Terms and Conditions

TERMS AND CONDITIONS

Broker Seva Platform — Mobile Application & Website

Effective Date: April 1, 2025   |   Last Updated: March 2026

Applicable to: brokerseva.com and the Broker Seva Mobile Application

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BROKER SEVA PLATFORM. BY ACCESSING OR USING THE PLATFORM, REGISTERING AN ACCOUNT, SUBSCRIBING TO ANY PLAN, OR CLICKING ‘I AGREE’, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE PLATFORM.

1. Definitions

In these Terms and Conditions (“Terms”), the following words and expressions shall have the meanings assigned to them below:

“Agreement” means these Terms and Conditions together with the Privacy Policy, Data Safety Disclosure, and any other policies or notices published on the Platform from time to time, all of which are incorporated herein by reference.

“Company,” “we,” “us,” or “our” means [BROKER SEVA PRIVATE LIMITED], the owner and operator of the Broker Seva platform.

“Platform” means the Broker Seva mobile application and the website accessible at brokerseva.com, including all features, tools, and services offered thereon.

“User,” “you,” or “your” means any individual or entity who accesses, registers on, or uses the Platform in any capacity, including brokers, agents, and visitors.

“Content” means any data, text, photographs, images, videos, documents, property listings, descriptions, messages, or other material uploaded, posted, or submitted by a User to the Platform.

“Subscription” means a paid plan purchased by a User to access premium features of the Platform.

“Broker Network” means the feature that enables registered brokers to connect, share listings, and collaborate on the Platform.

“Land Bank” means the feature enabling Users to maintain a private or public inventory of properties.

“Intellectual Property” means all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, designs, logos, and any other proprietary rights.

“Third-Party Services” means external payment gateways, cloud providers, analytics tools, and other services integrated into or linked from the Platform.

“RERA” means the Real Estate (Regulation and Development) Act, 2016, and the rules/regulations framed thereunder in the State of Maharashtra.

“Applicable Law” means all statutes, regulations, rules, orders, and guidelines in force in India that apply to the Platform and its Users.

2. Acceptance of Terms and Eligibility

2.1 Acceptance

Your use of the Platform constitutes your unconditional acceptance of this Agreement. This Agreement is a legally binding contract between you and the Company. If you are accepting on behalf of an entity, you represent that you have the authority to bind that entity to this Agreement.

2.2 Eligibility

To use the Platform, you must:

• Be at least 18 years of age and have the legal capacity to enter into a binding contract under Indian law;
• Be a real estate broker, agent, or related professional operating in India;
• Not be prohibited from using the Platform under any Applicable Law;
• Provide accurate, current, and complete registration information;
• Maintain the security and confidentiality of your account credentials.

We reserve the right to verify your eligibility at any time and to suspend or terminate accounts that do not meet the above criteria without notice.

2.3 Minors

The Platform is strictly not intended for persons under 18 years of age. If you are a minor, you must not access or use the Platform. We reserve the right to immediately terminate any account discovered to belong to a minor.

3. Account Registration and Security

3.1 Registration

To access most features of the Platform, you must register for an account by providing accurate and complete information including your name, mobile number, email address, and professional details. You agree to keep this information updated at all times.

3.2 Account Security

You are solely and entirely responsible for:

• Maintaining the confidentiality of your login credentials (username, password, OTP);
• All activities that occur under your account, whether or not authorised by you;
• Immediately notifying us at support@brokerseva.com if you suspect any unauthorised access to your account.

IMPORTANT: The Company will never be liable for any loss or damage arising from your failure to maintain the security of your account credentials. Any use of your account, whether by you or a third party, is your sole responsibility.

3.3 One Account Per User

Each User may maintain only one active account. The Company reserves the right to merge, suspend, or terminate duplicate accounts without notice.

3.4 Account Verification

We may require you to verify your identity or professional credentials at any time, including through OTP verification, document submission, or third-party checks. We reserve the right to suspend accounts pending verification.

4. Subscriptions, Payments, and Billing

4.1 Subscription Plans

Broker Seva offers subscription-based access to premium Platform features. Details of available plans, pricing, and included features are displayed on the Platform and are subject to change with reasonable notice to existing subscribers.

4.2 Payment

• All payments are processed through Razorpay (or such other payment gateway as we may designate from time to time).
• By subscribing, you authorise us to charge the applicable subscription fee to your chosen payment method.
• All prices are in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise.
• Payment must be made in advance for the chosen billing period (monthly, quarterly, or annual).

4.3 Subscription Lapse — Data Preserved, Features Locked

If your subscription expires or lapses:

• Your account and all data (listings, land bank, requirements, network connections) will be preserved and not deleted;
• Access to premium features will be locked until your subscription is renewed;
• You will retain read-only access to your own data for a period of [90] days following lapse;
• After [90] days of non-renewal, we reserve the right to archive or delete your data upon 30 days’ prior written notice to your registered email address.

Tip for Users: Renew your subscription before expiry to ensure uninterrupted access to all features. Set a reminder — we are not responsible for business disruption caused by subscription lapse.

4.4 Refund Policy

• Subscription fees are NON-REFUNDABLE once payment has been processed, except as required by Applicable Law.
• If a technical error on our part results in an overcharge, we will credit or refund the excess amount within 7 working days of verification.
• No refund will be issued for partial periods, unused features, or voluntary early cancellation.
• In the event of a verified platform outage exceeding 72 continuous hours, we may, at our sole discretion, offer a pro-rated credit to affected subscribers.

4.5 Taxes

You are responsible for all applicable taxes, levies, and charges on your subscription, including GST, as may be applicable under Indian law. The Company will issue a valid tax invoice for all subscription payments.

4.6 Price Changes

We reserve the right to revise subscription pricing at any time. Existing subscribers will receive at least 30 days’ notice of any price increase before the change applies to their account. Continued use of the Platform after the effective date of a price change constitutes acceptance.

5. Permitted Use of the Platform

5.1 License

Subject to your compliance with this Agreement and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your legitimate professional real estate brokerage activities in India.

5.2 Permitted Activities

• Listing properties you are actively representing or have a mandate to sell/rent;
• Managing your private and public land bank inventory;
• Connecting with other registered brokers through the Broker Network;
• Using the Requirements Manager to record and match buyer/seller requirements;
• Sharing listings with other brokers through the Property Sharing feature;
• Participating in the Broker Syndicate for collaborative deal-making;
• Using the Referral Program in accordance with its specific terms.

6. Prohibited Conduct

The following activities are strictly prohibited on the Platform. Violation of any of the below may result in immediate account termination, legal action, and/or reporting to appropriate authorities:

6.1 Illegal and Fraudulent Activities

• Listing, advertising, or facilitating the sale or rental of any property that is involved in a legal dispute, subject to government acquisition, illegally encroached, or otherwise unlawful to transact without disclosing such status;
• Creating fictitious listings, fake requirements, or sham transactions to mislead other Users;
• Misrepresenting your identity, professional credentials, or the nature of a property;
• Engaging in money laundering, benami transactions, or any activity prohibited under the Prevention of Money Laundering Act, 2002, or the Prohibition of Benami Property Transactions Act, 1988;
• Violating any provision of RERA, the Transfer of Property Act, 1882, or any other property law;

6.2 Platform Misuse

• Scraping, crawling, or systematically extracting data from the Platform using automated tools without our prior written consent;
• Reverse engineering, decompiling, or attempting to access the Platform’s source code;
• Uploading viruses, malware, or any code designed to harm the Platform or other Users;
• Circumventing, disabling, or tampering with any security or access control features;
• Creating multiple accounts to circumvent subscription limits, bans, or feature restrictions;
• Using the Platform to send unsolicited bulk messages (spam) to other Users;

6.3 Content Violations

• Uploading content that infringes the copyright, trademark, or other intellectual property rights of any third party;
• Posting obscene, defamatory, abusive, threatening, or harassing content;
• Uploading content containing the personal data of third parties without their consent, in violation of the DPDP Act, 2023;
• Impersonating any person, broker, or organisation;

6.4 Commercial Misuse

• Using the Platform to promote or advertise services or businesses other than your own legitimate brokerage activity without our written consent;
• Using data or listings obtained from the Platform to populate a competing platform or database;
• Offering to pay or accepting payment from any User in exchange for fake reviews, endorsements, or inflated ratings.

IMPORTANT: The Company reserves the right to remove any Content, suspend any account, and report any User to law enforcement authorities if we reasonably suspect a violation of these prohibitions or Applicable Law.

7. User Content — Your Responsibilities and Our Rights

7.1 Your Representations

By uploading, posting, or submitting any Content to the Platform, you represent and warrant that:

• The Content is accurate, truthful, and not misleading;
• You have the legal right, authority, and mandate to list the property or information contained in the Content;
• The Content does not infringe any third party’s intellectual property rights, privacy rights, or any other legal rights;
• If the Content contains personal data of any third party (e.g., property owner, buyer), you have obtained all necessary consents required under the DPDP Act, 2023 and all other Applicable Laws;
• The Content complies with all Applicable Laws, including RERA (where applicable), the IT Act, 2000, and the Indian Penal Code / Bharatiya Nyaya Sanhita.

7.2 Licence to the Company

By submitting Content to the Platform, you grant the Company a worldwide, royalty-free, non-exclusive, sublicensable licence to use, store, reproduce, display, distribute, and process the Content solely for the purpose of operating and improving the Platform. This licence terminates when you delete the Content or close your account, subject to our data retention obligations.

7.3 No Verification Obligation

The Company does not verify, endorse, or guarantee the accuracy, legality, or authenticity of any Content submitted by Users. We are a platform intermediary under the IT Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. We are not responsible for any loss, harm, or dispute arising from reliance on User-submitted Content.

7.4 Content Removal

We reserve the right to remove, edit, or disable access to any Content at our sole discretion, without notice, if we believe it violates this Agreement, Applicable Law, or is otherwise harmful to the Platform or its Users. We are not obligated to pre-screen Content.

7.5 User Indemnification for Content

You shall fully indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any and all claims, proceedings, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with your Content, your use of the Platform, or your breach of this Agreement.

8. Property Listings — Specific Terms

8.1 Broker Responsibility

As the listing broker, you are solely responsible for:

• The accuracy of all property details, including price, area, location, ownership status, and encumbrances;
• Ensuring you have the legal authority (ownership, power of attorney, or written mandate from the owner) to list the property;
• Disclosing any known defects, disputes, litigation, or regulatory issues affecting the property;
• Complying with RERA registration requirements for applicable projects;
• Ensuring photographs and documents you upload are authentic and are not misleading.

8.2 No Real Estate Advice

The Company does not provide real estate investment advice, legal advice, or valuations. Nothing on the Platform constitutes a recommendation to buy, sell, or rent any property. All transactions are conducted solely between Users, and the Company is not a party to any transaction.

8.3 Platform as Intermediary Only

Broker Seva is a technology platform that facilitates connections between brokers and enables listing management. The Company:

• Is NOT a real estate agent, broker, or developer;
• Does NOT represent buyers, sellers, landlords, or tenants;
• Does NOT guarantee the completion, legality, or outcome of any property transaction;
• Bears NO liability for any loss, dispute, or claim arising out of a property transaction facilitated through the Platform.

IMPORTANT: All due diligence — including title verification, encumbrance checks, RERA compliance, and legal vetting — is entirely the responsibility of the transacting parties. The Company expressly disclaims all liability for transactions conducted between Users.

9. Broker Network, Property Sharing, and Syndicate

The Broker Network, Property Sharing, and Broker Syndicate features enable collaboration between registered brokers. By using these features, you agree that:

• Information shared within the Broker Network is for professional use only and must not be forwarded, redistributed, or used outside the Platform without the originating broker’s explicit consent;
• Any co-brokerage or commission-sharing arrangement between brokers is a private agreement between those brokers. The Company is not a party to any such arrangement and bears no responsibility for disputes arising from co-brokerage agreements;
• You will not poach leads or clients introduced to you through the Platform in a manner that bypasses the originating broker’s agreed role;
• The Company does not take any commission from deals closed by Users. The Platform operates on a pure subscription model. However, the Company reserves the right to introduce commission-based or referral-based models in the future with prior notice.

10. Referral Programme

The Platform may offer a referral programme that allows existing Users to earn credits or rewards for referring new subscribers. The following terms apply:

• Referral rewards are subject to the specific terms of the active referral programme, which may be updated at any time;
• Rewards are only earned when the referred User successfully subscribes to a paid plan and the payment is not refunded or reversed;
• Self-referrals, fraudulent referrals, or referrals using multiple accounts are strictly prohibited and will result in forfeiture of all rewards and account suspension;
• Referral credits or rewards have no cash value and cannot be transferred, sold, or redeemed for cash, unless explicitly stated in the programme terms;
• The Company reserves the right to modify, suspend, or terminate the referral programme at any time without liability.

11. Intellectual Property Rights

11.1 Company’s IP

The Platform and all its components — including but not limited to the Broker Seva name, logo, branding, design, software, algorithms, databases, compiled listings data, and all other original content created by the Company — are the exclusive property of [BROKER SEVA PRIVATE LIMITED] and are protected by Indian and international intellectual property laws. Nothing in this Agreement transfers any ownership of the Company’s IP to you.

11.2 Restricted Acts

You must not, without the Company’s prior written consent:

• Copy, reproduce, redistribute, or publicly display any part of the Platform;
• Use the Broker Seva name, logo, or branding in any manner;
• Create derivative works based on the Platform or its Content;
• Frame or mirror the Platform on any other website or application;
• Use Platform data to train artificial intelligence or machine learning models.

11.3 Feedback

If you provide suggestions, feedback, or ideas about the Platform, you grant the Company a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without any obligation to compensate you.

12. Third-Party Services and Links

The Platform integrates with and may link to third-party services including Razorpay (payments), Supabase, Cloudflare, Sentry, PostHog, and others. The following applies:

• Your use of any third-party service is governed by that service’s own terms and privacy policy;
• The Company is not responsible for the availability, accuracy, security, or practices of any third-party service;
• We are not liable for any loss or damage arising from your use of or reliance on third-party services;
• The inclusion of a third-party link or integration is not an endorsement of that third party;
• Payment processing is handled entirely by Razorpay. The Company does not store your full card or banking credentials.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
• ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS;
• ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE PLATFORM;
• ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING THE OUTCOME OF ANY PROPERTY TRANSACTION OR INTRODUCTION MADE THROUGH THE PLATFORM.

USING THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATION THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN ANY SPECIFIC LOCATION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS;
• ANY LOSS OR DAMAGE ARISING FROM UNAUTHORISED ACCESS TO YOUR ACCOUNT;
• ANY LOSS OR DAMAGE ARISING FROM USER CONTENT OR TRANSACTIONS BETWEEN USERS;
• ANY LOSS ARISING FROM PLATFORM DOWNTIME, TECHNICAL ERRORS, OR THIRD-PARTY SERVICE FAILURES;
• ANY LOSS ARISING FROM YOUR RELIANCE ON INFORMATION OR LISTINGS ON THE PLATFORM;
• ANY CLAIM RELATING TO A PROPERTY TRANSACTION, DISPUTE, OR DEAL MADE THROUGH OR FACILITATED BY THE PLATFORM.

TO THE EXTENT THAT LIABILITY CANNOT BE FULLY EXCLUDED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, shareholders, agents, and successors from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform or any feature thereof;
• Your Content and any claim that your Content violates any third party’s rights or Applicable Law;
• Any property transaction, deal, or introduction facilitated through the Platform involving you;
• Your breach of any representation, warranty, or obligation under this Agreement;
• Your violation of any Applicable Law, including RERA, IT Act, DPDP Act, or property laws;
• Any claim by a property buyer, seller, landlord, or tenant arising from your conduct as a broker.

16. Term, Suspension, and Termination

16.1 Term

This Agreement is effective from the date you first access or register on the Platform and continues until terminated by either party.

16.2 Termination by You

You may terminate your account at any time by submitting a deletion request to support@brokerseva.com. Termination does not entitle you to any refund of prepaid subscription fees.

16.3 Suspension or Termination by Us

We may, at our sole discretion, suspend or permanently terminate your account and access to the Platform, with or without notice, if:

• You breach any provision of this Agreement;
• We are required to do so by a court order, law enforcement, or regulatory authority;
• You engage in fraudulent, illegal, or abusive behaviour;
• Your account poses a security, legal, or reputational risk to the Company or other Users;
• You fail to pay applicable subscription fees within [14] days of the due date;
• We decide to discontinue the Platform or any feature thereof.

16.4 Effect of Termination

• Upon termination, your licence to use the Platform immediately ceases;
• Your data will be handled in accordance with our Privacy Policy and applicable data retention obligations;
• Provisions of this Agreement that by their nature should survive termination — including Sections 7, 11, 13, 14, 15, 17, 18, and 19 — shall survive;
• The Company may retain anonymised or aggregated data derived from your account indefinitely.

17. Modifications to the Platform and These Terms

17.1 Platform Changes

The Company reserves the right to modify, update, suspend, or discontinue any part of the Platform — including features, pricing, and availability — at any time and for any reason, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

17.2 Changes to These Terms

We may revise these Terms at any time by posting the updated version on the Platform with a revised effective date. For material changes, we will provide reasonable notice via email or in-app notification. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the Platform and may request account deletion.

18. Governing Law, Dispute Resolution, and Jurisdiction

18.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of India. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Informal Resolution

Before initiating any legal or arbitral proceedings, the parties agree to attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date one party gives written notice of the dispute to the other.

18.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, that is not resolved through negotiation, shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended), by a sole arbitrator mutually appointed by the parties. The seat of arbitration shall be [City], Maharashtra, India. The arbitration shall be conducted in the English language. The arbitral award shall be final and binding.

18.4 Jurisdiction

Subject to the arbitration clause above, the courts at [City], Maharashtra, India shall have exclusive jurisdiction over any matter arising under or in connection with this Agreement.

18.5 No Class Actions

You agree that all disputes shall be resolved on an individual basis. You waive any right to bring or participate in class action, collective, or representative proceedings against the Company.

19. General Provisions

19.1 Entire Agreement

This Agreement, together with the Privacy Policy, Data Safety Disclosure, and any other policies published on the Platform, constitutes the entire agreement between you and the Company with respect to the Platform and supersedes all prior agreements, understandings, and representations.

19.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

19.3 No Waiver

The Company’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of the Company.

19.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the Company’s prior written consent. The Company may freely assign this Agreement in connection with a merger, acquisition, restructuring, or sale of all or substantially all of its assets.

19.5 Force Majeure

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, government actions, internet or power outages, strikes, pandemics, or acts of God.

19.6 Relationship of Parties

Nothing in this Agreement creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and the Company. You have no authority to bind the Company in any manner.

19.7 Notices

All formal notices to the Company under this Agreement shall be sent in writing to [Registered Office Address, City, Maharashtra, India – PIN] or by email to legal@brokerseva.com. Notices to you shall be sent to the email address registered on your account.

19.8 Language

This Agreement is written in the English language, which shall be the governing language for all purposes. Any translation is provided for convenience only.

20. Contact Information

For any questions, complaints, or notices regarding these Terms, please contact us at:

21. User Acknowledgement

BY USING THE BROKER SEVA PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT: (1) YOU HAVE READ THESE TERMS IN FULL; (2) YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE FULL LEGAL CAPACITY; (3) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; (4) YOU UNDERSTAND THAT THE COMPANY IS A TECHNOLOGY INTERMEDIARY AND NOT A PARTY TO ANY PROPERTY TRANSACTION; AND (5) YOU HAVE INDEPENDENTLY EVALUATED THE SUITABILITY OF THE PLATFORM FOR YOUR PROFESSIONAL NEEDS.

[BROKER SEVA PRIVATE LIMITED]  |  brokerseva.com  |  legal@brokerseva.com

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