These Terms of Service (“Terms”) are a binding agreement between you and Genesis Arc Technologies Inc. (“Genesis Arc”, “we”, “us”) and govern your access to and use of the Genesis Arc software, websites, applications and related services (the “Service”). By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service. If you use the Service on behalf of a brokerage or other organization, you confirm that you are authorized to bind that organization to these Terms.
About the Service. Genesis Arc is a software workspace for licensed real estate professionals. It helps you manage contacts, leads, buyers and listings; prepare, read and compare contracts and market reports; create marketing materials; publish an agent website; host video meeting rooms; send video messages; run open-house sign-in; and place, receive and follow up on client communications by phone, text and email. An AI assistant, ARIA, supports these tasks — for example acting as a receptionist, drafting client messages for your approval, summarizing calls, and translating and explaining content. Features, and the third-party services they rely on, are described in these Terms and in the Privacy Policy.
1. Eligibility and accounts
You must be at least 19 years of age and a licensed real estate professional (or acting under one’s supervision). You access the Service with your Google account and are responsible for safeguarding your sign-in, devices and any access codes or PINs (including open-house kiosk codes and privacy-screen codes), and for all activity under your account. Access to board or MLS® data is conditional on our verification of your real estate licence and board membership. Access during any beta or invite-only period is at our discretion and may be limited, suspended or revoked at any time.
2. Our intellectual property; your licence
The Service — its software, code, interface, design, workflows, AI features and prompts, templates, documentation and branding — is owned by Genesis Arc or its licensors. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own bona fide business purposes. Marketing materials you create using our templates and tools (such as business cards, feature sheets, postcards and social graphics) are yours once finished; we retain all rights in the underlying templates, designs, software and engine used to produce them. Your ownership of a finished marketing piece is subject to the licence terms of any third-party or stock assets (such as fonts, icons, images or other content) incorporated into it, and you are responsible for complying with those third-party licences. You will not (and will not permit anyone to): copy, resell, sublicense, rent or lease the Service; reverse engineer, scrape or extract its source code, prompts or know-how; use it to build a competing product; run bots or automated tools against it; bypass security; or remove proprietary notices. “Genesis Arc” and associated logos are our trademarks. If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without restriction or obligation to you.
3. Your data
The Service is designed so your business data — contacts, listings, documents, photos, reports and settings — is stored in your own Google Drive account and on your own devices. We do not operate data servers for that content and, as between you and us, you own it. You are responsible for: (a) your backups (the Service is not a system of record, and for data stored on our infrastructure we will make reasonable efforts to maintain it but do not guarantee against loss); (b) the accuracy of what you store; (c) obtaining any consents required to collect and use personal information of your clients with the Service; and (d) your compliance with privacy laws applicable to you, including BC’s Personal Information Protection Act and PIPEDA. Some features transmit content you choose to process to third-party AI and infrastructure providers on your instruction, as described in the Privacy Policy.
Data processing. To the extent the Service processes personal information about your clients on your behalf, you are the organization responsible for that information and Genesis Arc acts as your service provider (processor) within the meaning of BC’s Personal Information Protection Act. Genesis Arc will: (a) process such personal information only to provide the Service and on your instructions (including as described in the Privacy Policy), except where law requires otherwise; (b) apply appropriate technical and organizational safeguards; (c) engage subprocessors only as described in the Privacy Policy and remain responsible for their processing; (d) assist you, taking into account the nature of the processing, in responding to client access, correction and deletion requests and in meeting your breach-notification obligations; and (e) on termination, delete or return such personal information except as law requires it to be retained. This section does not apply to information for which Genesis Arc is itself the responsible organization, as described in the Privacy Policy.
4. AI features and professional responsibility
The Service includes AI features that draft, summarize, read, translate and edit content — including real estate forms and clauses, contract reading, comparative market analyses, photo commentary, marketing text, translated websites, meeting-room clause translations and explanations, and edited or virtually staged images. Content processed through these features is handled as described in the Privacy Policy, including that content sent to the AI provider is used only to generate the output you request and, under our or your agreements with the AI provider (depending on whose account is used), is not used to train the provider’s models. AI outputs can be wrong, incomplete or misleading.
You agree that:
- all AI outputs are drafts and aids — you must independently review and verify every output before relying on it or presenting it to any client or other person, including AI-drafted client communications (such as texts, emails, letters, cover notes, call summaries and follow-up messages) and AI translations of your website and of contract clauses;
- the Service does not provide legal, financial, appraisal, inspection or tax advice; plain-language clause explanations are descriptive summaries, not legal advice;
- photo-based commentary is not an inspection or appraisal, and estimated values are not appraisals;
- you are solely responsible for compliance with your professional obligations — the Real Estate Services Act (BC), BCFSA rules, your brokerage’s policies, board and MLS® rules, FINTRAC obligations and advertising standards — including required disclosure of virtually staged or AI-modified images, and the content of any website we host for you; and
- you will not remove AI-disclosure labels the Service applies.
5. Hosted websites, meeting rooms and third-party services
Hosted websites. If you publish an agent website through the Service, you are the publisher of its content (including AI-drafted or AI-translated copy you approve by publishing) and responsible for its accuracy and regulatory compliance. We may suspend sites that break the law or these Terms.
Public search site. We operate a public property-search site where consumers can register, save searches and submit inquiries. Registration and inquiries are handled as described in the Privacy Policy, and a consumer’s contact details are shared with a licensed agent only with the consumer’s consent. Consumers may be required to accept separate terms of use for that site.
Video meeting rooms. Meetings are live, peer-to-peer and not recorded by the Service. By joining a room, participants consent to a live video/voice call. Do not record a meeting except in compliance with applicable law and with appropriate notice. Documents shared in a room go directly between participants; a copy is stored only if the agent chooses to save it, as described in the Privacy Policy.
Calls placed from the Service. Calls you place to clients from the Service run through your own telephony account and are recorded and transcribed after an automated announcement to the other party, as described in the Privacy Policy. You are responsible for that announcement being played, for turning recording off where required, and for compliance with all laws and rules on call recording that apply to you.
Transaction desk. The Service lets two members negotiate a transaction — sending offers, confirming receipt, indicating whether it is a multiple-offer situation, exchanging counters, and collapsing a deal with a release — and keeps a timestamped log of these actions for compliance, as described in the Privacy Policy. You are responsible for your own professional and regulatory obligations in any transaction, including making any multiple-offer disclosure required by your board or BCFSA, using the correct release form for a collapsed deal, and verifying the accuracy of what you send and receive. The log records actions taken in the Service and does not replace your brokerage’s record-keeping obligations.
Third-party services. The Service interoperates with services you choose to connect (Google, electronic signature providers, telephony, AI providers, market-data sources). Certain features require you to supply your own third-party accounts and API keys, including your AI provider and telephony (Twilio); those accounts, their fees and their terms are your responsibility. Their terms and privacy policies govern your use of them. Board data and MLS® content are subject to the rules of the applicable board or licensor.
6. Plans, Fees and Rate Lock
During the beta period (until December 31, 2026) the Service is provided at no charge to approved beta members. After the beta, paid features (“upgrades”) and their prices are shown inside the Service, on the Upgrades screens of your workspace, in Canadian dollars, taxes extra. The Founding-member rate, where offered, is published at genesisarc.ca/pricing together with its conditions and dates.
Your rate is set at signup. While your subscription stays continuously active, your price will not increase - with one exception: if our underlying third-party infrastructure or provider costs rise materially and beyond our control, we may adjust prices on at least 90 days’ written notice. Where a price shown inside the Service changes, the change applies to new purchases of that feature only.
Renewals and cancellation. Subscriptions renew automatically (monthly or annually) until cancelled. You may cancel at any time through your account settings or by contacting us at [email protected]. Cancelling stops future renewals; except where the law requires otherwise, fees already paid are not refunded, and your access continues to the end of the paid period.
Lapse and return. If your subscription lapses, rejoining is at the then-current published price.
Free trials. Where offered, each paid feature may be tried once, free, for 14 days with a payment method on file; the trial converts to a paid subscription unless cancelled before it ends. Included monthly amounts during a trial are reduced in proportion.
Yearly plans. A yearly plan is billed once, in advance, and its rate is locked for that year. A yearly plan may be cancelled for a full refund within 14 days of its first purchase; after that, fees already paid are not refunded except where the law requires otherwise. We will email you at least 30 days before a yearly plan renews.
Failed payments. If a payment fails we retry it over the following days and let you know. If it still cannot be collected, your paid features pause until the balance is settled; the board core keeps working and nothing is deleted. Phone numbers provisioned through the Service can be ported out when you leave, on request.
Referral credits. Members may receive account credits for referring another licensed real estate professional who becomes a paying subscriber, as described inside the Service. Credits apply to future invoices, have no cash value, and may be reversed if the referred subscription is refunded or charged back within 30 days. No referral credit is paid for your own accounts.
Advertising on genhome.ca. Agents and local businesses may purchase placements on our consumer site that are clearly labelled Featured or Sponsored. Placements never alter listing data, search order or consumer matching, and no consumer personal information is shared with a sponsor.
Third-party charges. Services you choose to connect under your own account with another company (for example DocuSign) are billed by that company and are your responsibility. Your phone line, ARIA’s voice and AI, Genesis Sign and your website are provided by Genesis Arc and included in their features.
7. Acceptable use
You will not use the Service to violate any law or third-party right; to upload malicious code; to interfere with the Service or others’ use of it; to misrepresent AI-modified content as unmodified; or to send spam or communications that violate CASL or similar laws — consents for your marketing messages are your responsibility. For texts and emails the Service sends on your behalf, you are responsible for obtaining and maintaining the required CASL consent; the Service identifies the sender and honours STOP and unsubscribe requests automatically. We may suspend or terminate access for violations.
8. Termination
You may stop using the Service at any time. We may suspend or terminate access at any time, with or without cause or notice, including to protect the Service, other users or ourselves. We may also modify, suspend or discontinue the Service or any of its features at any time; where a change materially reduces a paid feature, we will endeavour to give you at least 30 days’ notice. Because your data lives in your own Google Drive and devices, it remains yours after termination. Sections 2, 3, 4, 6 (for fees accrued before termination), 9, 10, 11 and 12 survive.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY AND NON-INFRINGEMENT, ALL DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DATA WILL NOT BE LOST.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENESIS ARC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PROFESSIONAL OR REGULATORY LIABILITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. OUR TOTAL AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF CAD $100 AND THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW. THE LIMITATIONS IN THIS SECTION DO NOT LIMIT YOUR INDEMNIFICATION OBLIGATIONS OR YOUR LIABILITY FOR YOUR HANDLING OF CLIENT PERSONAL INFORMATION, YOUR CASL COMPLIANCE, OR YOUR PROFESSIONAL AND REGULATORY OBLIGATIONS.
11. Indemnification
You will indemnify, defend and hold harmless Genesis Arc and its directors, officers and personnel from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or relating to: (a) your data and your clients’ personal information, including your collection, use, disclosure, retention and security of it; (b) your use of the Service; (c) your breach of these Terms; and (d) your violation of any law or third-party right, including privacy law (such as PIPEDA and BC’s Personal Information Protection Act), CASL and other anti-spam requirements for messages sent through the Service, and your professional, civil, regulatory and licensing obligations. This indemnity does not apply to the extent a claim arises from our own negligence or wilful misconduct, and applies only to the extent permitted by applicable law, including applicable consumer-protection legislation.
12. General
12.1 Governing law and jurisdiction. These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable in it; the parties attorn to the exclusive jurisdiction of the courts of British Columbia. However, if you are a consumer, nothing in these Terms deprives you of the protection of the mandatory consumer-protection laws of your province or territory of residence where applicable law so requires.
12.2 Changes to these Terms. We may update these Terms; material changes will be indicated by the “Last updated” date and, where practical, in-app notice. Where a change materially affects your rights or obligations, we will provide notice and obtain your express consent before it takes effect where required by applicable law. Continued use after the changes take effect constitutes acceptance.
12.3 Severability. If any provision is unenforceable, the remainder continues.
12.4 Assignment. You may not assign these Terms; we may assign them in a reorganization or sale.
12.5 Entire agreement; order of precedence. These Terms, together with the Privacy Policy and any beta agreement you have signed, are the entire agreement between you and Genesis Arc regarding the Service and supersede all prior or contemporaneous discussions and agreements. If there is a conflict, the following order of precedence applies: (1) any beta agreement you signed (during beta participation); (2) these Terms; and (3) the Privacy Policy.
12.6 Class action waiver. To the fullest extent permitted by applicable law, you and Genesis Arc agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. This waiver does not apply where it is prohibited or unenforceable under applicable law, including under applicable consumer-protection legislation.
12.7 No waiver. No waiver of any term is effective unless in writing, and no failure or delay in exercising any right operates as a waiver of it.
12.8 No third-party beneficiaries. Except as expressly stated, these Terms confer no rights on any person other than you and Genesis Arc.
12.9 Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, government action, or failures of third-party services or infrastructure.
12.10 Interpretation. Headings are for convenience only and do not affect interpretation. “Including” and “include” mean including without limitation. References to a statute include its regulations and any amendments. The parties have requested that these Terms be drafted in English.
12.11 Notices. We may provide notices to you by email or within the Service; notices to us must be sent to [email protected].
13. Contact
Genesis Arc Technologies Inc.
Nanaimo, British Columbia
[email protected] · billing: [email protected] · support: [email protected]