Terms of Service — Part 1 of 4

Effective Date: July 20, 2026

1. Introduction and Overview

Welcome to Hometor. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Hometor, a sole proprietorship operated by the owner under the business name “Hometor,” with a place of business in Saint John, New Brunswick, Canada (“Hometor,” “we,” “us,” or “our”). By accessing or using the website located at hometor.ca (the “Website”), any related subdomains, mobile-optimized versions, and all associated services, features, tools, and content provided by Hometor (collectively, the “Platform”), you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Platform.

Hometor operates exclusively as an online real estate marketplace. Hometor is not a real estate brokerage, real estate agency, or real estate salesperson, and it is not registered as such under the Real Estate Agents Act (New Brunswick) or any other provincial or territorial real estate legislation. Hometor does not own, buy, sell, list, lease, manage, appraise, or finance any properties. Hometor does not represent any buyer or seller in any transaction. Hometor’s sole function is to provide a digital venue where Users may list residential and other properties for sale, upload related content, and use a direct messaging system to communicate with other Users who may be interested in purchasing such properties. Any agreement for the sale or purchase of a property is formed solely between the Users involved. Hometor is not a party to any such transaction and bears no responsibility for the actions, omissions, representations, or obligations of any User.

2. Definitions and Interpretation

2.1 Definitions

In these Terms, the following definitions apply:

(a) “Account”

means a User account created on the Platform in accordance with Section 4.

(b) “Buyer”

means a User who browses, views, contacts a Seller about, or expresses interest in purchasing a property listed on the Platform.

(c) “Content”

means all text, images, photographs, videos, descriptions, pricing information, property details, floor plans, messages, reviews, comments, data, and any other materials uploaded, posted, transmitted, displayed, or otherwise made available on or through the Platform by a User.

(d) “Direct Messaging System”

means the internal messaging functionality provided by the Platform that enables Sellers and Buyers to communicate privately without publicly disclosing personal contact information.

(e) “Intellectual Property Rights”

means all intellectual and industrial property rights of any nature, whether registered or unregistered, including copyright, moral rights, trade-marks, trade names, domain names, patents, industrial designs, trade secrets, and any applications for registration of the foregoing.

(f) “Listing”

means an advertisement for a property created and posted by a Seller on the Platform, including all associated Content.

(g) “PIPEDA”

means the Personal Information Protection and Electronic Documents Act (Canada) and any regulations made thereunder, as amended from time to time.

(h) “Promoted Listing”

means a Listing for which a Seller has paid a fee to enhance its visibility or placement on the Platform, as described in Section 8.

(i) “Seller”

means a User who creates, posts, or manages a Listing on the Platform, whether as the legal owner of the property or as a person duly authorized by the legal owner to market the property.

(j) “Stripe”

means the third-party payment processor, Stripe Payments Canada, Ltd., and its affiliates, through which all payments for Promoted Listings are processed.

(k) “User”

means any individual who creates an Account or otherwise accesses or uses the Platform, including both Buyers and Sellers.

(l) “User-Generated Content”

means Content created or provided by Users.

2.2 Interpretation

In these Terms, unless the context otherwise requires: (i) headings are for convenience only and do not affect interpretation; (ii) words importing the singular include the plural and vice versa; (iii) “including” means “including without limitation”; and (iv) reference to any statute or regulation includes any amendment, replacement, or re-enactment thereof.

3. Eligibility and Age of Majority Requirement

3.1 Age of Majority

The Platform is intended solely for individuals who have reached the age of majority in their province or territory of residence. By creating an Account or using the Platform, you represent and warrant that you are at least the age of majority in the province or territory in which you reside. For reference, the age of majority is 19 years in New Brunswick, British Columbia, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon; and 18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. If you are not of the age of majority in your province or territory, you must immediately cease all use of the Platform. Hometor reserves the right to request proof of age and to suspend or terminate any Account that does not satisfy this requirement.

3.2 Legal Capacity

In addition to meeting the age requirement, you represent that you possess the legal capacity to enter into a binding contract under the laws of your province or territory of residence and the laws of Canada. If you are using the Platform on behalf of a corporation, partnership, trust, estate, or other legal entity, you represent that you have full authority to bind that entity to these Terms.

3.3 Compliance with Laws

You represent that your use of the Platform will at all times comply with all applicable federal, provincial, territorial, and municipal laws, regulations, and by-laws, including those governing real estate marketing, consumer protection, privacy, anti-spam, and electronic commerce.

4. Account Creation, Security, and Accuracy

4.1 Account Registration

To access certain features of the Platform, including listing a property or using the Direct Messaging System, you must create an Account by providing a valid email address and creating a password, along with any additional information Hometor may reasonably request from time to time. You agree to provide accurate, current, and complete information during the registration process and to update your Account information promptly if it changes.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify Hometor immediately at housetor@gmail.com of any unauthorized use of your Account or any other breach of security. Hometor shall not be liable for any loss or damage arising from your failure to comply with this security obligation. You acknowledge that you may be held liable for losses incurred by Hometor or any other User due to unauthorized use of your Account resulting from your negligence or failure to safeguard your credentials.

4.3 One Account Per User

Unless otherwise authorized by Hometor in writing, each individual is permitted to maintain only one Account. You may not create Accounts using automated methods or under false pretenses.

4.4 Account Verification

Hometor may, in its sole discretion, employ various verification procedures to confirm the identity of Users and the accuracy of information provided. Such procedures may include email verification or requests for government-issued identification. Your failure to comply with a verification request may result in suspension or termination of your Account. Hometor does not guarantee the identity of any User and assumes no liability for any misrepresentation made by a User.

5. User Responsibilities, Representations, and Warranties

5.1 General Obligations

You agree to use the Platform solely for lawful purposes and in a manner consistent with these Terms, the Acceptable Use Policy, the Listing Rules, and all applicable laws. You are solely responsible for your conduct, your Content, and your interactions with other Users.

5.2 Seller-Specific Representations

If you are a Seller, you additionally represent, warrant, and covenant that:

1. You are the legal owner of the property described in the Listing, or you have obtained the express written consent of the legal owner to market and advertise the property for sale on the Platform.
2. All information in your Listing is true, accurate, and not misleading, including any statements about property dimensions, zoning, condition, title, liens, encumbrances, environmental matters, or availability.
3. You hold all necessary rights, licences, and permissions to publish any photographs, videos, or other Content forming part of your Listing, and such Content does not infringe the Intellectual Property Rights or privacy rights of any third party.
4. You will promptly remove or update any Listing that becomes inaccurate or no longer available for sale.
5. Your use of the Platform does not constitute acting as a real estate agent or broker unless you are duly licenced and disclose such licence status clearly in your Listing in accordance with applicable law.

5.3 Buyer-Specific Representations

If you are a Buyer, you represent, warrant, and covenant that:

1. You will conduct your own independent due diligence regarding any property you are interested in purchasing, including verifying all information provided by the Seller through independent inspections, title searches, and legal advice.
2. You acknowledge that Hometor does not verify, endorse, or guarantee any Listing, Seller, or property, and that any transaction entered into is at your own risk.
3. You will not use the Platform to engage in any fraudulent, deceptive, or unlawful conduct, including making false offers or misrepresenting your ability to purchase.

5.4 Reliance on Information

Hometor does not independently verify any Content posted by Users. You acknowledge and agree that Hometor is not responsible for the accuracy, completeness, timeliness, legality, or reliability of any User-Generated Content. Any reliance you place on such Content is strictly at your own risk.

6. Intellectual Property Rights

6.1 Hometor’s Intellectual Property

The Platform, including its underlying code, software, design, layout, graphics, logos, trademarks (including the name “Hometor”), text, databases, and all other elements that are not User-Generated Content, is owned exclusively by Hometor or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. Except as expressly provided in these Terms, no right, title, or interest in or to the Platform is transferred to you, and you may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the Platform without Hometor’s prior written consent.

6.2 Licence to You

Subject to your compliance with these Terms, Hometor grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial use (or, in the case of Sellers, for the purpose of listing property for sale). This licence does not include any right to scrape, data mine, or otherwise extract data from the Platform for any commercial purpose.

6.3 User-Generated Content – Your Licence to Hometor

By uploading, posting, or otherwise making Content available on the Platform, you grant Hometor a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable licence to host, store, reproduce, modify (for formatting or display purposes), adapt, publish, publicly perform, publicly display, and distribute such Content in any media now known or later developed, solely in connection with the operation, promotion, and improvement of the Platform. This licence continues even after you delete your Account or remove Content, but only to the extent necessary for Hometor to maintain archived records, comply with legal obligations, or defend legal claims.

6.4 Moral Rights

To the fullest extent permitted by applicable law, you waive any moral rights you may have in any User-Generated Content in favour of Hometor and anyone authorized by Hometor to use the Content. If such waiver is not enforceable, you agree not to assert your moral rights against Hometor or its users.

6.5 User Warranties Regarding Content

You represent and warrant that you own or have secured all necessary rights, licences, consents, and permissions to publish your User-Generated Content and to grant the licences set out in this Section 6, and that your Content does not infringe, misappropriate, or violate the rights of any third party, including intellectual property, privacy, or contractual rights.

7. User-Generated Content, Monitoring, and Removal

7.1 Responsibility for Content

You are solely responsible for all User-Generated Content you submit to the Platform. Hometor does not endorse any User-Generated Content, nor does it guarantee the accuracy or lawfulness of such Content.

7.2 Right to Monitor and Remove

Hometor has no obligation to monitor, pre-screen, or edit User-Generated Content. However, Hometor reserves the right, in its sole discretion, to review, refuse, remove, or disable access to any Content that it believes violates these Terms, the Acceptable Use Policy, the Listing Rules, or any applicable law, or that may expose Hometor to liability or harm. Hometor may take such action without prior notice and without any liability to the User who submitted the Content.

7.3 Reporting Violations

Users may report Content that they believe violates these Terms by emailing housetor@gmail.com with a detailed description of the alleged violation and, where applicable, the URL of the Content in question. Hometor will make reasonable efforts to review such reports in a timely manner but assumes no obligation to act on any particular report.

7.4 Prohibited Content

Without limiting the generality of the Acceptable Use Policy, you agree not to post, upload, or transmit any Content that:

1. is false, misleading, deceptive, or fraudulent;
2. infringes any third party’s Intellectual Property Rights, privacy rights, or personality rights;
3. contains any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation unrelated to the sale of a specific property;
4. includes any personal information of another individual without their express consent, except as necessary for the Direct Messaging System’s intended purpose;
5. contains viruses, malware, or any other harmful code designed to disrupt, damage, or gain unauthorized access to the Platform or any User’s device;
6. promotes discrimination, hatred, or violence against any individual or group; or
7. violates any applicable law or regulation.

8. Fees, Payment Terms, and Promoted Listings

8.1 Free Listings

Hometor currently allows Users to create and post standard property listings (“Standard Listings”) free of charge. Hometor reserves the right to introduce listing fees in the future upon providing thirty (30) days’ notice to Users, either by email or through a prominent notice on the Platform. No fee will be charged retroactively for Standard Listings created prior to such a change.

8.2 Promoted Listings

Sellers may elect to purchase a Promoted Listing to increase the visibility of their property on the Platform. The features, duration, and placement of Promoted Listings, along with applicable fees, will be described on the Platform at the time of purchase. All fees for Promoted Listings are quoted in Canadian dollars and are subject to applicable taxes.

8.3 Payment Processing via Stripe

All payments for Promoted Listings are processed through Stripe. By purchasing a Promoted Listing, you agree to provide accurate payment information to Stripe and to be bound by Stripe’s terms of service and privacy policy (available at stripe.com/en-ca/legal). Hometor does not collect, store, or have access to your full payment card details. Hometor is not responsible for any errors or omissions by Stripe in processing payments.

8.4 No Transactions on the Platform

Hometor does not facilitate any monetary transactions between Buyers and Sellers in relation to the purchase of properties. The Platform does not include functionality for deposits, earnest money, property payments, or escrow. Any financial arrangements between Buyers and Sellers are made entirely independently of Hometor.

8.5 Taxes

You are solely responsible for determining, collecting, and remitting any applicable taxes (including GST/HST) arising from your use of the Platform, including any sale of property. Hometor shall charge applicable taxes on Promoted Listing fees in accordance with federal and provincial requirements.

9. Refund Policy

The detailed Refund Policy is set out in a separate document available on the Platform. The Refund Policy is incorporated by reference into these Terms. In brief, Promoted Listing fees are generally non-refundable once a Promoted Listing has gone live, except as required by applicable consumer protection law or in Hometor’s sole discretion. Any requests for refunds must be submitted to housetor@gmail.com. Free Standard Listings do not involve any monetary consideration and thus give rise to no refund rights.

This concludes Part 1 of the Terms of Service. Part 2 will cover Prohibited Conduct, Direct Messaging Rules, Account Suspension and Termination, Disclaimers and Limitation of Liability, Indemnification, and Dispute Resolution.

Questions about these Terms? Contact us.

This document is provided for the Hometor marketplace and is not legal advice. Have a qualified Canadian lawyer review and adapt it before relying on it.