Terms of Use for Moea, Inc.

1. Moea’s Role

Moea, Inc. and its affiliated brands, collectively referred to as the “Company” or “we,” provide services that assist you in various tasks related to real estate transactions. However, unless explicitly specified in the terms of use for a particular service (each a “Product’s Terms”), our services are not intended to provide financial, real estate, or related advice. We do not use information collected through the services to show you targeted advertising. For more details, refer to our Privacy Policy.

2. Our Brands and Businesses

The Services are offered by Moea, Inc. under the Moea name, including moea.com, the Moea app and Homelab. Any use of the Services, and of the features and programs offered through them, is subject to these Terms of Use.

1. Loan Information

   The Company may utilize and refer any information for use in loan-related decisions with your express permission. You acknowledge and agree not to use any information obtained from the Company services for loan-related decisions.

3. Eligibility; Accounts and Registration

You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that:

(a) You are at least 18 years of age. (b) You have not previously been suspended or removed from the Services. (c) Your registration and your use of the Services comply with all applicable laws and regulations.

To access certain features, you may need to register for an account and agree to a Product’s Terms if applicable. This may be incorporated herein or available on a separate Moea, Inc. site. When registering, you’ll provide accurate information about yourself, such as email address or phone number, and agree to keep it accurate and up-to-date. You’ll also create a password, and you’re responsible for maintaining the confidentiality of your account.

4. Use of the Services; Restrictions

1. Use of the Services

   As long as you comply with these Terms of Use, Moea, Inc. grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services and to download and use any App (as defined in Section 4(B) below) on your mobile device in object code form for personal use. Real estate, Title Company, Attorney, or Mortgage professionals may use the Services for professional purposes (“Pro Use”) if permitted by applicable law, provided they have obtained necessary authorizations and consents from their clients. Except as expressly stated herein, these Terms of Use do not grant a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party websites or otherwise. The Services may not be used for transactions in commercial real estate, including commercially zoned properties and vacation rentals.

2. Mobile Applications

   To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. Compatibility is not guaranteed, and any mobile data usage may result in additional charges from your wireless provider. You’re solely responsible for any applicable charges. Moea, Inc. may update any app and may automatically electronically update the version of any App installed on your mobile device. You consent to all automatic upgrades, and these Terms of Use apply to all updated versions of an App. Third-party open-source software included in an App is subject to the applicable open-source license.

3. Use of Content

   Subject to the restrictions in these Terms of Use, you may copy information from the Services for personal or Pro Use. Aggregate Data on Moea Local-Info Pages may be used for non-personal uses like real estate market analysis. You may display and distribute derivative works of the Aggregate Data, provided the Moea Companies are cited as a source. The citation may not include logos without prior written approval and should not imply any relationship beyond the Moea Companies being the source of the Aggregate Data. Displaying other Moea Companies’ data requires prior written approval.

5. Prohibited Use

By using the Services, you agree not to:

• Reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services.
• Provide/post/authorize a link to any of the Services from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution.
• Remove or modify any copyright or other intellectual property notices in the Services.
• Use the Services in any way that is unlawful or harms Moea, Inc., its service providers, suppliers, affiliates, or any other user.
• Use the Services in any way that discriminates against any individual or class of individuals protected under federal, state, or local laws or promotes illegal, racist, or discriminatory activities or outcomes.
• Distribute or post spam, unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services.
• Impersonate another person, misrepresent your affiliation, or make false representations to any third party.
• Reproduce, publicly display, or make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images, or information about real estate listings, or other data or content available through the Services, except as explicitly permitted.
• Upload invalid data, viruses, worms, or other software agents to the Services.
• Post content that Moea, Inc. considers illegal, offensive, or objectionable, including content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals.
• Interfere with or compromise the system integrity or security of the Services or bypass any measures to prevent or restrict access.
• Conduct automated queries on the Services.
• Use any of Moea, Inc.’s trademarks as part of your screen name or email address.
• Access or use the Services to develop competitive products or services.
• Attempt to, or permit or encourage any third party to do any of the above.

6. Fees

1. Generally

   You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and non-refundable. If fees change, we’ll provide advance notice, and if you don’t accept the changes, we may discontinue the applicable part of the Services.

   Our authorized third-party payment processors will charge the specified payment method at the time of purchase. You authorize us to charge all fees for the selected Services to that payment method.

   If you pay with a credit card, we may seek pre-authorization to verify its validity and available funds.

2. Memberships

   The Services may include features with automatically recurring payments (“Membership Service”). If activated, you authorize us to periodically charge accrued sums until cancellation. You must cancel before renewal to avoid the next periodic membership fee. We’ll bill to the provided payment method, and you’ll be notified in advance of any fee increase. Cancel through your account settings, contact us at support@moea.com, or contact your business consultant if applicable.

7. User Materials

1. UGC Definition; License Grant

   Certain parts of the Services may enable users to upload or provide Moea, Inc. with images, photos, video, data, text, listings, and other content (“User Materials”). Unless additional terms are provided in your Product’s Terms, by uploading or providing User Materials to the Services, you grant Moea, Inc. an irrevocable, perpetual, royalty-free worldwide license to:

   1. Use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media.
   2. Sublicense these rights to the maximum extent permitted by applicable law.

   We will not pay for your User Materials, and we may remove or modify them at any time. You are responsible for all User Materials made through your user account(s) on the Services.

   For all User Materials, you represent and warrant that you are the creator and owner of the User Materials or have the necessary licenses, rights, consents, and permissions to authorize Moea, Inc. and other users to access and use your User Materials. We will not use client contact information uploaded by agents into the Moea, Inc. Agent Hub portal for any purpose unless provided to us directly by the client.

2. UGC Disclaimer

   Moea, Inc. is not obligated to edit or control User Materials and will not be responsible or liable for any User Materials. We may, at any time and without notice, screen, remove, edit, or block any User content on the Services that violates these Terms of Use or is otherwise objectionable. We expressly disclaim liability for User Materials. If notified of non-compliance with these Terms of Use, we may investigate and, at our discretion, remove such User Materials.

8. 3rd Party/Linked Services/Sent Information

1. Generally

   The Services include links to third-party products, services, and websites, as well as materials provided by third parties. You are responsible for your use and submission of User Information to any third party. Moea, Inc. does not endorse and is not responsible for third-party products, services, websites, materials, or a Third-Party Provider’s use of your User Information.

   By using a tool allowing User Information transfer, you agree to Moea, Inc. transferring the applicable User Information to third parties not under our control. We are not responsible for damages arising from your dealings with these third parties.

2. Certain Third-Party Services
   1. Referrals and Lead Sales: As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale, acknowledging compensation for facilitating the connection. If a party has an affiliated relationship with Moea, Inc., we may receive a benefit from the referral between affiliates.
   2. Non-Affiliated Financial Products: If you contact a non-affiliated financial institution through the Services, you authorize Moea, Inc. to provide the information you submit to the Third-Party Provider. We are not responsible for underwriting activities, credit decisions, or any non-affiliated transactions. Consumers should rely on their judgment in selecting loan products.
3. Additional Terms for Third-Party Services
   1. Google Maps: Some Services use Google Maps, subject to Google’s terms of use and privacy policy.
   2. Stripe: Services allowing Stripe Connect are subject to the Stripe Connected Account Agreement.
   3. Plaid: Identity checks and bank connections made through Plaid are subject to Plaid's End User Privacy Policy.

9. Intellectual Property

The Services are owned by Moea, Inc. and are protected by intellectual property laws. Moea, Inc.’s Materials, including user interfaces, design, information, data, code, products, software, and graphics, are the property of Moea, Inc. or their Third-Party licensors. You may not use Moea, Inc.’s Materials except as expressly allowed by these Terms of Use. Intellectual Property Notices, including patents and trademarks, are provided, and any use of real estate listing images and descriptions is subject to copyright owner permission.

10. Feedback

If you provide input and suggestions regarding the Services (“Feedback”), you grant Moea, Inc. an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback for any purpose, including improving the Services or creating other products and services.

11. DMCA; Claims of Copyright Infringement

Moea, Inc. respects intellectual property rights. If you believe your work has been reproduced on the Services in a way constituting copyright infringement, follow the DMCA notification process. The provided information includes identification of the copyrighted work, location of the infringing material, your contact information, and a statement of accuracy.

12. Account Deletion; Changes to Agreement

You can delete your account at any time in the Moea app or at moea.com/delete-account; our Privacy Policy explains what is deleted and what is kept. Outstanding fees must be paid upon termination. Moea, Inc. may deactivate, suspend, or terminate your access to the Services at any time. Changes to the agreement will be communicated, and your continued use constitutes acceptance. You are responsible for regularly reviewing these Terms of Use.

13. Privacy Policy/Other Terms

1. Privacy Policy

   Moea, Inc. will collect, use, store, and disclose personal information according to the Privacy Policy, incorporated into these Terms of Use.

2. Other Terms

   Your use of the Services is subject to additional guidelines, rules, and agreements applicable to specific features, posted or linked from the Services.

14. Indemnification

You agree to indemnify and hold harmless Moea, Inc. and affiliates from third-party claims arising from your use of the Services, breach of these Terms, violation of law or third-party rights, disputes, User Materials, or willful misconduct.

15. No Warranties

Moea, Inc. provides the Services “as is” and disclaims all warranties, express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. You assume all risks associated with the use of the Services.

16. Limitation of Liability/Exclusive Remedy

Moea, Inc. and affiliates are not liable for indirect, consequential, special, or punitive damages. The aggregate liability is limited to the greater of the amount paid in the 12 months before the claim or $100. The limitations apply even if any limited remedy fails its essential purpose. Some jurisdictions may not allow certain limitations of liability.

17. Choice of Law; Disputes

These Terms of Use are governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Forsyth County, Georgia, for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. Moea, Inc. operates the Services from its offices in Georgia and makes no representation that the Services are appropriate or available for use in other locations.

18. General

You agree not to export any part of the Services or direct product thereof except in compliance with applicable export laws. The agreement may be amended only by a written agreement signed by authorized representatives. If any part of these Terms is invalid or unenforceable, it will be replaced with a valid provision, and the remainder will continue in effect. Section titles are for convenience only. Moea, Inc. may assign this agreement at any time with or without notice. You may not assign these Terms, or your rights in the Services. The failure to act on a breach does not waive the right to act on subsequent breaches. These Terms constitute the entire agreement between you and Moea, Inc. The following sections survive termination: 3, 5-8, 10-12, and 14-22.

19. Consent to Communications

By using the Services, you consent to receiving electronic communications from Moea, Inc. as described in the Privacy Policy. This consent does not cover text messages. Moea and agents on Moea text you only if you opt in separately, as described in section 23. Electronic notices, agreements, disclosures, or other communications satisfy legal requirements, including the need to be in writing. The Services may use web forms, links, or contact information, connecting you with Moea, Inc. or third parties. Communications may be recorded or monitored for quality assurance and may involve third-party services. You consent to recording, monitoring, and the practices outlined in the Privacy Policy.

20. Notice to California Residents

If you’re a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for complaint resolution or further information about the Service.

21. Contact Information and License Disclosures

The Services are offered by Moea, Inc., located at 325 Brannon Rd., Cumming, GA 30041. You can contact Moea, Inc. by mail at that address or by email at support@moea.com.

Moea, Inc. is not a licensed real estate brokerage or mortgage lender. Real estate agents who use Moea are licensed individually and work with their own brokerages.

For additional assistance, you can also visit our Support Center.

22. Notice to Apple Users

If you’re using mobile applications on an iOS device, these terms are between you and Moea, Inc., not Apple. Apple is not responsible for the Services or related materials. You agree to comply with applicable third-party terms when using the Services. Apple and its subsidiaries are third-party beneficiaries of Section 22, with the right to enforce it against you. You represent that you’re not located in a country subject to a U.S. Government embargo.

1. 23.1 Moea Agent Texting

   Licensed real estate agents on the Moea platform may text their own clients from a dedicated Moea business number (a “Moea Number”) operated by Moea, Inc. Messages sent through a Moea Number are one‑to‑one, conversational messages about your own home search: showing times, offer and document updates, appointment reminders and replies to your questions. They are not marketing messages and are never sent on behalf of any third party. Agents may also use their Moea Number to text another real estate agent, such as a listing agent, about a property inquiry, if that agent texted the Moea Number first or gave them permission to text.

   Moea Agent Texting is separate from the Alerts Program. An agent may text you from their Moea Number when any one of these is true:

   • You texted that agent’s Moea Number first. The agent can reply to your conversation.
   • You opted in to that agent by submitting the opt‑in form at moea.com/sms-opt-in with your mobile number and your agent’s Moea Number. Moea sends a confirmation text from your agent’s Moea Number; your agent can text you once it has been sent. If we could not send it right away, submit the form again later. Moea sends you at most one confirmation text a day from the same Moea Number (one more each time you reply STOP and opt in again).
   • You sent that agent a request through Moea, on moea.com or in the Moea app: a tour request, a message or request for information about a listing, a property request, or an offer, on a form that says the agents handling it may text you. They may text you about it at the verified mobile number on your Moea account.
   • You are that agent’s client on Moea: you accepted their invitation, or you connected with them as your agent.
   • You gave that agent permission to text you, for example in person, by phone or by email, and the agent confirmed that to Moea before texting you.

   Your STOP always wins: once you reply STOP, the agent cannot text you from that number on any of these (section 23.5). When your agent texts you first, that first text names your agent and Moea and tells you how to opt out; your agent’s replies to your texts do not. Message frequency varies with your conversation. Message and data rates may apply. Reply STOP to any message from a Moea Number to opt out, and HELP for help. Consent is not a condition of purchasing any property or service. We keep a record of each consent an agent texts you on, including each opt‑in made with the form, with the time and the IP address it came from (section 23.7). Program details: moea.com/sms-opt-in.

2. 23.2 Alerts Program (a separate program from Moea Agent Texting, sent from (800) 922-3517)

   By providing your mobile phone number and affirmatively opting in to Moea’s SMS alerts, you agree to receive recurring automated and/or live SMS and MMS messages from Moea, Inc. (“Moea”) related to real‑estate alerts, account notifications, and marketing content (the “Alerts Program”). Opting in to Moea Agent Texting (section 23.1) does not enroll you in the Alerts Program.

3. 23.3 Message Frequency

   Alerts Program: message frequency varies but will not exceed 4 messages per month unless you initiate additional interactions. Moea Agent Texting: message frequency varies with your conversation with your agent.

4. 23.4 Charges

   Message & Data Rates May Apply. Check with your carrier for details.

5. 23.5 Opt‑Out

   Alerts Program: you may cancel at any time by texting STOP to (800) 922-3517. After sending STOP you will receive one final confirmation message and no further messages will be sent from that number unless you opt in again. Moea Agent Texting: reply STOP to your agent’s Moea Number to opt out. While your STOP stands, your agent cannot text you from that number on any consent in section 23.1, including one you gave before. Texting START to the same number lets your agent text you again, but START on its own is not consent to texts: your agent still needs one of the consents in section 23.1. For an opt‑in made with the form, text START to the same number to restore the opt‑in that STOP ended and let your agent text you again. START restores that opt‑in only if the text that confirmed it went out and has not come back undelivered by the time you text START, and START never creates a new opt‑in. If that opt‑in has lapsed or was never confirmed, opt in again at moea.com/sms-opt-in.

6. 23.6 Help

   For support, reply HELP or email support@moea.com. You can also visit moea.com/support.

7. 23.7 Privacy

   Your phone number and related data are handled in accordance with our Privacy Policy. When you text with an agent through a Moea Number, that agent sees your mobile number and your conversation with them, and our SMS delivery provider receives your number so it can deliver the messages. We do not sell or rent your mobile number, and we do not share your mobile phone number or your messaging consent data with third parties or affiliates for marketing or promotional purposes; text messaging originator opt‑in data and consent are not shared with any third parties. For Moea Agent Texting, we retain proof of each opt-in made with the web form: your mobile number, your first name if you enter it, the time, the page, your IP address and browser, and the consent text shown. If you text an agent’s Moea Number first, we keep your texts to that number, which show that you started the conversation and when you last wrote. For a request you send an agent through Moea on a form that says the agents handling it may text you, we keep the agents it reached, your mobile number, the time, where you sent it from and the wording shown. When an agent confirms that you gave them permission to text you, we keep the agent, your mobile number, the time and the wording they confirmed. Each text an agent sends you through a Moea Number records which of these consents it was sent on.

8. 23.8 Consent Not a Condition

   Consent to receive SMS/MMS messages is not a condition of purchasing any property or service.

9. 23.9 Eligibility & Carrier Disclaimer

   The program is available on U.S. carriers including AT&T, Verizon, T‑Mobile, and others. Carriers are not liable for delayed or undelivered messages.

Want your agent to text you from their Moea Number? Opt in to Moea Agent Texting.