Terms of Service

Last updated: September 24, 2024

Real Estate Track Record (“RETR.APP”) is an internet-based platform that provides and organizes mortgage and residential real estate data for mortgage industry professionals (“lenders”) and title industry professionals (“title agents”). RETR.APP also provides proprietary metrics and tools to help lenders maximize their business objectives. After subscribing, lenders will receive access to the features on RETR.APP available on their subscription plan including, but not limited to, the ability to view, generate, and share statistical reports (“Track Records”) with others. Title agents will receive access to most of the features on RETR.APP, but will not have the ability to share and generate Track Records. Individuals who are not lenders or title agents can register for a RETR.APP account, but they can only request and view Track Records generated by a lender who has a RETR.APP subscription.  

These terms of service constitute a legally binding contract between you and RETR LLC (“RETR") for the use and access of RETR.APP, which is fully owned and operated by RETR. The collection and use of any personal information obtained while using or accessing RETR.APP, is described in RETR’s privacy policy.

By using or accessing RETR.APP, RETR.APP’s website, APIs, or services, or Track Records (“RETR Platform”), you acknowledge and agree that you have read, understand, and agree to be bound by the terms of service and privacy policy. You also agree to be bound to the terms of service by agreeing to a supplemental agreement that expressly incorporates the terms of service into the agreement.

1. Accounts.

1.1. Accounts. You may only have one account unless you receive prior written permission from RETR. If you register for an account, you agree to provide accurate, current, and complete information during the registration process, and that you will keep your account information up-to-date. You are solely responsible and liable for the accuracy of any information or representations you make on or using RETR.APP. You are solely responsible and liable for all activities conducted with or in connection with your account. You are responsible for maintaining the confidentiality of your account and log-in credentials. If you provide information that RETR determines in its sole discretion to be false, misleading, inaccurate, or inappropriate, RETR reserves the right to remove the offending information, suspend your account, or terminate your account without notice. RETR reserves the right, but is not obligated, to monitor your compliance with the terms of service. 

1.2. Limited License. RETR grants you a personal, non-exclusive, limited, revocable, non-transferable, non-sublicensable, license to use and access RETR.APP for its intended purpose.

1.3. Account Termination. RETR reserves the right to terminate your account for any reason without notice. If you are a subscriber and RETR terminates your account, you will be refunded a pro rata amount based on the time remaining on your subscription. However, if RETR terminates your account because you violated the terms of service, then you will not receive a refund regardless of the time remaining in your subscription. The terms of service survive account termination to the fullest extent permitted by law.

1.4. Account Restoration. You are not entitled to a restoration of your account. RETR may restore your account at its own discretion. If your account was terminated at no fault of your own, you may apply for another account. If your account was terminated for violating the terms of service, you may not apply for a new account without written permission from RETR and you may not use or access RETR.APP through another user’s account.

2. Subscriptions. 

2.1. Credential Verification. Verified lenders and title agents can subscribe to RETR.APP. Your professional credentials must be reviewed and verified before you can obtain a subscription. Professional credential includes any applicable state, local, and federal licenses.

2.2. Subscription Fee. By requesting a subscription and providing a proper form of payment, you understand that you are authorizing RETR, or its third-party payment processor, to charge the subscription fee to the payment method you provided, that you have read and accepted the terms of service and privacy policy, that the billing and personal information you provided is accurate, that you are authorized to purchase the subscription, and that you are responsible for all purchases made on your account. RETR charges all taxes and fees required by law and you agree to pay the subscription fee and all taxes and fees. RETR has the right to refuse any subscription offer in its sole and absolute discretion.

2.3. Billing Cycle. The billing cycle is as described on the payment/purchasing page. Until you cancel your subscription, you authorize RETR, or its third-party payment processor, to charge your payment method the subscription fee every cycle. In the event that your payment method is unable to be processed for any reason, RETR has the right to suspend or terminate your account without notice in its sole and absolute discretion until the issue is remedied. 

2.4. Cancellation. You can cancel your subscription at any time in the account settings. You can also cancel your subscription by contacting RETR at billing@retr.app. You must cancel your subscription before your subscription renewal date to avoid being charged for the next billing cycle. You will be able to continue using RETR.APP for any time remaining on your subscription. Non-usage of your account is not proof of cancellation. 

2.5. Subscription Fee Changes. RETR has the right to change the subscription fee at any time. Fee changes will apply to all new and current subscribers. For current subscribers, RETR will notify you of any fee change and the fee change will become effective on your next billing cycle. You can find the subscription fee and renewal date in the account settings. Notice will be provided on RETR.APP or to the email address registered to your account.

2.6. No Refunds. Payments are non-refundable and there are no partial refunds of any kind, except as specified in the terms of service.

2.7. Late Payments. You may be charged fees that are incidental to RETR collecting any past-due amounts owed on your account, including collection fees, convenience fees, or other third-party fees.

3. Account Settings.

3.1. General. You can change information, such as your name, user name, email address, and personal disclosure, in your account settings. You can also disable (“Opt Out”) and enable (“Opt In”) automated services, such as the auto-nurture feature and SMS communications, in your account settings. 

3.2. Auto-Nurture Feature. The auto-nurture feature is designed to improve your business relationships and is accessible in the “My Agents” dropdown menu. When you close a loan, RETR.APP helps you stay in-demand and at the top of the minds of the buyer agents and seller agents by adding them to your relationship list. RETR.APP may send periodic marketing emails on your behalf to the people in your relationship list.

4. Electronic Communication Notice.

4.1. Electronic Communication Notice. You understand and agree, that unless specified otherwise in the terms of service, all notices will either be communicated to you through RETR.APP, RETR.APP’s website, the email address registered with your account, or through SMS communication (Text Message).

4.2. SMS Communication (Text Message) Notice. You understand and agree that by using or accessing RETR.APP, you agree (“Opt In”) to receiving text messages from RETR. You understand that RETR will send text messages to the phone number registered with your account and you certify that the phone number registered with your account is accurate and belongs to you. RETR may text you for marketing or administrative purposes. You consent to RETR’s use of an autodialer or similar technology for texting and communication purposes. You understand that message and data rates may apply and that you are responsible for any applicable charges. You understand and agree that RETR is not liable for delayed or undelivered messages. If you do not want to receive text messages, you can disable this service (“Opt Out”) in your account settings. 

5. Regulatory and Legal Compliance.

5.1. General. You promise your use or access of the RETR Platform will comply with all applicable laws, rules, regulations, obligations, and licensures.

5.2. RESPA Compliance. You promise that your use or access of the RETR Platform will be in compliance with the Real Estate Settlement Procedures Act of 1974 (“RESPA”). This includes, but is not limited to, your RESPA compliance in offering or accepting any fee, kickback, or other thing of value for a business referral. You understand that any fees charged by RETR are for the use and access of RETR.APP, and do not constitute a fee, kickback, or other thing of value for the referral of settlement services. 

5.3. Regulatory and Legal Compliance. You promise your use or access of the RETR Platform will comply with all applicable laws and regulations governing residential real estate sales, financing, and title insurance. You are solely responsible for compliance with any and all laws, rules, regulations, obligations, and licensures that apply to your use of the RETR Platform. If you are required by law to be licensed to participate in the sale or financing of real estate, you represent and warrant that you are licensed and in good standing with the licensing body. You agree that RETR may in its sole discretion and to the fullest extent permitted by law, access, preserve, and disclose your account information and use history to comply with any applicable law, regulation, legal process, or government request; to respond to claims that any such usage violates applicable legal guidelines of the rights of third parties; and to enforce the terms of service.

6. Unauthorized Actions.

Unauthorized Actions. You agree that your use or access of the RETR Platform will comply with the terms of service, and that RETR has the right to terminate or suspend your account if it determines in its sole discretion that you have engaged in, attempted to engage in, or assisted in, any of the below actions:

●           Using or accessing the RETR Platform in any way that violates any applicable law, statute, ordinance, regulation, or obligation.

●           Using or accessing the RETR Platform in any way that associates RETR.APP or RETR with any defamatory, illegal, libelous, infringing, sexual, violent, harassing, invasive of privacy, threatening, deceptive, fraudulent, or otherwise objectionable material as determined by RETR.

●           Damaging, disabling, overburdening, or impairing the RETR Platform, or any server or network connected to them.

●           Archiving, copying, modifying, disassembling, decompiling, manipulating, or reverse engineering the RETR Platform or any part of the RETR Platform.

●           Using any manual or automated tool, device, program, or process to monitor, copy, harvest, gather, or scrape the RETR Platform or any part of the RETR Platform.

●           Using any manual or automated tool, device, program, or process to interfere, modify, or inhibit the functioning or maintenance of the RETR Platform or any servers or networks connected to them.

●           Using or accessing the RETR Platform to commit fraud or to misrepresent your qualifications, abilities, job performance, or any statistical category displayed on the RETR Platform.

●           Selling or disseminating any information or data obtained from the RETR Platform, except as permitted in the Terms of Service.    

●           Manipulating or displaying the RETR Platform through framing or any similar technology.

●           Removing or altering any trademark, copyright, watermark, or metadata on the RETR Platform.

●           Representing that you own, are endorsed, or otherwise affiliated with the RETR Platform or RETR.

●           Linking any part of the RETR Platform to another website without RETR’s prior written permission.

●           Using or accessing the RETR Platform in a way to disparage, disrupt, threaten, harass, or deceive another entity.

●           Using or accessing the RETR Platform to tortiously interfere with another entity’s contract.

●           Using or accessing RETR.APP to obtain or access a Track Record request that was not submitted to you.

●           Using or accessing the RETR Platform in any way other than intended and expressly permitted in the terms of service or in a manner that is competitive to RETR.

●           Sharing login credentials.

●           Using the RETR Platform to create, replace, supplement or enhance any title, legal, vesting, ownership or encumbrance report for the purposes of underwriting title insurance.

●           Coupling the RETR platform with alternative title insurance approaches or products without first obtaining written permission from RETR.

●           Using the RETR Platform in connection with artificial intelligence technologies, models, software, platforms or tools including, without limitation, ChatGPT, Bard and similar artificial intelligence technologies.

●           Using the RETR Platform to create derivative products or derivative datasets.

●           Using the RETR Platform in connection with, or to enable development of, machine learning, rules engines, or other similar automated processes.

●           Using the RETR Platform as a factor in establishing an individual’s eligibility for credit or insurance.

●           Using the RETR Platform in connection with underwriting individual insurance.

●           Using the RETR Platform in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority.

●           Using the RETR Platform in any way that would cause the information to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq .

●           Using the RETR Platform in any manner that would cause such use to be construed as a consumer report by any governmental authority. 

7. Security Obligations.

Security Obligations. You agree to take appropriate measures to protect against the unauthorized access and use of RETR. APP and Track Records. You agree that in the event that an unauthorized use or access of RETR.APP is discovered, you will notify RETR within 2 business days of the discovery and will inform RETR whether the offending conduct has been cured. You can notify RETR at hi@retr.app. 

8. Intellectual Property Rights and Third-Party Websites.

8.1. Intellectual Property Rights. The RETR Platform (including without limitation the software, content, visual interfaces, interactive features, information, graphics, design, compilation, and computer code) was created, compiled, prepared, selected, developed and arranged by RETR and is the sole property of RETR. You acknowledge RETR’s absolute and exclusive property rights in the RETR Platform and that you have no ownership rights or interests whatsoever in the RETR Platform beyond the limited license granted in the terms of service. You may not distribute, license, sell, display, reproduce, decompile, disassemble, reverse engineer, create derivative works, or use in any other way any information, products, or services obtained from the RETR Platform, unless you receive prior written permission from RETR. RETR, RETR.APP, Real Estate Track Record, RETR’s logo, and any other product or service name or slogans used by the RETR Platform constitute trademarks of RETR, and may not be used without RETR’s prior written permission. All other trademarks, product names, company names, and logos used in connection with the RETR Platform remain the intellectual property of their respective holders. Any reference to their products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by RETR, unless specifically stated otherwise.

8.2. Digital Millennium Act (“DMCA”) Compliance. RETR will consider all allegations of copyright infringement that comply with the requirements of the DMCA. The notice requirements can be found at 17 U.S.C. § 512(c)(3). If you believe your work has been unlawfully copied, please contact us at hi@retr.app. 

8.3. Links to Third‐Party Websites. The RETR Platform may contain links to third‐party websites. These links are provided for your convenience only and do not constitute or imply any endorsement, sponsorship or recommendation by RETR. RETR does not make any representations or warranties relating to, and accepts no responsibility for (either directly or indirectly), any content or practices provided by or through such third parties and their websites.

8.4. Google Maps. RETR.APP uses Google Maps/Earth in its platform. As such, you agree to be bound by Google’s Terms of Service and Google Privacy Policy.

9. Modification and Access.

9.1. Modifications to the RETR Platform. RETR has the right to modify the RETR Platform in its sole discretion. You understand and agree that the RETR Platform may change over time and that RETR.APP’s features may be expanded, modified, or removed over time. RETR will make reasonable efforts to maintain or improve RETR.APP’s core features.

9.2. Modifications to the Terms of Service and Privacy Policy. RETR has the right to modify the terms of service and privacy policy in its sole discretion. RETR will notify you of any modifications to the terms of service and privacy policy in accordance with the terms of service. Any use or access of the RETR Platform after notice, means you are agreeing to the updated terms of service and privacy policy. If you do not agree to the updated terms of service and privacy policy, you must stop using and accessing the RETR Platform and must cancel your subscription if you have one.

9.3. Access to the RETR Platform. RETR does not guarantee continuous, unlimited, or uninterrupted access to the RETR Platform. RETR reserves the right to suspend, discontinue, and limit access to the RETR Platform as necessary to perform routine maintenance and updates.

10. Disclaimers and Warranties.

10.1. General Disclaimer. RETR does not provide financial or real estate advice, and RETR.APP is not intended for such use. You understand and agree that you are using the RETR.APP as an independent user, and that any use or access of the RETR Platform does not create an employee-employer, agency, joint venture, or partnership relationship with RETR. RETR is not responsible for the actions or inactions of any user. RETR is not responsible for any representations or misrepresentations made by a user on, or in connection with, the RETR Platform. You acknowledge and agree that a user’s use or engagement with the RETR Platform is not a direct or implied endorsement of that user by RETR.APP or RETR.

10.2. Data Disclaimer. RETR obtains its data and information for the RETR.APP from third-party sources. RETR does not guarantee the accuracy of the data and information used in the RETR Platform. All data and information is offered “as is and as available” and you acknowledge and agree that the data and information accessible on the RETR platform may be inaccurate. RETR makes no warranties, express or implied, about the accuracy or completeness of the data and information available on the RETR Platform. RETR is not responsible for any errors, omissions, inaccuracies, miscalculations, misrepresentations, or delays for the data and information available on the RETR Platform. You agree to use the RETR Platform at your own risk.

10.3. No Warranties. You agree and understand that you are using the RETR Platform at your own risk. The RETR Platform is provided “as is” without any warranties of any kind, either express or implied. RETR makes no warranties or promises that your use or access of the RETR Platform will be uninterrupted, timely, secure, or error-free. You agree and understand the terms of service, privacy policy, and the laws and regulations that may be applicable to your use of the RETR Platform. The general disclaimer, data disclaimer, and no warranties sections apply to the maximum extent permitted by law. 

11. Force Majeure.

Force Majeure. RETR is not responsible for any delay or interruption to the RETR Platform resulting from governmental emergency order, judicial or governmental action, emergency regulations, sabotage, vandalism, acts of God, fires, electrical failure, major computer hardware or software failures, acts of third parties, or any other causes.

12. Liability Limitations, Indemnification, and Remedies.

12.1. General Liability Limitation. You acknowledge and agree that the risk of using or accessing the RETR Platform is entirely yours to the maximum extent permitted by law. RETR will not be liable for any damages of any kind, including, but not limited to consequential, incidental, special, exemplary, lost profits, lost business opportunities, loss of data, loss of goodwill, or interruptions in services arising from or related to your use of the RETR Platform. In the event, RETR is found liable for damages of any kind, including, but not limited to the examples provided above, you agree that the total amount of liability will not exceed the amount you paid RETR within the previous 12 months preceding the event giving rise to the liability. If you have not made any payments to RETR during this time frame, you agree that the total amount of liability will not exceed $100 U.S. dollars. You understand and agree that the liability limitation is an essential component of the agreement between you and RETR.

12.2. Indemnification. To the maximum extent permitted by law, you agree to hold RETR, its employees, officers, and its affiliates harmless from and against all claims, demands, actions, and liabilities, including RETR’s reasonable legal and accounting fees and costs, arising from or related to your use or access of the RETR Platform, any violation of RETR’s terms of service, or any violation of applicable laws, ordinances, regulations, or obligations.

12.3. Remedies. You acknowledge that any breach of the terms of service may cause substantial and irreparable harm to RETR for which an award of monetary damages would be an inadequate remedy. Therefore, in the event of such a breach or threatened breach, you agree that, in addition to all other rights and remedies available to RETR at law and equity, RETR will have the right to injunctive relief against such a breach or threatened breach. You waive any requirements for the securing or posting of any bond in connection with such injunctive relief. All rights and remedies provided to RETR in the terms of service are cumulative and in addition to, and not in lieu of, RETR’s rights and remedies at law and equity.

13. Notices.

Notices. You understand and agree that unless specified otherwise in the terms of service, all notices pertaining to the operation and access of the RETR Platform will either be communicated to you through a prominently displayed message on RETR.APP, RETR.APP’s website, or to the email address registered to your account. All notices are effective once posted on RETR.APP, RETR.APP’s website, or sent to the email address registered to your account. You agree that providing notice either way will satisfy all legal notice requirements of any kind.

14. Assignment.

Assignment. You may not assign or transfer your rights and obligations under the terms of service without RETR’s prior written permission. RETR may assign, transfer, or delegate its rights and obligations under the terms of service and privacy policy without restriction or notice.

15. Governing Law and Forum.

Governing Law and Forum. You understand and agree that the terms of service shall be construed, interpreted, governed, and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflict of law principles. You agree that all legal or equitable claims against RETR must be brought to a court located in Fairfax County, Virginia or to the United States District Court for the Eastern District of Virginia (Alexandria).

16. Waiver of Jury Trial.

Waiver of Jury Trial. You knowingly and voluntarily waive trial by jury in any judicial proceedings involving, directly or indirectly, any matter in any way arising out of, related to or connected with your use and access of the RETR Platform.  

17. Severability.

Severability. In the event that any provision of the terms of service or privacy policy are held invalid or unenforceable for any reason by a court of competent jurisdiction, that provision or part thereof will be considered separate from the remaining provisions of the terms of service and privacy policy which will remain in full force and effect. The invalid or unenforceable provision will be revised to effect, to the fullest extent permitted by law, to the intent of the parties as set forth in the terms of service and privacy policy.

18. Waiver.

No Waiver. RETR’s failure to enforce any provision in the terms of service does not qualify as a waiver of that provision. All waivers must be agreed to by RETR in writing.

19. Entire Agreement.

Entire Agreement. Except as supplemented by additional terms and conditions, the terms of service and privacy policy constitute the entire agreement between you and RETR, for the use and access of the RETR Platform, and supersedes any and all prior understandings between you and RETR. Section headings are for convenience and shall not affect the meaning or interpretation of this Agreement.