NextMoveHQ Terms of Service

Effective Date: August 29, 2025 • Last Updated: August 29, 2025

These Terms of Service (collectively with NextMoveHQ's Privacy Policy and any other policies referenced herein, the "Terms of Service") set forth legally binding terms and apply to your use of www.nextmovehq.com and any other NextMoveHQ branded website or application controlled by Flux Capital RE 1 LLC (collectively, the "Platform") and any services, products, features, content, or applications offered by Flux Capital RE 1 LLC d/b/a NextMoveHQ (collectively, "NextMoveHQ," "we," "us," or "our") (together with the Platform, the "Services").

IMPORTANT NOTICE: NextMoveHQ is a technology platform provider. We are not a licensed real estate brokerage, broker, or agent. We do not provide real estate brokerage services, legal advice, financial advice, or tax advice.

"Agents" are licensed real estate professionals who subscribe to and use our Platform. Agents are independent users and are not employees or contractors of NextMoveHQ.

"Brokerages" are registered real estate brokerage entities that may have multiple Agents affiliated with them using our Platform.

"Clients" are buyers, sellers, renters, or landlords who work with Agents through our Platform's client portal features.

THESE TERMS OF SERVICE INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 16 FOR MORE INFORMATION.

1. Acceptance of Terms of Service

Binding Contract

BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE PLATFORM AND/OR THE APPLICATIONS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY US OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR BROKERAGE, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.

Applicability

These Terms of Service apply to all users of the Services, including Agents, Brokerages, Clients, and users who are contributors of comments, reviews, photos, video, content, information, and other materials or services, registered or otherwise.

2. Eligibility

Eligibility Requirements

You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.

For Agents: You must hold a valid, current real estate license in the jurisdiction(s) where you operate to access the full Agent portal features of the Platform.

For Clients: You must be of legal age to enter into contracts in your jurisdiction to use the Client portal features.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Service is compliant with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation.

Non-U.S. Users

The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States.

3. What We Do

Our Services

NextMoveHQ provides a comprehensive technology platform that enables:

• For Agents: Tools for customer relationship management (CRM), marketing automation, transaction management, lead generation, property search and management, tour scheduling, commission tracking, and business analytics
• For Brokerages: Administrative oversight tools, compliance management, performance tracking, and agent management systems
• For Clients: Transaction visibility, document management, property browsing, and communication with their agents

We provide technology services only. We are not a party to any real estate transaction, do not provide real estate brokerage services, and do not offer legal, financial, or tax advice.

Please Be Smart

You understand and agree that we are not a party to any agreement you enter into with any other user, whether or not that agreement is facilitated through the Services, and you acknowledge that you are solely responsible for your interactions, correspondence, and transactions with other users of the Services.

Please:

• Exercise good judgment and common sense
• Conduct all necessary, appropriate, and prudent inquiries, investigations, research, and due diligence
• Take all necessary precautions when interacting with others or publicly posting Content

For purposes of these Terms of Service, the term "Content" includes, without limitation, listings, information, data, text, inquiries, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, comments, market reports, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services, as well as all User Content.

Advertising

Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, and sponsored content in connection with the Services.

4. Registration

Account

To utilize the Services, you will be required to register for an account (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not:

• Select or use as a username a name of another person with the intent to impersonate that person
• Use a username subject to any rights of a person other than you without appropriate authorization
• Use a username that is otherwise offensive, vulgar, or obscene

You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account.

Subscription and Payment

Agent Subscriptions: Access to the Agent portal requires a monthly subscription of $199 per Agent. Subscription fees are billed monthly in advance and are non-refundable.

Brokerage Subscriptions: Brokerages pay $199 per month for each Agent seat under their organization.

All subscription fees are subject to change upon thirty (30) days' notice.

5. License Grant

License to Use Services

Subject to these Terms of Service and payment of applicable fees, we grant each Agent and Brokerage a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services for business purposes related to real estate activities. Client users receive a limited license to access the Client portal for personal, non-commercial purposes.

Content Ownership and Licensing

NextMoveHQ Content: All Content provided by NextMoveHQ, including but not limited to software, designs, features, and functionality, is owned by us and protected by intellectual property laws.

User Content License: By uploading, submitting, or otherwise providing any Content through the Services (except for Contact Details as defined below), you hereby grant NextMoveHQ an irrevocable, worldwide, perpetual, royalty-free, fully paid, sublicensable, and transferable license to all such Content, and NextMoveHQ shall own all right, title, and interest in and to such Content.

Contact Details Exception: Notwithstanding the above, you retain ownership of your contact information and client contact details ("Contact Details"). You grant us a limited license to use Contact Details solely for the purpose of providing the Services to you.

Availability of Content

We do not guarantee that any Content will be made available through the Services. We reserve the right to remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and for any reason or no reason at all.

6. Rules of Conduct

Prohibited Uses

As a condition of use, you shall not:

1. Scrape, harvest, or extract data from the Services through any means (automated or manual)
2. Exploit the Platform in any unauthorized way, including circumventing fees or subscription requirements
3. Hack or gain unauthorized access to any portion of the Services or any other user's account
4. Interfere with or disrupt the Services or servers or networks connected to the Services
5. Use automated systems including bots, spiders, scrapers, or any data mining tools
6. Reverse engineer, decompile, or disassemble any part of the Services
7. Copy, modify, or create derivative works of the Services or any Content (except your own Contact Details)
8. Violate any applicable laws, including real estate regulations, fair housing laws, or privacy laws
9. Impersonate any person or entity or misrepresent your affiliation with any person or entity
10. Upload viruses or malicious code or any files that may damage the operation of the Services
11. Use the Services for any illegal purpose or to solicit others to perform illegal acts
12. Harass, abuse, or harm another person or entity
13. Provide false or misleading information in your account or in any Content
14. Share your account credentials or allow unauthorized access to your account
15. Circumvent any security features or access restrictions of the Services
16. Use the Services to compete with NextMoveHQ or to build a similar or competitive service
17. Violate the intellectual property rights of NextMoveHQ or any third party
18. Manipulate any pricing, listings, or data without proper authorization
19. Contact or solicit other users for purposes unrelated to legitimate real estate transactions
20. Use the Services in any manner that could damage, disable, overburden, or impair the Services

Our Additional Rights

• Access, read, preserve, and disclose any information as we reasonably believe is necessary to comply with law or court order
• Enforce these Terms of Service, including investigation of potential violations
• Detect, prevent, or otherwise address fraud, security, or technical issues
• Respond to user support requests
• Protect the rights, property, or safety of NextMoveHQ, our users, and the public

7. Equal Housing Opportunity

We support equal housing opportunity and fair housing laws. All users must comply with federal, state, and local fair housing laws and regulations. We prohibit discrimination based on race, color, religion, sex, handicap, familial status, national origin, or any other protected class.

8. User Content; Intellectual Property Rights

User Content Standards

All Content you provide must be accurate, complete, up-to-date, and in compliance with all applicable laws. You must not post Content that:

• Infringes any intellectual property or other proprietary rights
• Is false, misleading, or deceptive
• Is unlawful, threatening, discriminatory, hateful, or harassing
• Is defamatory, libelous, or invasive of privacy
• Is obscene, vulgar, pornographic, or offensive
• Contains viruses or malicious code
• Violates fair housing laws or regulations
• Constitutes unauthorized advertising or spam
• Impersonates any person or entity
• Violates any applicable law or regulation

Intellectual Property Rights

The Platform and all Content (except Contact Details you provide) are owned by NextMoveHQ or our licensors and are protected by copyright, trademark, and other intellectual property laws. The NextMoveHQ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NextMoveHQ. You must not use such marks without our prior written permission.

9. Third Party Services

The Platform may integrate with third-party services such as MLS systems, payment processors, document management systems, and marketing platforms. Your use of any third-party services is governed by their respective terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.

10. Payment Processing

Subscription Payments

Subscription fees are processed through Stripe, Inc. By providing payment information, you authorize us to charge your payment method for all fees incurred. Your payment information is transmitted directly to and processed by Stripe in accordance with their terms and privacy policy.

Marketing Expenses

In select scenarios, we may facilitate payment for marketing expenses through the Platform. These transactions are processed by Stripe and subject to their terms. We do not process commission payments through the Platform.

Taxes

You are responsible for all applicable taxes related to your use of the Services. We may collect and remit sales tax where required by law.

11. Termination

Termination by NextMoveHQ

• Breach of these Terms of Service
• Non-payment of fees
• Fraudulent or illegal activity
• Request by law enforcement or court order
• Extended periods of inactivity
• Unexpected technical issues or security concerns

Termination by You

You may terminate your Account at any time by contacting us at Support@nextmovehq.com. Termination does not entitle you to any refunds of fees paid.

Effect of Termination

• Your right to use the Services immediately ceases
• We may delete your Account and associated data (except as required by law)
• All provisions of these Terms that by their nature should survive termination shall survive

12. Warranty Disclaimer

No Professional Advice

WE DO NOT PROVIDE REAL ESTATE BROKERAGE SERVICES, LEGAL ADVICE, FINANCIAL ADVICE, TAX ADVICE, OR ANY OTHER PROFESSIONAL SERVICES. THE PLATFORM IS A TECHNOLOGY TOOL ONLY. YOU SHOULD CONSULT APPROPRIATE LICENSED PROFESSIONALS FOR SUCH ADVICE.

No Warranties

• THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
• ANY DEFECTS OR ERRORS WILL BE CORRECTED
• THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

13. Indemnification

You shall defend, indemnify, and hold harmless NextMoveHQ, Flux Capital RE 1 LLC, and their respective employees, contractors, directors, suppliers, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:

• Your use or misuse of the Services
• Your violation of these Terms of Service
• Your violation of any applicable law or regulation
• Your infringement of any intellectual property or other right of any person or entity
• Any Content you provide through the Services
• Your interactions or disputes with other users
• Your real estate transactions or activities

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you.

14. Limitation of Liability

Liability Cap

IN NO EVENT SHALL NEXTMOVEHQ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1,000).

No Consequential Damages

IN NO EVENT SHALL NEXTMOVEHQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND EVEN IF NEXTMOVEHQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Acknowledgment

• User Content or the conduct of any user
• Any real estate transaction or outcome
• The accuracy of any listing or property information
• Any damages resulting from your reliance on information provided through the Services

15. Releases

You release NextMoveHQ and its officers, directors, employees, agents, and affiliates from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or related to:

• Disputes with other users
• Real estate transactions
• Content accessed through the Services
• Your use of the Services

You waive any applicable law that provides that a general release does not extend to unknown claims.

16. ARBITRATION CLAUSE AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

Binding Arbitration

YOU AND NEXTMOVEHQ AGREE THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY JAMS UNDER ITS STREAMLINED ARBITRATION RULES & PROCEDURES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

• Conducted by a single arbitrator
• Governed by the Federal Arbitration Act
• Held in Los Angeles, California (or via videoconference if mutually agreed)

Class Action Waiver

YOU AND NEXTMOVEHQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Costs and Fees

THE PARTY THAT DOES NOT PREVAIL IN ARBITRATION SHALL PAY ALL COSTS AND FEES, INCLUDING THE OTHER PARTY'S REASONABLE ATTORNEYS' FEES AND THE ARBITRATOR'S FEES.

Severability

If the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void.

Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

Time Limit

ANY CAUSE OF ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Without limiting the arbitration obligations above, you agree to submit to the jurisdiction and venue of the state and federal courts of Los Angeles County, California.

18. User Disputes

We are not obligated to intervene in disputes between users. You agree to resolve disputes directly with other users. We have no authority to legally bind third parties or force resolution of disputes.

19. Export Control

You represent and warrant that:

• You are not located in a country subject to U.S. Government embargo
• You are not on any U.S. Government list of prohibited or restricted parties
• You will not use the Services for any purpose prohibited by U.S. export laws

20. Feedback

Any feedback, suggestions, or ideas you provide about the Services become our property. You assign all rights in such feedback to us and agree to assist us in documenting and protecting those rights if requested.

21. Modification

We may modify these Terms of Service at any time. Material changes will be notified via email or Platform notice. Your continued use after notification constitutes acceptance of the changes.

22. Mobile Application Terms

iOS Application

• The application is licensed for use only on Apple devices you own or control
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for any claims related to the application
• In case of intellectual property infringement claims, we (not Apple) are responsible
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS application

23. Miscellaneous

Entire Agreement

These Terms of Service constitute the entire agreement between you and NextMoveHQ regarding the Services and supersede all prior agreements.

Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

Notices

Headings

Section headings are for convenience only and do not affect interpretation.

Third Party Rights

Our licensors and service providers are third-party beneficiaries of these Terms and may enforce them directly.

24. Contact

25. Special Provisions for California Users

California users have specific rights under California law. See our Privacy Policy for information about California privacy rights.

26. Copyright and DMCA

We respect intellectual property rights. If you believe Content infringes your copyright, please contact us with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

Send DMCA notices to Support@nextmovehq.com.