Terms of Service

These Terms of Service ("Terms") govern your access to and use of Pearson, a real-estate transaction and document-compliance platform provided by Blue Pebble Homes ("Blue Pebble Homes", "we", "us", or "our"). By creating an account, accessing, or using Pearson (the "Service"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who may use the Service

The Service is intended for real-estate brokers, agents, transaction coordinators, and their authorized staff, and for clients invited to a transaction. You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a brokerage or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" includes that organization.

2. Accounts and access

You are responsible for your account, for keeping your sign-in credentials secure, and for all activity under your account. If you invite delegates, team members, or clients, or are granted access to another user's transactions, you are responsible for using that access appropriately. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that create risk to the Service or to others.

3. The Service; license to you

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. Pearson is a tool that helps you organize, generate, and review documents and track deadlines — it is not a substitute for your own professional, legal, or compliance judgment (see Section 8).

4. Your data, and the rights you grant us

You retain ownership of the documents, information, and other content you submit to the Service ("Your Content").

To operate and improve the Service, you grant Blue Pebble Homes a worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works from, process, analyze, and otherwise use Your Content and all data and metadata generated through your use of the Service, for any purpose permitted by applicable law. This expressly includes:

• operating, maintaining, securing, and providing the Service to you and your collaborators;
• using artificial-intelligence and machine-learning systems (our own and our service providers') to process Your Content, and to train, fine-tune, evaluate, and improve models, features, and products;
• creating aggregated, anonymized, and de-identified data and insights, which we may use and disclose for any purpose, indefinitely, including analytics, benchmarking, research, and marketing; and
• developing new products and features.

This license continues for Your Content you submit while these Terms are in effect and, for any copies incorporated into backups, aggregated/de-identified datasets, or trained models, survives termination to the extent those copies cannot reasonably be separated out. How we handle personal information is described in the Privacy Policy.

You represent and warrant that you have all rights, consents, and authority necessary to submit Your Content — including personal information about third parties such as buyers, sellers, and other transaction participants — and to grant the license above, and that Your Content and our authorized use of it do not violate any law or the rights of any person.

5. Acceptable use

You agree not to:

• use the Service in violation of any law or any real-estate, licensing, fair-housing, consumer-protection, or privacy obligation that applies to you;
• upload content you do not have the right to upload, or that infringes or misappropriates anyone's rights;
• attempt to access data or accounts that are not yours, or probe, scan, or breach security;
• reverse engineer, scrape, or build a competing product from the Service; or
• interfere with the Service's operation or impose an unreasonable load on it.

6. Documents, e-signature, and third-party services

The Service helps you generate, send, and review documents and integrates third-party services (for example, electronic-signature, email, calendar, payment, and property-management providers). Those services are governed by their own terms, and your use of them is at your own risk. A document generated in Pearson is a draft and has no legal effect until it is properly completed and executed by all required parties through the applicable process. You are responsible for reviewing every document before it is sent, signed, or relied upon.

7. Fees

Some features (for example, per-file closing fees) may require payment. Where fees apply, they will be disclosed before you incur them and are processed by our payment provider. Except as required by law, fees are non-refundable.

8. AI and compliance disclaimer

Pearson uses automated and AI-assisted processing to read documents, extract information, flag potential compliance issues, draft documents, and answer questions. These outputs are assistive and may be incomplete or incorrect. They are not legal, financial, or compliance advice, and a result indicating that a document or deal is complete, clear, or compliant is not a guarantee. You remain solely responsible for the accuracy, completeness, legal sufficiency, and compliance of your transactions and documents, and for any decision you make using the Service.

9. Intellectual property

The Service, including its software, design, and content (other than Your Content), is owned by Blue Pebble Homes and its licensors and is protected by intellectual-property laws. Except for the license granted to you in Section 3, we reserve all rights. Feedback you provide may be used by us without restriction or obligation to you.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE PEBBLE HOMES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

12. Indemnification

You will defend, indemnify, and hold harmless Blue Pebble Homes and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of Your Content, your use of the Service, or your violation of these Terms or of any law or third-party right.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including for violation of these Terms. Upon termination, your license to use the Service ends. Sections that by their nature should survive (including Sections 4, 9–12, and 15) survive termination.

14. Changes to the Service or these Terms

We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Colorado will have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there.

16. Contact

Questions about these Terms? Contact us at privacy@bluepebblehomes.com.