Real Messenger

Terms of Use

Last Updated: December 2023

Welcome to Real Messenger Holdings Limited (“Real Messenger”)!

These Terms constitute the agreement between you and Real Messenger Holdings Limited (“Real Messenger,” “We,” or “our”), governing your use of www.real.co, its associated data, content provided by Real Messenger, and related services collectively referred to as the “Services.”

These Terms outline the rules and responsibilities applicable to your interaction with Real Messenger and its Services.

Additional services or features provided by Real Messenger may have separate terms and conditions. By utilizing or purchasing these additional services, you accept the respective additional terms, which become part of our agreement. Should any of these additional terms conflict with these Terms, the additional terms will prevail during your use of those specific services.

If you opt to use paid features within the Services, you are bound by the relevant Subscription Policy for RealPremium.

By downloading, installing, or using Real Messenger or its Services, accessing content provided through our Services, or interacting with our websites, networks, mobile applications, or other Real Messenger services, you agree to adhere to the following Terms of Use. These Terms of Use are subject to periodic updates. If you disagree with any of these terms, you may not download, install, or use the Services.

Definitions

Real Messenger provides an online platform enabling users (“Members”) to publish, offer, search for, or communicate. It’s important to note that Real Messenger does not own, control, offer, or manage any Posts or publishing services. Additionally, Real Messenger is not a real estate brokerage and does not act as an agent, in any capacity, for any Real Messenger Agent or User.

Words with initial capitalization have specific meanings defined as follows. These definitions remain consistent whether they appear in singular or plural form.

Basic Member: A member registered on Real Messenger with a valid phone number, completed basic information, and a profile photo. Eligible to upgrade to Premium Member or Premium Agent (if business profile information is completed).

Basic Agent: A member registered on Real Messenger with a valid phone number, completed basic information, business details, and a profile photo. Eligible to upgrade to Premium Agent.

RealPremium Plans: RealPremium refers to an automatically renewing, paid monthly subscription bundle available on Real Messenger. Purchased by eligible Paid Subscribers, it offers benefits determined at Real Messenger’s discretion. Benefits may include a green badge for Premium Members and a gold badge for Premium Agents. Other benefits may encompass inbound and outbound voice/video calls, high-priority messaging, increased visibility across certain surfaces (e.g., search, recommendations). Visibility enhancements may vary based on factors like a Premium Agent’s audience size, RealPin, or RealMoment quality.

Premium Member: A basic Member on Real Messenger subscribed to RealPremium, denoting an active subscription. Accounts receiving the green badge as part of this subscription won’t undergo further review regarding active, notable, and authentic criteria used previously.

Premium Agent: A basic Agent subscribed to RealPremium and has provided proof of identity, typically in the form of a business card or valid license card. This proof signifies that the account holds an official status as a real estate agent professional account, verified by Real Messenger.

RealPin (Listing): A space listed by any Member available for contact and inquiry via Real Messenger or the Services.

RealMoment: RealMoment is a Real Messenger feature allowing users to showcase properties through 15-second videos/photos on their profile. Each RealMoment associates with a specific address via location tagging, ensuring accurate linking to corresponding properties on the platform.

Follower: A Member who clicks the “Follow” button on a user’s profile page via Real Messenger or the Services.

Collective Content: Member content and Real Messenger Content

We: Real Messenger Holdings Limited (“Real Messenger”) and the Real Messenger family of businesses and its affiliated brands collectively.

Services: Real Messenger website, software, related data, including all content provided by Real Messenger and/or related services the real estate agency services we have agreed to provide to you in respect of the Property, as described in the Sales Contract.

Affiliate: means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Account: means a unique account created for you to access our Services or parts of our Services.

Company: (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Real Messenger Holdings Limited (“Real Messenger”).

Content: refers to content such as text, images, videos, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device: means any device that can access our Services such as a computer, a cell phone, or a digital tablet.

Feedback: means any comments, innovations or suggestions provided by Members regarding the attributes, performance, or features of our Services.

“Website” refers to www.real.co, accessible from https://www.real.co

Eligibility; Accounts and Registration

You represent, acknowledge, and agree that you are at least 18 years of age to use Real Messenger or our Services, you have not previously been suspended or removed from the Services and your registration and your use of the Services are in compliance with all applicable laws and regulations.

You must register a Real Messenger account to access and use many features of Real Messenger or the Services. When you register for a Real Messenger account you will be asked to provide us with some information about yourself, You undertake that all information provided by you for the purposes of registering with us is accurate and complete. You agree to keep your contact information accurate and up-to-date.

Each account is for one single user only. You must not share your username and account with any other person or with multiple persons on a network or create more than one account. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf.

If you use Real Messenger or our Services, you are responsible for maintaining the confidentiality of your own Real Messenger account and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account. Real Messenger reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Your Account

You may need to create an account to use the Services. You are responsible for safeguarding your account, so do not log in to any unfamiliar devices and limit use to on device only. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you later change or deactivate the registered phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

You are solely responsible for your use of Real Messenger, its Services, any content you post to the Services, and for any consequences thereof. You agree to abide by and ensure compliance with all Laws in connection with your use of the Services, including but not limited to Laws related to content creation, intellectual property, and privacy.

Availability and System Requirements

Real Messenger is an application available to devices running Apple iOS and Android OS Operating Systems. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

The version of the Real Messenger may upgrade or update from time to time to add support for new functions or services. You consent to all upgrades and updates, including automatic upgrades or updates that are required for our Services to work and understand that these Terms of Use shall apply to all updated or new versions of Real Messenger and our Services.

Subject to your compliance with these Terms of Use, Real Messenger grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store-sourced application, you will only use the App Store Sourced Application (1) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. Real Messenger reserves all rights in the Application not expressly granted to you by these Terms.

In order to use Real Messenger, you are required to have a compatible device, internet access, and the necessary specifications (‘Software Requirements’).

Please be aware that your carrier’s normal rate and fees, such as text messaging and data charges, will still apply. You agree that you are solely responsible for any applicable charges.

You provide consent and all rights necessary to enable users to sync (including through an application) with their devices any information that is visible to them on Real Messenger.

Using the Services

Real Messenger’s Services are subject to constant evolution and may undergo changes at our discretion. We reserve the right, at any time, to discontinue or temporarily suspend providing the Services or specific features within the Services, both to you and to users in general. Additionally, we may establish usage and storage limitations at our sole discretion. We retain the authority to remove or refuse distribution of any Content on the Services, limit the visibility or distribution of any Content, suspend or terminate user accounts, and reclaim usernames without liability to you.

By accessing and using the Services, you agree that we and our third-party providers and partners may display advertisements on the Services or in connection with displayed Content or information, whether submitted by you or others. We reserve the right to access, read, retain, and disclose information if deemed reasonably necessary to:

  • Fulfill applicable laws, regulations, legal processes, or government requests.
  • Enforce these Terms, including investigating potential violations.
  • Identify, prevent, or address fraud, security, or technical issues.
  • Address user support requests.
  • Safeguard the rights, property, or safety of Real Messenger, its users, and the public. We adhere to our Privacy Policy regarding the disclosure of personally-identifying information to third parties.

Certain features or services on Real Messenger may have supplemental terms and conditions that apply to your usage. By utilizing or paying for these additional services, you agree to the respective additional terms, which become part of our agreement with you. In cases of conflict between these additional terms and the Terms outlined here, the additional terms will prevail during your use of those specific services.

When utilizing paid features within the Services, you are bound by the applicable Subscription Policy for RealPremium.

Content

Certain features of Real Messenger or its services allow you to contribute text, photos, audio, videos, information, feedback, or other content (collectively referred to as “Content”).

You maintain complete ownership rights to any Content you submit, post, or display on or through the Services. Your Content, including integrated audio, photos, and videos, remains entirely yours.

In instances where Real Messenger funds or facilitates the creation of Content, Real Messenger may acquire ownership rights to that specific Content.

Grant of License: When you submit, post, or display Content through the Services, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Content across all existing or future media or distribution methods. This license encompasses actions such as curating, transforming, and translating your Content. It allows us to make your Content accessible worldwide and permits others to do the same. Furthermore, this license includes the right to analyze the text and information you provide for the purpose of enhancing the Services. You agree that this license also allows us to provide, promote, and improve the Services, as well as to make Content submitted through the Services available to other entities for syndication, broadcast, distribution, reposting, promotion, or publication on other media and services, subject to the terms and conditions set forth for such Content use. No compensation will be provided to you for the Content submitted through the Services, as your use of the Services is considered sufficient compensation for granting these rights.

Representation and Warranty: You affirm and warrant that you possess, or have obtained, all necessary rights, licenses, consents, permissions, power, and/or authority essential to grant the rights specified herein for any Content that you submit, post, or display through the Services. You also agree that your Content will not contain material subject to copyright or other proprietary rights unless you possess the necessary permissions or are legally entitled to post such material and grant us the aforementioned license.

You are responsible for and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Real Messenger Community Guidelines and Privacy Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.

Profile and Post

As a Real Messenger user, if you are a licensed estate agent, you may upgrade your user status to Basic Agent and or Premium Agent and you may create a Profile and a post on Real Messenger. The profile is based upon the personal information you provided to us or that we obtain via an SNS as described above. You may not have more than one (1) active Real Messenger account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Real Messenger reserves the right to suspend or terminate your Real Messenger account and/or your access to Real Messenger or the Services if you create more than one (1) Real Messenger account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

As a Basic Agent, Real Messenger offers you the right to use Real Messenger to share your post, transaction, or other agent services. To create a post, you will be asked a variety of questions about the space to be listed, including, but not limited to, location, capacity, size, features, pricing, and related rules and financial terms.

In order to be featured as a post via Real Messenger or the Services, all posts must have valid physical addresses. Posts will be made publicly available via Real Messenger or the Services. Other users will be able to view your post and make conversation with you via Real Messenger or the Services.

All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third party’s legal rights.

Limitation of Liabilities

Real Messenger does not endorse or warrant any user, including, but not limited to Real Messenger Agent, or any post. All users are required by these Terms to provide accurate information, and although Real Messenger or the Services may, but have no obligation to undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm or endorse any user or the user’s purported identity or background.

By using the Real Messenger or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Real Messenger or the Services with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Services regarding any post made by you.

If you choose to use the Real Messenger or the Services, you acknowledge and agree that Real Messenger and the Services are provided “AS IS”, without warranty of any kind, either express or implied. And the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you. Real Messenger and the Services make no warranty that Real Messenger, the Services, and the collective content, including, but not limited to, RealMoment, be available on an uninterrupted, secure, or error-free basis. Real Messenger and the Services make no warranty regarding the quality, accuracy, timeliness, or truthfulness of the Services, RealMoment, or collective content.

No Endorsement

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Real Messenger and the Services whether in person or online remains with you.

In no circumstances shall Real Messenger or any other party involved in creating, producing, or delivering Real Messenger or the Services, be liable for any incidental, special, indirect, or consequential damages, arising out or relating to this Terms of Service and your use of Real Messenger and the Services, or from the use of or inability to use Real Messenger, the Services or collective content in connection with any interaction with any other Real Messenger users, including, but not limited to, Real Messenger Agent, interactions or meetings with other users of Real Messenger or the Services, or other persons with whom you communicate or interact as a result of your use of the Real Messenger or the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Real Messenger has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Real Messenger Agents participating in the Services,  are solely responsible for the information provided and services to users. Real Messenger shall not be liable for any damages or costs of any type arising out of or in any way connected with any user’s use of the Services. Real Messenger is not responsible for any errors or delays caused by users or any Real Messenger Agent in the negotiation process. Real Messenger reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Real Messenger Estate Agent or other users from Real Messenger. When an individual user applies for Real Messenger Agent, Real Messenger uses commercially reasonable efforts to confirm the information provided by Real Messenger Agent (in the states claimed in Profile). However, users should confirm information or credentials if they choose to contact the Real Messenger Agent.

Real Messenger and its related entities, directors, officers, employees, and agents disclaim all liability and responsibility for any direct or indirect loss or damages that may be suffered by any recipient through relying on anything contained in or omitted from Real Messenger or the Services.

Real Messenger is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device, or mobile phones as a result of the installation or use of the Real Messenger. 

In no event shall Real Messenger and the Services be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) unauthorized access to or use of our secured servers and/ or any and all personal information and/ or financial information stored therein, (2) interruption or cessation of transmission to or from our servers, and/ or (3) bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through Real Messenger or the Services by any third party.

Real Messenger and the Services explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of a course of dealing or usage of trade.

Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you. In no event shall Real Messenger’s total liability to you for all damages exceed the amount of one hundred U.S. dollars (US$100).

Third-party links and advertising

Real Messenger and the Services may include advertisements, hyperlinks, and pointers to websites or applications operated by third parties. Links to third-party websites or Applications include, without limitation, links to Real Messenger of some of our Real Messenger users and Real Messenger Agents. Those third-party websites or hyperlinks do not form part of Real Messenger, the Services, or our content and are not under the control of or the responsibility of Real Messenger.

Indemnification

You agree to release, defend, indemnify, and hold Real Messenger and the Services (including its affiliates, their personnel and Real Messenger companies), harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, the Services, or Collective Content or your violation of these Terms; (b) your user Content; (c) your interaction with any user, creation of a post, the use, condition of the space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the use of space.

In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill, or reputation, or any indirect or consequential loss or damage.

Suspension, Termination, and Account Cancellation

Real Messenger and the Services may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Real Messenger account. If we exercise our discretion under these Terms of Service to do, any or all of the following may occur with or without prior notice or explanation to you: (a) your Real Messenger Account will be deactivated or suspended and you will not be able to access the Real Messenger, the Services and collective content, (b) any communication between you and users may be terminated, (c) we may communicate to users that your account has been suspended or canceled. You may cancel your account by sending an email to team@Real.co. Please note that if your Real Account is canceled, we do not have an obligation to delete or return to you any content you have posted to the Real Messenger and the Services, including, but not limited to, any post, pictures, and conversation between you and the Real Messenger user.

Proprietary Rights and License

All trademarks, copyright, database rights, and other intellectual property rights of any nature in Real Messenger and the Services together with the underlying software code are owned either directly by Real Messenger or by Real Messenger licensors.

The design of Real Messenger along with Real Messenger created text, scripts, graphics, interactive features, and the like, the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Real Messenger, subject to copyright and other intellectual property rights under Laws of the State of Delaware and foreign laws and international conventions. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission and except in accordance with Real Messenger Community Guidelines. Real Messenger and the Services are provided to you AS IS for your information and personal use only. Real Messenger reserves all rights not expressly granted in and to Real Messenger and the Services. 

Real Messenger grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to utilize the software provided as part of the Services. This license is solely for enabling you to use and benefit from the Services as offered by Real Messenger, in accordance with the terms outlined in these Terms of Service.

The Services provided by Real Messenger are protected by copyright, trademark, and other applicable laws in both the United States and other countries. No provision within these Terms grants you the right to use the Real Messenger name, trademarks, logos, domain names, distinctive brand features, or any other proprietary rights associated with Real Messenger.

All rights, titles, and interests related to and inherent in the Services (excluding Content contributed by users) are and will remain the exclusive property of Real Messenger and its licensors.

Any feedback, comments, or suggestions provided by you concerning Real Messenger or its Services are entirely voluntary. Real Messenger retains the freedom to use such feedback, comments, or suggestions at its discretion without any obligation to you.

You agree not to engage in the use, copying, or distribution of any of the services other than expressly permitted herein, including any use, or distribution of status submissions of third parties obtained through the service for any commercial purposes.

Feedback

You hereby agree to grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use any input, feedback, and suggestions given by you regarding our Services, in any manner and for any purpose, including to improve the Services or create other products and Services.

Digital Millennium Copyright Act (DMCA Notice)

Real Messenger respects the intellectual property rights of others and expects the Customer to do the same. We comply with the provisions of the United States Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. S512, as amended, we will remove all infringing content if properly notified that it infringes third-party copyrights, and may do so at its sole discretion, without prior notice at any time.

In accordance with Title 17, United States Code, Section 512(c)(2) Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent by providing the following information:

(i). Identification of the copyrighted work that you claim has been infringed;
(ii). Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(iii). Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(iv). A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:
– By Email: legal@real.co
– By Mail: 4001 Kennett Pike Suite 302 Wilmington, Delaware 19807
– If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.

Jurisdiction

These Terms of Use are governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. By Your use of Real Messenger and the Services, you agree to submit to the personal and exclusive jurisdiction of Delaware Court of Chancery sitting in Williams Justice Center in the City of Wilmington for any and all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use.

Other

Your use of the Services is subject to all additional guidelines, rules, Product Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, including, without limitation, Real Messenger Community Guidelines.

The Real Messenger Terms of Use is written in English (United States) but is made available in multiple languages through translations. Real Messenger strives to make the translations as accurate as possible to the original English (United States) version. However, in case of any discrepancies or inconsistencies, the English (United States) language version of the Real Messenger Terms of Use shall take precedence. You acknowledge that English (United States) shall be the language of reference for interpreting and constructing the terms of the Real Messenger Terms of Use.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the “Last modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.