Terms of Service

By accessing or using the Swim Homes platform, you agree to comply with these Terms and any policies referenced within, including our Privacy Policy and AI Disclaimer. These Terms apply to all visitors, users, and others who access the website or use our services. The Privacy Policy and AI Disclaimer are incorporated into and form a part of these Terms.

You acknowledge that these Terms form a binding agreement between you and Swim Homes, and you represent and warrant that you have the legal capacity to enter into these Terms. If you are accessing or using our services on behalf of a business entity, you confirm that you have the authority to bind the entity to these Terms.

You must be at least 18 years of age to access or use the Swim Homes platform. By accessing or using our services, you represent and warrant that you are at least 18 years old. Individuals under the age of 18 are strictly prohibited from using our website and services.

Swim Homes provides a platform where users can list, buy, and sell homes directly without the involvement of real estate agents. The platform allows for the listing of properties for sale and for potential buyers to make inquiries, view listings, and negotiate with sellers. We offer flat-fee services that include tools to list properties, schedule showings, and manage certain transaction-related tasks, but we are not a licensed real estate brokerage or agent.

Swim Homes may partner with third-party realtors solely for the purpose of syndicating listings to multiple listing services (MLS). This partnership does not establish any form of realtor-client or broker-client relationship between Swim Homes, you, or any third-party realtors. Any agreement or arrangement you enter into with third-party realtors will be separate from your use of our platform and should be carefully reviewed by you.

You acknowledge that Swim Homes is not a licensed realtor, broker, or legal advisor. We provide tools and resources to help you sell or buy property, but we do not represent you in any legal or real estate capacity. We do not enter into any contractual agreements on your behalf nor do we facilitate the transfer of legal ownership in real estate transactions. You are solely responsible for verifying the accuracy of any legal documents and handling the transfer of ownership of any property bought or sold through the platform.

We highly recommend that you seek independent legal, financial, and real estate advice before entering into any transaction facilitated by the Swim Homes platform. The tools, checklists, and advice provided by Swim Homes are general in nature and do not substitute for professional services.

Swim Homes provides various AI-powered tools and features, including "the Captain" AI assistant, to help users navigate the real estate process. These AI features are provided for informational and convenience purposes only and have the following limitations:

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ('Content').

You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Swim Homes provides the platform and services on an "as is, where is" basis. While we aim to offer the best tools and resources, we make no guarantees regarding the availability, accuracy, or completeness of the platform or the outcomes of using the platform. You agree that your use of the platform is at your own risk.

Swim Homes disclaims any warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement.

Swim Homes may work with licensed realtors to post your property listings on MLS or similar real estate services in Ontario. This syndication is for listing purposes only, and does not create any formal relationship between Swim Homes, the realtor, and you. No realtor-client or broker-client relationship is established between Swim Homes and its users. You should seek the services of a licensed realtor or legal professional if you require specific advice or representation in your real estate transaction.

For certain services, including but not limited to photography, home staging, inspections, and other professional services that may be offered through the platform, Swim Homes may arrange for third-party service providers to deliver these services. These service providers are independent contractors and not employees, partners, or agents of Swim Homes. Swim Homes merely facilitates the connection between you and these third-party service providers.

While Swim Homes makes reasonable efforts to vet and select qualified service providers, we do not control their day-to-day activities, professional judgments, or the manner in which they perform their services. Service providers maintain their own professional licenses, insurance, and business operations independent of Swim Homes.

Swim Homes reserves the right to suspend or terminate your access to the platform at any time, with or without notice, if:

You violate any provision of these Terms or any applicable law.

You engage in fraudulent, abusive, or illegal activity.

You misrepresent information related to a property or transaction.

You fail to comply with our policies, including providing false or misleading information.

You use the platform in a manner that may harm the company or other users.

You misuse our AI tools or attempt to manipulate them in ways contrary to their intended use.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

Swim Homes provides a neutral platform that facilitates communication between buyers and sellers. We are not a party to any agreements, contracts, or transactions made between buyers and sellers on the platform, and we do not guarantee the performance of any party to a transaction. Swim Homes makes no representations or warranties regarding the condition, legality, or accuracy of any listing or property advertised through our platform.

To the fullest extent permitted by law, Swim Homes disclaims all liability for any damages or losses, whether direct, indirect, incidental, or consequential, arising out of your use of the platform, the listing of a property, the use of our AI tools, or the completion (or failure to complete) a transaction.

Swim Homes' liability related to third-party services arranged through our platform is strictly limited to the cost paid for that specific service. In the event that you are dissatisfied with a third-party service provider's work, Swim Homes' sole obligation is to arrange a qualified replacement to re-perform the service or, at our discretion, to refund the amount paid for that specific service.

Under no circumstances will Swim Homes be liable for indirect, special, incidental, exemplary, punitive, or consequential damages resulting from any third-party service, including but not limited to lost profits, missed selling opportunities, property damage, or time delays, regardless of whether such damages were foreseeable and whether Swim Homes was advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Swim Homes, its affiliates, partners, officers, directors, agents, and employees from any claim, demand, liability, or damage, including reasonable attorneys' fees, arising from your use of the platform, your breach of these Terms, or your violation of any law or the rights of a third party.

This indemnification obligation includes, but is not limited to, any claims related to property misrepresentation, breach of contract, or failure to comply with applicable real estate regulations. Swim Homes reserves the right to assume the exclusive defense of any matter subject to indemnification by you, at your expense.

Swim Homes owns all intellectual property rights to the platform, including all text, graphics, logos, and content made available through the website. This includes user-generated content and submissions, which upon submission, are licensed to Swim Homes for use in connection with the platform. By submitting content to the platform, you grant Swim Homes a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and display the content for any purpose related to the operation and promotion of the platform.

In the event of a dispute arising from these Terms or your use of the platform, you agree to negotiate in good faith with Swim Homes for at least 90 days before resorting to arbitration or legal action. If the dispute cannot be resolved through negotiation, it shall be referred to binding arbitration in Ontario, Canada. The arbitration will be conducted by a single arbitrator, and the arbitration will be conducted in writing unless the parties mutually agree otherwise.

You agree that any dispute will be resolved exclusively by arbitration, and no class action or representative action may be brought against Swim Homes.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising out of or related to these Terms or your use of the platform will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

We may update these Terms from time to time. When we do, we will revise the 'Effective Date' at the top of this page. Any changes to the Terms will be effective immediately upon posting. Your continued use of the platform after any changes are posted constitutes your acceptance of the new Terms.

Swim Homes shall not be liable for any failure to perform its obligations under this agreement where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or internet service, or any other event beyond the reasonable control of Swim Homes.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

These Terms, together with the Privacy Policy and AI Disclaimer, constitute the entire agreement between you and Swim Homes regarding the use of the platform and services, and supersede all prior and contemporaneous written or oral agreements, communications, and other understandings relating to the subject matter of these Terms.

The failure of Swim Homes to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by Swim Homes of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.