Terms of Service

Kovera is a private home-matching service. Kovera learns your preferences from your own in-product choices and matches you with homes that fit them, including homes not currently listed for sale, and provides analysis of whether a move is feasible for you. Homeowners use Kovera free. Licensed real estate agents can use Kovera with their clients: one active client at no charge, or more with a paid Kovera Premium Agent subscription. Real estate teams and brokerages can join the Kovera Partner Program under a separate written agreement.

Kovera shares your personal information with a licensed real estate professional, contractor, or mortgage professional only when you explicitly request that introduction, and tells you who will receive it before you confirm. Kovera may tell a real estate professional that someone has shown interest in a property in their area, without identifying who.

Kovera, Inc. is a technology company and is not a licensed real estate brokerage, agent, mortgage lender, or consumer reporting agency. Real estate brokerage services connected with Kovera are provided by Kovera’s affiliated brokerage, currently Consoli Realty Group, LLC (Massachusetts brokerage license #9461-RE-LC), or by an independent licensed professional, not by Kovera, Inc. Michael Consoli, the majority owner of Consoli Realty Group, LLC, is a minority owner of Kovera, Inc. Before any introduction, Kovera shows you an Affiliated Business Arrangement Disclosure that describes this relationship and the referral fee, and asks you to acknowledge it. When you ask to be connected about a home in an area served by a Kovera Partner, you are introduced to that Partner’s agents, and if a transaction is completed, the Partner’s brokerage may pay a referral fee to Kovera’s affiliated brokerage. In other areas, Kovera’s affiliated brokerage may work with you directly. You pay nothing extra because of a referral fee, and you are never obligated to work with anyone Kovera introduces. Kovera does not provide credit reporting services.

Account types

A Homeowner uses the Services to explore homes for themselves. An Agent represents that they are a licensed real estate professional and uses the Services on behalf of their clients. A Partner is a real estate team, brokerage, or professional that has signed a Kovera Partner Agreement. Some sections of these Terms apply only to certain account types, as those sections say.

Real estate industry compliance

Kovera’s Services are subject to the federal and state laws that apply to real estate technology platforms, including fair housing laws, real estate licensing and referral-fee laws, the Real Estate Settlement Procedures Act (RESPA), and the Fair Credit Reporting Act (FCRA), to the extent they apply.

Kovera does not discriminate, and its matching does not use or infer race, color, religion, sex, disability, familial status, national origin, or any other characteristic protected under federal, state, or local law.

Where Kovera facilitates an introduction between you and a licensed real estate professional, contractor, or mortgage professional, any fee arrangement between Kovera or its affiliates and that professional or their brokerage is structured to comply with applicable law.

Nothing in these Terms creates a real estate brokerage, agency, or fiduciary relationship between you and Kovera or Kovera’s affiliated brokerage. Any such relationship must be set up separately, in writing, with a licensed real estate professional.

You may need an account to use parts of the Services. When you create one, you agree that the information you give us is true, accurate, and complete, and that you will keep it up to date. You are responsible for keeping your sign-in details private and for everything that happens under your account.

You also agree that you have the legal capacity to accept these Terms, and that you will use the Services lawfully and only as these Terms allow. If information you give us is untrue or out of date, we may suspend or close your account.

Eligibility. If you use the Services as an Agent, you represent and warrant that you hold an active real estate license in good standing in each jurisdiction where you use the Services with clients, and that you will comply with the laws and brokerage rules that apply to your license. We may ask you to verify your license and may suspend your Agent access if you do not.

Your clients. You may add a home to your list only for a client you represent or who has given you permission. You are responsible for having the right to give us any information you enter about a client, including their address and payment range. You cannot add a home whose owner has claimed it on Kovera, or that is already on another Agent’s list.

How many clients. Agents may have one active client at a time at no charge. Kovera Premium Agent allows more, as described in Fees, subscriptions and billing.

When a client leaves your list. A client may leave your list, without advance notice to you, if:

• the homeowner claims the home on Kovera;
• the home is marked as not available, for example after a report that its owner will not move;
• you have not used that client’s board for a period of time (currently 45 days); or
• you remove the client.

If your Premium subscription ends, some clients may be set aside, as described in Fees, subscriptions and billing.

Your relationship with your clients is between you and them. Kovera is not a party to it, and is not responsible for your advice, services, or conduct.

The Kovera Partner Program gives real estate teams and brokerages access to software, data, and alerts about activity in the areas they choose. Homeowners in a Partner’s area who ask to be connected are introduced to that Partner through Kovera’s affiliated brokerage, under a separate broker-to-broker referral agreement. Participation requires a signed Kovera Partner Agreement. If the Partner Agreement and these Terms conflict, the Partner Agreement controls for that Partner.

Partners and members of their teams are independent businesses. They are not employees or agents of Kovera or Kovera’s affiliated brokerage.

Members of a Partner’s team may receive Kovera Premium Agent at no charge, as described in Fees, subscriptions and billing, for as long as the Partner’s access code remains active.

Fees. Kovera is free for Homeowners. Agents may use Kovera at no charge with one active client at a time. Kovera Premium Agent is a paid subscription that lets an Agent work with as many active clients as they like, subject to reasonable-use limits we may set to protect the Services. The price is shown at checkout (currently $67 per month, plus applicable taxes).

Payment. Payments are processed by our payment provider, HubSpot, which holds your card details. Use the same email address at checkout as your Kovera account, so we can match your subscription to your account.

Automatic renewal. Your subscription renews automatically each month, and your payment method is charged at the start of each billing period until you cancel.

Cancellation. You can cancel at any time in our billing portal at https://244926146.hs-sites-na2.com/billing. Cancellation takes effect at the end of your current billing period. You will not be charged again, and Premium stays active until then.

Refunds. Payments are non-refundable, including for partial billing periods, except where required by law or as described in Suspension and termination.

Failed payments. If a renewal payment fails, Premium continues for up to 7 days after the payment was due while our payment provider retries it. If the payment is not completed in that time, or the subscription is canceled, Premium ends.

When Premium ends. You keep your most recently added client. Your other clients are set aside, and they come back if you renew, where they are still available. A client whose home has since been claimed by its owner, marked as not available, or added by another Agent will not come back.

Partner access codes. Members of a Kovera Partner team may receive an access code that provides Premium at no charge. A code may be used only by members of the team it was issued to, and may not be shared outside that team, sold, or transferred. We may deactivate a code at any time, including when the Partner’s participation ends. When a code is deactivated, Premium ends for everyone using it, as described above.

Price changes. We will notify subscribers at least 30 days before a price change takes effect. The new price applies from your first billing period after that date. If you do not want to pay the new price, you can cancel before then.

Agents and Partners may use the Services in their real estate business as described in these Terms and, for Partners, in their Partner Agreement. Otherwise, you may use the Services only for your own personal use, and not for any other commercial purpose unless we approve it in writing. You agree not to:

• copy, scrape, or collect data or content from the Services, by automated means or otherwise, to build a collection or database, without our written permission;
• use bots, scripts, scrapers, or other automated systems to access the Services, except as a standard search engine or browser does;
• copy, adapt, decompile, or reverse engineer the Services’ software, matching methods, or models, except as the law expressly allows;
• get around, disable, or interfere with the Services’ security features or usage limits, or try to reach parts of the Services you are not permitted to use;
• interfere with or overload the Services or the networks connected to them, or upload viruses or other harmful code;
• impersonate another person or use someone else’s account;
• sell or transfer your account or profile;
• trick, defraud, or mislead us or other users, or give false or misleading information about yourself, including whether you are represented by a licensed real estate agent or the monthly payment you are targeting;
• use information from the Services to harass, abuse, or harm anyone, or collect users’ names or email addresses to send them unsolicited messages;
• use the Services in violation of any law, including fair housing laws;
• if you are an Agent, add a home or client other than one you represent or have the client’s permission to add;
• if you are an Agent, report what a homeowner told you (for example, that they would or would not move) unless the homeowner told you directly, or through their own agent passing on their words, and you report it accurately;
• share a Partner access code with anyone outside the Partner team it was issued to, or sell or transfer it;
• attempt to identify, or contact, any person who has shown interest in a property through the Services, unless that person has asked to be introduced to you;
• use the Services to contact property owners in violation of applicable law, including telemarketing, anti-spam, and fair housing laws; or
• use the Services to build or support a competing product or service.

You may provide information and content through the Services, such as your preferences, addresses, a homeowner’s statement you relay as an Agent, and any quote you save with it (“Your Content”). You keep ownership of Your Content.

You give Kovera a worldwide, non-exclusive, royalty-free license to host, store, use, copy, display, and adapt Your Content to operate, provide, and improve the Services, as described in these Terms and our Privacy Policy. This license lasts for as long as we hold Your Content.

You are responsible for Your Content. You confirm that you have the right to provide it, that it is accurate, and that it does not infringe anyone’s rights, violate anyone’s privacy, or break the law. We may remove or restrict any of Your Content that we reasonably believe breaks these Terms.

If you send us feedback or suggestions about the Services, we may use them without any obligation to you.

The Services, including their software, design, text, images, visualizations, and data compilations, and the Kovera name and logo, are owned by Kovera or its licensors and are protected by intellectual property laws. Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Services for the purposes these Terms allow. All other rights are reserved. To ask about any other use, write to legal@kovera.io.

Our Privacy Policy explains what personal information we collect, how we use it, who we share it with, and the choices you have. Our Cookie Policy explains the cookies and similar technologies we use. Both are part of these Terms. The Services are hosted in the United States. If you use them from elsewhere, your information will be transferred to and processed in the United States.

The Services rely on and link to services run by other companies, such as our payment provider and mapping services. We are not responsible for third-party websites or content, and their own terms and privacy policies apply when you use them. Any purchase you make from a third party is between you and that third party.

If you believe material on the Services infringes a copyright you own or control, send a notice that meets the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to our Designated Copyright Agent. It must include: your physical or electronic signature; the copyrighted work you claim is infringed; the material you claim is infringing, with enough detail for us to find it; your contact details; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the copyright owner.

If you believe material of yours was removed by mistake, you may send a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). Knowingly false notices or counter-notices can create liability for damages.

Designated Copyright Agent: Kane Smith, Attn: Copyright Agent, 40R Merrimac Street, Suite 201 East, Newburyport, MA 01950, United States. kane@kovera.io

We may change, suspend, or stop any part of the Services at any time. We will give subscribers notice of price changes as described in Fees, subscriptions and billing. We aim to keep the Services available, but we cannot promise they will always be available or error-free, and we may need to interrupt them for maintenance. We may also correct errors or inaccuracies in the Services at any time.

These Terms apply for as long as you use the Services. You can stop using the Services at any time. We may suspend or close your account, or restrict your access, at any time, including if we reasonably believe you have broken these Terms or the law. If we do, you may not create a new account without our permission.

If we end your paid subscription for a reason other than your breach of these Terms, we will refund the unused portion of your current billing period.

We may update these Terms. When we do, we will change the “Last updated” date at the top of this page. For material changes, we will tell account holders by email or in the app before the changes take effect. By continuing to use the Services after that date, you accept the updated Terms. Earlier versions remain available on request at legal@kovera.io.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR THEIR CONTENT ARE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, AND WE ARE NOT RESPONSIBLE FOR THIRD-PARTY PRODUCTS, SERVICES, OR CONTENT, OR FOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.

IN PARTICULAR: (A) MATCHES, MOVE-FEASIBILITY ANALYSIS, AND PAYMENT ESTIMATES ARE ESTIMATES BASED ON MODELS AND THIRD-PARTY DATA. THEY ARE NOT AN APPRAISAL, AND THEY ARE NOT FINANCIAL, LENDING, TAX, OR LEGAL ADVICE OR AN OFFER OF CREDIT. (B) IMAGES OF HOMES ARE VISUALIZATIONS OF A REAL ADDRESS, CREATED OR ALTERED WITH SOFTWARE. THEY DO NOT SHOW THE ACTUAL CONDITION, INTERIOR, OR FEATURES OF ANY PROPERTY. (C) SHOWING A HOME IN THE SERVICES DOES NOT MEAN IT IS FOR SALE OR THAT ITS OWNER WILL SELL IT. (D) STATEMENTS ABOUT A HOMEOWNER’S PLANS THAT ARE REPORTED BY AGENTS OR OTHER USERS COME FROM THOSE USERS. WE MAY REVIEW SOME OF THEM, BUT WE ARE NOT RESPONSIBLE FOR THEIR ACCURACY.

You are responsible for the data you provide. We keep routine backups, but we are not liable for loss or corruption of your data, to the extent the law allows.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KOVERA NOR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, WHATEVER THE FORM OF ACTION, IS LIMITED TO THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some laws do not allow these disclaimers or limitations. Where they apply to you, some or all of the above may not apply, and you may have additional rights.

You agree to defend, indemnify, and hold harmless Kovera and its affiliates, officers, agents, partners, and employees from any third-party claim, loss, liability, or demand, including reasonable attorneys’ fees, arising from: Your Content; your use of the Services; your breach of these Terms or of your representations and warranties in them; your violation of anyone else’s rights; or any harmful act toward another user you connected with through the Services. We may take over the defense of any such claim at your expense, and you agree to cooperate with us. We will make reasonable efforts to tell you about any such claim when we become aware of it.

Informal negotiation first. If you or we have a dispute, controversy, or claim related to these Terms or the Services (a “Dispute”), the party raising it will send written notice to the other, and we will both try to resolve it informally for at least 30 days before starting arbitration.

Binding arbitration. If informal negotiation does not resolve the Dispute, it will be finally resolved by binding arbitration, except for the Disputes excluded below. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”). Your arbitration fees and your share of the arbitrator’s compensation are governed, and where appropriate limited, by the AAA Consumer Rules; if the arbitrator finds these costs excessive, we will pay all arbitration fees and expenses. The arbitration may be held in person, on documents, by phone, or online. The arbitrator will decide in writing, must follow applicable law, and need not give reasons unless either party asks. Unless the AAA rules or applicable law require otherwise, the arbitration will take place in New Castle County, Delaware.

Individual claims only. To the fullest extent permitted by law, any arbitration will be limited to the Dispute between you and us individually: no arbitration will be joined with any other proceeding, and no Dispute may be arbitrated or brought as a class action or in a representative capacity on behalf of anyone else.

Exceptions. The informal negotiation and arbitration provisions do not apply to: Disputes to enforce, protect, or concern the validity of either party’s intellectual property rights; Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; or claims for injunctive relief.

Courts. Either party may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award. Any Dispute that proceeds in court will be brought in the state or federal courts located in New Castle County, Delaware, and both parties consent to personal jurisdiction and venue there. If any part of this section is found illegal or unenforceable, Disputes covered by that part will be decided by those courts, and neither party will elect to arbitrate them.

Time limit. Any Dispute related to the Services must be started within one year after the cause of action arose. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.

These Terms and your use of the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules.

You may not use information or introductions obtained through Kovera to knowingly get around a referral arrangement between Kovera and a licensed brokerage, contractor, or mortgage professional in order to avoid fees owed under that arrangement.

When Kovera facilitates an introduction to a licensed real estate professional, contractor, or mortgage professional, your relationship with that professional is separate from, and independent of, your relationship with Kovera. Kovera is not a party to, and assumes no responsibility for, any transaction, agreement, or representation between you and that professional. Any brokerage or agency relationship must be set up directly, in writing, with the licensed professional.

If an Agent added you to Kovera as their client, your relationship with that Agent exists independently of Kovera, and the same applies: Kovera is not a party to it and assumes no responsibility for it.

Using the Services, emailing us, and completing online forms are electronic communications. You agree to receive communications from us electronically, and that agreements, notices, disclosures, and other communications we send electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and records of transactions.

If a complaint with us is not resolved to your satisfaction, 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 phone at (800) 952-5210 or (916) 445-1254.

These Terms, together with any policies we post for the Services and, for Partners, the Partner Agreement, are the entire agreement between you and us about the Services. If we do not enforce a right or provision, that is not a waiver of it. If any provision is found unlawful or unenforceable, it is severed and the rest of these Terms still apply. We may assign our rights and obligations under these Terms. We are not responsible for delays or failures caused by events beyond our reasonable control. These Terms do not create a joint venture, partnership, employment, or agency relationship between you and us, and will not be interpreted against us because we drafted them.

Kovera, Inc., 122 E 42nd St, 4th Fl #1030, New York, NY 10168, United States. Phone (646) 917-8477. Fax (646) 809-8569. legal@kovera.io

Registered office: 251 Little Falls Drive, Wilmington, DE 19808, United States.