Effective Date: May 22, 2024

PLEASE REVIEW THESE TERMS CAREFULLY. BY SUBMITTING A LEVER PLATFORM ORDER FORM, JOINING LEVER OR OTHERWISE USING THE LEVER SERVICES, YOU ACCEPT THESE TERMS. ONCE ACCEPTED BY YOU, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND LEVER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT: (i) SUBMIT A LEVER PLATFORM ORDER FORM, (ii) JOIN LEVER, OR (iv) USE THE LEVER SERVICES.

RECEIPT BY A LEVER AGENT OF LEADS OR REFERRALS FROM OJO HOME LLC ARE SUBJECT TO (1) THE MOVOTO SELECT NETWORK STANDARD TERMS AND CONDITIONS WHICH ARE EXPRESSLY INCORPORATED INTO THESE TERMS; AND (2) YOUR SUPERVISING BROKER ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE MOVOTO SELECT NETWORK STANDARD TERMS AND CONDITIONS (WHICH CONSTITUTES A COOPERATIVE BROKERAGE REFERRAL AGREEMENT BETWEEN OJO HOME LLC AND YOUR BROKER PURSUANT TO 12 U.S.C. §2607(c)(3) AND 12 CFR § 1024.14(g)(1)(v).

1. General.
2. Welcome and our Agreement. Welcome to Lever! Lever by Movoto is a leverage platform from Movoto exclusively optimized for individual real estate agents and designed to assist agents in personal and professional growth and results through proven systems, tools, and models while still building and maintaining your own brand. These terms and conditions of service (these “Terms”) and any accompanying Lever Platform Order Form submitted by you to us (the “Order Form”) govern the provision of services by us to you (the Terms together with the Order Form are referred to herein as the “Agreement”). Specifically, these Terms govern: (i) your participation in Lever (the “Lever Membership”); and (ii) your use of any Lever Tools (defined below) including any of our phone-based, text-based and email services, any other desktop or mobile websites, including subdomains, or platforms through which we make our services available, any application program interfaces provided by us (an “API”) and all associated services (collectively, the “Lever Services”). In these Terms, “we”, “us”, “our”, or “Lever” refers to OJO Home LLC (dba Lever by Movoto) and its affiliated companies with a business address of 1007 S. Congress, Building 9, Suite 400, Austin, Texas 78704, and the terms “you”, “your” and “user” will refer to the real estate agent participating in Lever (the “Participating Agent”) during the Term.
3. Lever Policies. Your use of the Lever Services is subject to our policies, guidelines, procedures, rules and regulations, including, but not limited to, all terms and conditions set forth in any handbook, standard codes of conduct, privacy policies, acceptable use policies, data security, and similar policies applicable to you that we may implement and modify from time to time (individually, a “Policy” and collectively, “Policies”). The Policies are incorporated herein by reference. We reserve the right to terminate this Agreement if you are in violation of these Terms or any Policy.
4. These Terms are a Binding Agreement; Modification of Terms. By joining Lever, or by otherwise using the Lever Services, you agree to be bound by these Terms, as updated from time to time. We may modify these Terms by posting revised Terms on our website(s) including, without limitation, any mobile site from time to time without providing notification. All changes to the Terms are effective immediately as of the date such updated Terms are posted on our website(s). You are responsible for regularly reviewing these Terms and any applicable changes, as they are binding on you. Continued participation in the Lever program or use of any aspect of the Lever Services after any changes take effect will constitute your acceptance of such changes. Unless stated otherwise, any new features or enhancements to the current Lever Services shall be subject to these Terms in addition to any Terms that may be applicable to particular parts of the Lever Services.
5. These Terms Replace Any Prior Written Agreement. By submitting a Lever Platform Order Form, continuing your participation in the Lever program and/or continuing to use the Lever Services, you agree that these Terms shall replace and supersede any prior or contemporaneous understandings, agreements, negotiations and communications, both written and oral, and any written agreement entered into by you and Lever (or any predecessor of Lever) prior to the Effective Date of these Terms is hereby amended and restated in its entirety and is replaced by these Terms.
6. Your Consent to Receive Emails, Calls and Text Messages. By joining the Lever program and/or using the Lever Services, you agree and expressly consent to receive communications, including, but not limited to, email messages, phone calls, push notifications, and text messages from us and our affiliates and partners. By joining the Lever program and/or using the Lever Services, you expressly authorize Lever, its affiliated companies and its partners and each such entity’s employees, contractors and software (collectively, “Service Provider(s)”) to communicate with you by email, phone and text at the email address and/or wireless phone number provided or any other email address or number that you may provide in the future. You understand that message and data rates may apply to text messages based upon the terms of your wireless service provider contract. You also agree that methods of contact may include pre-recorded messages, use of auto-generated email or text messages or an automated telephone dialing system, even if you’ve registered that number on a Do-Not-Call registry. In the regular course of our service to you, we may monitor and record telephone conversations made or received by our employees or partners. You agree that we will have this right with respect to all telephone conversations between you and our employees or partners, whether initiated by you or any of our employees or partners. If you do not consent to receive these emails, texts or calls, do not join the Lever program or use the Lever Services or provide your information to us.
7. Links to Third-Party Sources. The Lever Services may contain offerings from or links to third-party websites or resources. Such third-party resources may be subject to different terms and conditions and privacy practices. Lever is not responsible or in any way liable for the availability or accuracy of such third-party services, or the content, products or services available from such third-party services.
8. Lever Program Membership.
9. General. Subject to and conditioned on Participating Agent’s compliance with the terms and conditions of this Agreement, including maintaining an active, current Lever Subscription and being current in all Transaction and Referral Fees payable to Lever, Lever agrees to make available, and Participating Agent agrees to participate in, the Lever program for real estate agents (the “Lever Program”).
10. Lever Program Admission Requirements. When joining the Lever Program, you represent and warrant that: (i) you are a real estate salesperson or broker with a current and valid real estate license in the state(s) where you practice; (ii) you are a member of each local Board of REALTORS® where you practice in good standing; (iii) you have completed at least 3 residential real estate transactions prior to joining; (iv) you can exhibit a working practical knowledge of real estate transactions; (v) you are not actively a member of a real estate team and have no agreements in place with any real estate sales team; (vi) all information that you have submitted to Lever in connection with your application for Lever Membership is true, accurate and complete; and (vii) at all times in the past, you have complied with all federal, state and local laws and regulations (including, but not limited to, all fair housing and email and telephone laws and regulations such as the Do Not Call Registry and TCPA compliance) and all brokerage policies and local board of realtor and state real estate commission policies, laws and regulations. Any inaccuracy in the representations in the previous sentence could result in the Participating Agent’s removal from the Lever Program. Lever reserves the right to waive or modify these admission requirements for any individual at any time in any particular instance in its sole discretion.
11. Lever Program Continuing Participation Requirements. While participating in the Lever Program, you will: (i) maintain at all times current and valid real estate license(s) as a real estate salesperson and/or broker in the state(s) where you practice; (ii) maintain your membership in each local Board of REALTORS® where you practice in good standing at your own expense; (iii) provide to Lever (and not change or remove such credentials) all credentials and passwords required to operate your internal CRM and other systems so that Lever may provide the Lever Services; (iv) be responsible for your own fees payable to your associated brokerage; (v) be responsible for all expenses relating to your continuing education, conventions and seminars which you choose to attend; (vi) comply with all federal, state and local laws and regulations (including, but not limited to, all fair housing and email and telephone laws and regulations such as the Do Not Call Registry and TCPA compliance) and all brokerage policies and local board of realtor and state real estate commission policies, laws and regulations. You agree to promptly notify Lever if any action or inaction occurs that would make any of the representations above untrue. Any inaccuracy in the representations in the first two sentences above could result in the Participating Agent’s removal from the Lever Program. Lever reserves the right to waive or modify these program participation requirements for any individual at any time in any particular instance in its sole discretion.
12. Your Commitments to the Lever Program. While you are participating in the Lever Program, you agree to:

Business Growth and Development Commitments

• participate in weekly training and development and attend a minimum of one group coaching or training session weekly
• participate in a weekly group training session each Friday from 9AM – 10AM PST
• attend at least one Scripts Practice weekly
• weekly lead generation and lead conversion to appointments as set forth in your Lever Accountability Plan (your LAP)
• have your LAP in place within one week of launching
• send completed and up to date LAP weekly no later than Thursday evening at 5:00PM PST.

Customer Service Commitments

• check email and voicemail messages often and respond immediately
• reliably follow through with all appointments and other commitments
• make quick initial contact with buyer and seller leads and maintain daily/weekly follow-up with notes added to your chosen CRM database. Maintain your lead flow dashboard when applicable
• write offers/purchase/listing agreements for buyers and sellers
• communicate with clients and oversee escrow timelines, inspections and other transaction activities for buyers and sellers.

Lead Generation and Management Commitments

• become proficient in using and applying the systems, tools, scripts, strategies and techniques for lead capture, lead conversion and effective client service and representation developed and provided by Lever
• provide to Lever (and not change or remove such credentials without notifying Lever) all credentials and passwords required to operate your internal CRM and other systems so that Lever may provide the Lever Services;
• input all or provide all new leads or new contacts or notes with existing leads to the database team to input into your database within 48 hours of contact with the lead in question
• regularly update lead generation notes in your chosen CRM
• understand that lead distribution varies based on location, market conditions and availability
• In order to participate in lead generation, you must:
  • turn in your LAP weekly
  • regularly attend development calls; and
  • have your database at least 70% tagged

Specific lead generation platforms may also require minimum conversion standards. In the event these requirements are not met, you will be eligible (at your Lever’s Practice Manager’s discretion) to continue to participate in other areas of Lever support without access to lead generation.

1. Your Cooperation; Transaction Coordinators. You shall at all times during your participation in the Lever Program and thereafter provide all cooperation and assistance as Lever may reasonably request (including access and credentials for your CRM and all other systems required to provide the Lever Service) to enable Lever to exercise its rights and perform its obligations under and in connection with these Terms. You agree that during the Term you will use transaction coordinators (TCs) either provided by Lever or approved by Lever for all real estate transactions.
2. Your Compliance with Law. You shall, and cause each of your employees to, at all times comply with all federal, state, and local laws, ordinances, regulations, and orders that are applicable to the operation of your business and to this Agreement and your performance hereunder. Without limiting the generality of the foregoing, you shall at all times, at your own expense, obtain and maintain all certifications, credentials, authorizations, licenses, and permits necessary to conduct your business relating to the exercise of its rights and the performance of its obligations under this Agreement. You shall comply with all industry-specific laws and regulations applicable to you and your business, including, but not limited to, the following: the Fair Housing Act, Title VIII Civil Rights Act of 1968, 42 USC 3600, et seq; the Telephone Consumer Protection Act (TCPA); the Telemarketing Sales Rules (TSR); the CAN-SPAM Act of 2003; the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16. C.F.R. Part 310); the California Consumer Privacy Act of 2018 (CCPA); the California Privacy Rights Act of 2020 (CPRA); the California Online Privacy Protection Act (CalOPPA); the Dodd-Frank Wall Street Reform and Consumer Protection Act; Section 5 of the FTC Act; the Consumer Leasing Act; the Electronic Fund Transfer Act; the Alternative Mortgage Transaction Parity Act; the Equal Credit Opportunity Act; the Fair Credit Reporting Act; the Fair Debt Collection Practices Act; the Home Mortgage Disclosure Act; the Real Estate Settlement Procedures Act; the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act; the Truth in Lending Act; the Gramm-Leach-Bliley Act; and Section 626 of the Omnibus Appropriations Act of 2009. If you receive an inquiry or complaint related to the Lever Services that falls under the TCPA, the TSR, the CAN-SPAM Act of 2003, the DO NOT CALL REGISTRY provisions, the CCPA, the CPRA, the CalOPPA, or any similar federal, state, or local statute or regulation for providing information that was procured through fraud, identity theft, or any illegal or illicit means, you shall, within twenty-four (24) hours of receipt of such a request, notify Lever of such inquiry, complaint, or request and cooperate in any investigation as the parties may deem appropriate.
3. Code of Conduct. Lever believes that all people deserve to be treated equally and with respect, regardless of their race, ethnicity, nationality, class, religion, belief, sex, language, sexual orientation, gender identity, age, health or other status. Lever chooses to work with professionals who both share these values and embody them in their interactions with consumers, our employees, and other professionals. In the event we determine, in our discretion, that you are not upholding these values, we may take action to ensure the integrity of the Lever Services, including ceasing to provide the Lever Services to you and terminating your Agreement with us. We may also, in our discretion, cease providing the Lever Services to you and terminate your Agreement with us in the event that you are charged with or convicted of a crime, or we otherwise believe that your participation in the Lever program could harm the reputation and/or good standing of the services offered by Lever or its affiliated companies.
4. Use Restrictions. You may not use the Lever Services for any purposes beyond the scope granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any person to: (i) copy, modify, or create derivative works of the Lever Services or any material created by Lever, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Lever Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Lever Services, in whole or in part; (iv) remove any proprietary notices from the materials provided to you by Lever or used in connection with the Lever Services; (v) input, upload, transmit, or otherwise provide to, through or in connection with the Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; (vi) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Lever Services or Lever’s provision of services to any third party, in whole or in part; (vii) access or use the Lever Services for purposes of competitive analysis of the Lever Services, the development, provision, or use of a competing product or any other purpose that is to Lever’s detriment or commercial disadvantage; or (viii) use the Lever Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
5. Effect of Your Failure or Delay. If Lever’s performance of its obligations under these Terms is prevented or delayed, in whole or in part, by any act, performance, failure to perform, or omission of the Participating Agent, Lever shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by you to the extent arising directly or indirectly from such prevention or delay.
6. Lever Program Components. Lever will support your personal and professional growth and business results while you build and maintain your own local brand through proven systems, tools and models, including:

• Lever to provide private customized weekly group training and development every Friday 9 AM – 10 AM PST
• accountability and goal tracking to support Agent’s goals outlined in your LAP
• weekly Lever Scripts Practice
• group and one-on-one training, as needed
• a custom first 100 days strategy session with an accompanying action plan to jump-start your business
• access to Lever’s online custom training video library
• administrative support for your practice, including:
  • database management;
  • marketing campaigns and support;
  • lead generation campaigns; and
  • transaction management
• custom Lever marketing assets and database campaigns customized to your business
• contact management through tagging and customized CRM touch plans
• transaction management for residential Leases, Buyers, and Sellers and Investors
• qualified lead distribution when agent expectations are consistently met
• database marketing, touch campaigns, social media assets and customizable client communication
• listing and buyer presentations with proven success
• closed transaction advertising, including a targeted touch system to stay in touch with past clients and generate referrals
• custom built brand guidelines for your business designed to inform your consistent marketing assets and efforts

Lever reserves the right to fit the marketing effort and third-party expenses on any listings to match the expected Transaction Fees to be received by Lever in the particular Transaction (such as a land or mobile home transactions).

1. Lever Marketing and Database Support. For the Lever Program to be most effective, it is recommended that you provide Lever access (credentials) to your current CRM/database as of the date you join Lever. During the Term, Lever will market to this database with Lever-approved marketing and touches. Any leads sourced or acquired from marketing to your database will be returned to you for follow-up. If you leave Lever, your original CRM/database will be returned to you. You also agree not to change any passwords/credentials without prior notice to Lever.

Alternatively, if you choose not to have Lever manage your current CRM/database as of the date you join Lever, you will still have access to Lever marketing assets, but you will be responsible for sending all marketing campaigns and touch plans to your own database.

1. Lever Tools. Subject to and conditioned on your compliance with these Terms, Lever hereby grants to the Participating Agent a limited, non-exclusive, non-transferable, revocable license to access and use certain technology for the Lever program (the “Lever Tools”) during the Term. Such use is limited to your internal use. This license shall immediately terminate upon the earlier of (a) the end of your participation in the Lever program; or (b) upon any expiration or earlier termination of this Agreement. You acknowledge that (a) the Lever Tools and related information are protected by intellectual property laws; and (b) except as expressly granted in this Agreement, you are not acquiring any rights in any Lever intellectual property. You shall not(a) sell, transfer, or disclose the Lever Tools to other persons or entities; or (b) provide log-in information or a sublicense to any other person or entity for use of the Lever Tools. ACCESS TO THE LEVER TOOLS AND THE LEVER SERVICES THEMSELVES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, LEVER MAKES NO WARRANTY OF ANY KIND THAT THE LEVER SERVICES OR LEVER TOOLS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
2. Fees and Payment Terms.
3. Fees. In consideration of the provision of the Lever Services by Lever and the rights granted to you under this Agreement, you shall pay Lever the monthly subscription fees (the “Subscription Fee”) and a Transaction Fee from all closed real estate transactions as set forth on the applicable Order Form, and as applicable, Referral Fees, (the Subscription Fee together with the Transaction Fee(s) and Referral Fee(s), the “Fees”), as follows:

(i) Subscription Fees. For purposes of the Subscription Fee, you authorize Lever to automatically charge your payment method (as may be updated by you from time to time) periodically for each subscription or billing period until the Lever Services are terminated in accordance with this Agreement. By authorizing recurring payments, you authorize Lever to process such payments as either electronic debits or fund transfers, or as electronic drafts from the designated bank account (in the case of Automated Clearing House or similar debits), as charges to the designated card account (in the case of credit card, debit card, or similar payments) (collectively, “Electronic Payments”). Customer is responsible for any merchant service transaction processing fees. If any payment is returned unpaid or if any credit card, debit card, or similar transaction is rejected or denied, Lever or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee to the maximum extent permitted by applicable law and to process any such fees as an Electronic Payment or to invoice you for the amount due;

(ii) Transaction Fees. As compensation for Lever’s providing the Lever Services to Participating Agent, in the event that any Participating Agent client (“Client”) (i) closes on the purchase, sale, purchase and sale or lease of residential real estate during the Term or (ii) enters into a contract for the purchase, sale, purchase and sale or lease of residential real estate during the Term, even if such closing occurs after the end of the Term (a “Transaction”), then Participating Agent will pay to Lever a fee (the “Transaction Fee”) equal to the Transaction Fee Percentage (as defined below) of the Gross Commissions (as defined below) on all such Transactions. Also for the avoidance of doubt: (a) a single closed real estate transaction can include both the buy-side and sell-side, and in such cases the Transaction Fee shall be due and payable from each side of a Transaction. “Gross Commission” is the gross amount that your broker/brokerage is eligible to receive from a Participating Agent client’s Transaction as stated in the closing statement or lease agreement(s) for such Transaction, including any bonuses paid to an agent for client-side real estate brokerage services and real estate agency services of any and all real estate transactions (including subsequent lease commissions on a property purchased or sold); provided that, if you close a Transaction via a referral to you where you owe a referral fee to a third-party, Gross Commission will be reduced by such third-party referral fee. The “Transaction Fee Percentage” is 20%; provided, that, the Transaction Fee Percentage shall be reduced if Participating Agent achieves, in a 12-month period, either of the following (a) transaction number or (b) transaction volume (based on closing price) targets: