are for informational purposes only and do not constitute legal, financial, tax, or any other form of professional advice. The Platform is not a substitute for the advice or services of an attorney, financial advisor, tax professional, or any other professional. 3.3. No Review of Generated Documents: The Company does not review any documents generated through the Platform for legal accuracy, completeness, or any other purpose. You are solely responsible for any documents you create, modify, or sign using the Platform. 3.4. Consultation with Professionals: Before taking any action that may affect your legal rights or obligations, you should consult with a qualified attorney licensed in your jurisdiction. Similarly, for financial or tax matters, consult with a qualified financial advisor or tax professional.

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  1. User Responsibilities and Acknowledgments 4.1. Independent Verification: You are solely responsible for verifying the accuracy, completeness, and suitability of all Content, documents, and information obtained through the Platform for your specific needs and circumstances. 4.2. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Platform. This includes, but is not limited to, laws regarding intellectual property, data protection, privacy, and electronic signatures. 4.3. Accuracy of Information: You represent and warrant that all information you provide in connection with your use of the Platform is accurate, complete, and up to date. You agree to update this information as necessary to maintain its accuracy. 4.4. Use Restrictions: You agree not to use the Platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.

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  1. Electronic Signatures and Document Execution 5.1. Electronic Signature Functionality: The Platform provides electronic signature capabilities. By using this functionality, you agree that your electronic signature is the legal equivalent of your manual signature on documents. 5.2. Consent to Electronic Signatures: You consent to be legally bound by the terms and conditions of the agreements that you sign electronically, and you agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature, acceptance and agreement as if actually signed by you in writing. 5.3. Authority to Sign: By using the electronic signature functionality, you represent that you have the authority to sign the document(s) on behalf of yourself or any entity you claim to represent. 5.4. Compliance with E-Sign Laws: Our electronic signature feature is designed to comply with applicable electronic signature laws, including the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign Act) and, where applicable, the Uniform Electronic Transactions Act (UETA). However, you are solely responsible for ensuring that your use of electronic signatures complies with all laws, rules and regulations applicable to your business and jurisdiction. 5.5. Document Retention: You are solely responsible for retaining copies of documents signed using our Platform. While we may store copies of executed documents, we do not guarantee the availability or integrity of these documents and you should not rely on our storage as your official record. 5.6. No Legal Review: Our Platform facilitates document signing but does not review the content of documents for legal accuracy or enforceability. You are solely responsible for ensuring the legal validity and enforceability of any documents you sign or send for signature.

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  1. Disclaimer of Warranties 6.1. AS-IS Basis: THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 6.2. No Warranties: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 6.3. Specific Disclaimers: WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE CONTENT ON THE PLATFORM IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 6.4. Downloaded Material: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 6.5. No Legal Warranties: THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

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  1. Limitation of Liability 7.1. Exclusion of Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND (V) ANY DOCUMENTS OR AGREEMENTS GENERATED, EXECUTED, OR TRANSMITTED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 7.2. Cap on Liability: IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. 7.3. Basis of the Bargain: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

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  1. Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Platform.

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  1. Intellectual Property Rights 9.1. Ownership: The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 9.2. Limited License: This Agreement permits you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
    1. Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
    1. You may store files that are automatically cached by your Web browser for display enhancement purposes.
    1. You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
    1. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. 9.3. No Rights Granted: No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

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  1. User Content 10.1. User Contributions: The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform. 10.2. License Grant: Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 10.3. Representations and Warranties: You represent and warrant that: - You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. - All of your User Contributions do and will comply with this Agreement. 10.4. Monitoring and Enforcement: We have the right to: - Remove or refuse to post any User Contributions for any or no reason in our sole discretion. - Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company. - Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. - Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. - Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement.

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  1. Governing Law and Jurisdiction 11.1. Governing Law: This Agreement and all matters relating to the Platform shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). 11.2. Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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  1. Arbitration 12.1. Arbitration Agreement: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [Insert City], [Insert State] before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. 12.2. Waiver of Jury Trial: YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. 12.3. No Class Actions: You and the Company are each waiving the right to participate in a class action. ALL DISPUTES, EXCEPT AS SET FORTH BELOW, MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. 12.4. Exceptions: Notwithstanding the foregoing, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

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  1. Waiver and Severability 13.1. Waiver: No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. 13.2. Severability: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

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  1. Entire Agreement This Agreement, our Privacy Policy, and any Terms of Service constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

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  1. Changes to the Agreement We reserve the right to make changes to this Agreement at any time and for any reason. We will alert you about any changes by updating the "Effective Date" at the top of this Agreement. Any changes or modifications will be effective immediately upon posting the updated Agreement on the Platform, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Agreement to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Agreement by your continued use of the Platform after the date such revised Agreement is posted.

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  1. Electronic Communications, Transactions, and Signatures 16.1. Electronic Form: Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. 16.2. Electronic Signatures: YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. 16.3. Notice Regarding Electronic Signatures: You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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  1. California Users and Residents If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

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  1. Miscellaneous 18.1. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction. 18.2. Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 18.3. No Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. 18.4. Headings: The section titles in this Agreement are for convenience only and have no legal or contractual effect.

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  1. Contact Information All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: Syngularity, Inc. d/b/a Homey 673 N Bedford Street, Georgetown, Delaware 19947 Website: www.buyeragency.com Email: contact@syngularity.ai Phone: (302) 643-2033‬

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BY USING THE PLATFORM, INCLUDING BUYERAGENCY.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE PLATFORM.

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