Terms & Conditions

209-947-5925

Terms and Conditions

Terms and Conditions (January 13, 2025)

Table of Contents

Definitions
Homebuyer Terms and Conditions
Realtor Terms and Conditions

1. Definitions

Lead: Includes buyers, sellers, and renters assigned to a Realtor by Cher.
Reassignment: Defined as any instance where a lead actively chooses to engage a different Realtor, requests a new Realtor, or indicates dissatisfaction with the originally assigned Realtor.
Realtor: A licensed real estate professional in good standing who subscribes to Cher’s platform.

2. Homebuyer Terms and Conditions

2.1 Important Notices

Cher is a Delaware C Corporation operating as a foreign entity in California under the DBA “Cher Realty Inc.” and is a licensed real estate brokerage and mortgage brokerage. Our license numbers are as follows:

NMLS: #1898741
DRE: #02094241

Cher values your privacy and is committed to safeguarding your personal information. Cher currently operates within the United States. This Privacy Policy complies with the California Consumer Privacy Act (CCPA) for residents of California. While Cher does not actively operate within the European Union (EU), this policy may align with the General Data Protection Regulation (GDPR) if applicable. By accessing our website or using our services, you agree to the collection, use, and disclosure of your information as outlined in this policy.

2.2 Who Collects Your Information on Our Website?

Cher collects information directly through our website, forms, and interactive features. We may use third-party services to assist with data collection and processing, but we are not responsible for information shared directly with third parties.

2.3 What Information Do We Collect?

We collect both personal and non-personal information, including but not limited to:

Personal Information: Full name, username, email address, phone number (used for two-factor authentication), and mailing address.
Homebuying Preferences: Cities and counties of interest for purchasing a home (limited to a specific number of cities and counties, as determined by Cher at its discretion), type of home to buy (dropdown selection), monthly mortgage payment range, minimum and maximum price, property type, desired number of bathrooms and bedrooms.
Realtor and Financing Information: Details on whether the user is currently working with a Realtor or lender. Users must acknowledge that points and Cher Coins eligibility are contingent on using Cher’s financing and Realtor services. If users select “I already have a Realtor” or “I already have a lender,” they must provide documentation related to pre-approval or financing.
Interaction Preferences: Whether the user would like to speak with a Realtor immediately or prefer a more experienced Realtor after obtaining pre-approval.
Non-Personal Information: Cookies, browsing activity, and aggregated site usage data.

2.4 How Do We Use the Information We Collect?

We use your information for the following purposes:

Providing Services: Delivering courses, tools, and services related to your homebuying journey.
Communication: Sending updates, notifications, promotional offers.
Improvement: Enhancing website performance and user experience.
Monetization: Providing subscribed and non subscribed Realtors, MLO’s and other real estate professionals access to data provided by you and gathered through Cher but not limited to this activity.

2.5 Eligibility to Earn Cher Coins

Cher Coins are a part of our rewards program. To earn Cher Coins, users must:

Reside in the United States.
Complete required courses and activities outlined in the program.
Utilize Cher’s financing services for home loans. Users obtaining financing through a lender other than Cher will not be eligible to earn Cher Coins for courses related to financing or pre-approval.
Work with Cher-affiliated Realtors or non-Cher Realtors. Users working with non-Cher Realtors may still participate in courses and earn Cher Coins for eligible activities.

Example Scenario:

A user completes three required courses and earns 100 Cher Coins. They work with a non-Cher Realtor but use Cher for loan origination. As a result, they are still eligible to redeem their Cher Coins for rewards.
Conversely, if the user uses a non-Cher lender and a non-Cher Realtor, they may complete courses but are not eligible to redeem Cher Coins for rewards.

2.6 Redemption of Cher Coins

Cher Coins can be redeemed for rewards provided by Cher’s affiliates. Options will be made available to users at different stages of the homebuying journey: before purchasing a home, during the process, or after closing.
Redemption of Cher Coins is contingent upon Cher’s ability to generate sufficient revenue through Realtor subscriptions. Coins are based on Cher’s earnings and cannot guarantee a fixed value.
To redeem Cher Coins, users must be U.S. citizens or green card holders legally residing in the United States.
The maximum value, points, or rewards available in the Cher Coins program are determined at the sole discretion of Cher Inc. DBA Cher Realty Inc. and may be adjusted at any time.
Rewards redeemed through Cher Coins cannot be resold under any circumstances.
Some rewards may come from non-Cher affiliates and are subject to their respective terms and conditions.
Cher reserves the right to change the name of the rewards system (e.g., Cher Points) or alter the structure of the program at its sole discretion without prior notification to users.
Cher Inc. DBA Cher Realty Inc. retains full discretion to issue, adjust, or revoke Cher Coins, deny platform access, or make other system changes as deemed necessary.

2.7. How Do We Store and Protect Your Information?

After receiving your Personal Data, we will store it on our Website systems for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.
If you are visiting the Website from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our web servers and internal systems located within the USA. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the USA, where you may not have the same rights and protections as you do under local law.
We store Personal Data for as long as reasonably required for its purpose or for any additional period required by law (if any). Account information is deleted when you or when we delete your account. We may store information longer for legitimate business reasons (for example, Personal Data may remain in backups for a reasonable period of time), or as legally required. Otherwise, we store your Personal Data until you request us to remove it from our servers. We store our logs and other technical records indefinitely.

2.8. How Do We Use Cookies And Other Network Technologies?

Cookies. To enhance your online experience with us, our web pages may presently or in the future use “cookies.” Cookies are text files that our web server may place on your hard disk to store your preferences. We may use session, persistent, first-party and third-party cookies. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in a cookie. You can set your browser to notify you when you receive a cookie, providing you with as much control as you wish as to the decision to accept/reject the cookie, and deletion of the cookie upon leaving our Website. Please note, however, that if your browser does not accept cookies, you may not be able to take advantage of all of the features of our Website.
GIFs. We or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” “embedded links” and other commonly-used information-gathering tools in connection with some Website pages and HTML-formatted email messages. We use these tools for such purposes as compiling aggregate statistics about Website usage and response rates. A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives. Pixel tags allow us and our service providers to count users who have visited certain pages of the Website, to deliver customized services, and to help determine the effectiveness of our Website and Services. When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.
Clickstreams. As you use the Internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use clickstream data as a form of non-PII to determine how much time visitors spend on each page of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Website.
Do Not Track. Many modern web browsers give you the option to send a “Do Not Track” signal to the websites you visit, indicating that you do not wish to be tracked. At this time, the Website and Services do not specifically respond to “Do Not Track” signals.
Advertising. Note that we may use cookies and other technologies for purposes of on-line advertising. This means that when you use the Services, we or third party ad servers, ad network providers or advertisers (collectively “Ad Providers”) may use cookies that they collect or that we provide to them. Such Ad Providers may collect information about your use of the Services (including mobile applications) or your online activities over time and across different websites and devices. Collected information may include the content you viewed, the date and time that you viewed this content, and the website that referred you to the Services. This information may be associated with your unique browser, device identifier or IP address. Ad Providers may provide you with advertisements that you may see on the Services or on affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Ad Providers may use cookies, web beacons, clear GIFs or similar technologies. These practices help tailor advertisements that are relevant and of use to you. You may control or opt- out of such advertising by changing the cookie settings in your browser as described above.
User Behavior Tracking. We may track the webpages and links our users visit within our Website, in order to determine what Services are most popular. We may use such tracking data to deliver customized content and advertising to users whose behavior indicates they are interested in a particular subject area. We may also collect user data to enable “heat mapping” capabilities that track the areas of a webpage where users most frequently move the mouse or click. These tracking activities make it possible to monitor and analyze web traffic and evaluate user behavior to customize our Services.

2.9 Children and Young People’s Information

We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, USA Children’s Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting Personal Data from minors. Please see the FTC’s website (www.ftc.gov) for more information. Our Website will not knowingly accept Personal Data from anyone under 18 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a person under the age of 18 has provided PII to us without parental consent, we will make efforts to delete the person’s information in accordance with the COPPA. If you have concerns about this Website or its Services, wish to find out if your child has accessed our Services, or wish to remove your child’s Personal Data from our servers, please contact us at cher@cher.app.

2.9.1 Changes to this Policy

If you have any questions or concerns about this Privacy Policy, please contact us via e-mail at cher@cher.app

Copyright © Cher DBA Cher Realty INC. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

Realtor Terms and Conditions

3.1 Subscription Plans and Payments

Realtors must subscribe to one of Cher’s paid plans to access leads and platform tools.
Subscription fees are non-refundable and must be paid monthly to maintain access.
Cher reserves the right to change subscription policies or pricing with 30 days’ notice.

3.2 Use of Leads

Leads provided by Cher are exclusive to the Realtor(s) as part of Cher’s subscription plan and belong to Cher. Leads must not be used post-termination of the relationship with Cher or outside of the Cher platform. Leads must not be shared, sold, or transferred to third parties or anyone outside of Cher.
Realtors must contact leads at least 5 times using Cher’s designated CRM, Lofty, ensuring each attempt includes a phone call, text, or email, all logged with detailed notes. These 5 contact attempts must be completed within a 7-day period from when the lead is assigned.
If a homebuyer or lead elects to use a different Realtor, this will count as a reassignment. No refund will be issued for the lead in this case. Realtors are expected to provide timely and high-quality service to leads to minimize reassignment requests and ensure a positive experience for homebuyers.
Realtors are prohibited from recontacting reassigned leads for 12 months following reassignment.

3.3 Code of Conduct

Realtors must act ethically and professionally when interacting with leads and other platform users.
Realtors must comply with Fair Housing laws and refrain from discriminatory practices.

3.4 How Do We Use the Information We Collect?

We use your information for the following purposes:

Providing Services: Delivering courses, tools, and services related to your subscribed experience.
Communication: Sending updates, notifications, promotional offers.
Improvement: Enhancing website performance and user experience.
Monetization: Providing other real estate professionals access to data provided by you and gathered through Cher but not limited to this activity.

3.5 Indemnification and Liability

Realtors agree to indemnify Cher against claims, damages, or losses resulting from their use of the platform.
Cher does not guarantee lead responsiveness or Realtor income generated through the platform.
Cher shall not be held responsible for delays or unresponsiveness from leads due to unforeseen circumstances, such as natural disasters or technical outages.

3.6 Dispute Resolution

Disputes shall follow this process:
1. Mediation: Attempt resolution through mediation facilitated in Orange County, California.
2. Arbitration: If mediation fails, disputes proceed to binding arbitration under AAA rules.
3. Litigation: Only if arbitration fails, disputes proceed to litigation in Orange County, California.

Legal Fees: If Cher prevails, the opposing party bears all legal fees. If the opposing party prevails, Cher is not responsible for their legal fees.
Severability If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in effect.

3.8 Platform Use Updates Cher reserves the right to update or modify its platform, tools, or processes at any time without prior notice to ensure compliance or improve services.

3.9 Children and Young People’s Information

3.9.1 Changes to this Policy

If you have any questions or concerns about this Privacy Policy, please contact us via e-mail at cher@cher.app

Terms and Conditions

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