Terms of Service

These terms are the agreement between you and OKTO Software. They cover what the service does, what you owe us, what we owe you, who owns what, and what happens when either side wants to stop. If you use OKTO on behalf of a brokerage or team, you are agreeing on its behalf and confirming you are allowed to.

1. The service

OKTO Software is a subscription platform for real estate businesses. It brings transactions, contacts, documents, electronic signatures, compliance, marketing, financials and reporting into one system. We may add, change or retire features over time; if we remove something you materially rely on, we will tell you before it happens.

2. Accounts and access

Accounts belong to the business, not to an individual. Each account has a master administrator who controls users, permissions and billing. If you were invited by an administrator, they can change or revoke your access.

• You are responsible for what happens under your sign-in. Keep your password to yourself.
• Tell us promptly if you believe an account has been accessed without authorisation.
• You must be 18 or older and legally able to enter this agreement.
• Where a licence is required to do the work you are doing, holding it is your responsibility, not ours.

Our staff may access your account to provide support, investigate a problem, or where the law requires. That access is deliberate and recorded rather than routine.

3. Trials, billing and renewal

• Free trial. Trials run for the period stated at signup. You may cancel at any time before it ends and you will not be charged.
• Subscriptions renew automatically at the plan price and interval you chose — monthly or annual — until you cancel.
• Payment is processed by Stripe. We do not see or store your full card number.
• Cancellation takes effect at the end of the current paid period. Your account stays usable until then.
• Refunds. Fees already paid are non-refundable except where the law requires otherwise or we agree in writing. We do not pro-rate partial periods.
• Price changes apply from your next renewal, with at least 30 days' notice.
• Failed payment. If a charge fails we will retry and notify you. If it stays unpaid, we may suspend the account. We will not delete your data during suspension — see section 12.
• Taxes are your responsibility where they apply.

4. Your data

You own your data. Contacts, transactions, documents, signatures, financial records and everything else you put into OKTO remain yours. We claim no ownership of it.

You grant us only the permission we need to run the service: to store, process, back up, transmit and display your data to the people you have authorised. We do not sell it, we do not use it to advertise to anyone, and we do not use one customer's data to serve another. How we handle it is set out in the Privacy Policy.

You are responsible for having the right to put into OKTO what you put in — including any client information you are holding on someone else's behalf.

5. Acceptable use

Do not use OKTO to:

• break the law, or help anyone else break it;
• store or send material you have no right to;
• attempt to access another account, or probe, scan or test our security without written permission;
• interfere with the service or the infrastructure behind it;
• resell, sublicense or white-label the service without an agreement with us;
• scrape, copy or reverse engineer the platform, or use it to build a competing product;
• send unlawful or deceptive marketing, including material that violates fair housing or truth-in-advertising rules.

We may suspend an account that is causing harm to the service or to other customers, and will tell you why.

6. Electronic signatures

OKTO includes electronic signature features. Under the federal E-SIGN Act and the Arizona Uniform Electronic Transactions Act (A.R.S. §§ 44-7001 et seq.), a signature or record is not denied legal effect merely because it is electronic — provided the parties agreed to transact electronically and the record stays accurate and accessible.

By signing electronically in OKTO, a signer agrees to use electronic records and signatures for that transaction. Every signer is entitled to know the following, and it is stated here so it is always available:

• Withdrawing consent. A signer may decline to sign electronically at any time before completing, and ask the sending party for a paper process instead. Withdrawing consent does not undo a signature already completed.
• Paper copies. A signer may request a paper copy of any record they signed from the party that sent it. We do not charge for producing the electronic copy.
• What you need. A current web browser, an internet connection, an email address that can receive our messages, and the ability to view and save PDF files.
• Keeping a copy. Completed documents can be downloaded and saved. Save your own copy — do not rely on continued access to an account you may not always have.

We retain a signature audit record — who signed, when, from what address, and the document version — so the record accurately reflects what was signed and remains accessible for later reference, as UETA requires.

Some records cannot be signed electronically under law. Determining whether a particular document qualifies is the responsibility of the parties and their broker, not ours.

7. Records and compliance

Under A.R.S. § 32-2151.01(A), brokers must retain required records for at least five years. OKTO is built to hold them for that period, but the legal obligation stays with the broker. We are the system; you are the record-keeper of record. Keep your own export if the records matter to you, and do not treat our retention as a substitute for your compliance programme.

OKTO does not supervise your business, does not review your files for compliance, and does not act as your broker, attorney or accountant.

8. AI features

OKTO includes AI features that draft, summarise, answer questions and flag possible issues. They are tools, not advice.

• AI output can be incomplete or wrong. Review it before you rely on it.
• Nothing an AI feature produces is legal, financial, tax or compliance advice.
• A compliance flag — or the absence of one — does not mean a document or advertisement complies with ADRE rules, fair housing law or anything else. That judgement is yours and your broker's.
• You are responsible for what you send, publish or sign after using an AI feature.

9. Availability and support

We aim to keep OKTO available continuously, but we do not promise uninterrupted service. Maintenance, third-party outages and events outside our control can interrupt it. We will give notice of planned maintenance where we reasonably can.

Support is provided through the in-product support channel during business hours, Arizona time.

10. Disclaimers

OKTO is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free, that defects will be corrected, or that it will meet your particular requirements.

11. Limitation of liability

To the fullest extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost data, even if advised such damages were possible.
• Our total liability arising out of or relating to these terms is limited to the amount you paid us in the twelve months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law.

Indemnity. You will defend and indemnify us against claims arising from your use of the service in breach of these terms, from data you put into OKTO that you had no right to, or from your own violation of law.

12. Termination and export

You may cancel at any time from your account settings; cancellation takes effect at the end of the paid period. We may terminate or suspend for material breach, non-payment, or where required by law, with notice where practical.

Getting your data out. While your account is active you can export your data at any time. After cancellation or termination, you have 30 days to request an export. Given the five-year retention obligation described in section 7, export your records before you leave — do not assume you will be able to retrieve them later.

After that window we may delete your data in the normal course, subject to the retention periods in the Privacy Policy and any legal hold.

13. Governing law

These terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Pima County, Arizona, and both parties consent to that jurisdiction.

If any provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it.

14. Changes and contact

We may update these terms. Material changes will be announced in the product at least 30 days before they take effect, and the date at the top tells you which version you are reading. Continuing to use OKTO after that date means you accept the updated terms. If you do not, you may cancel.

OKTO Software
Tucson, Arizona, United States
[email protected]