legal

terms of service

Effective [EFFECTIVE DATE] · Last updated [LAST UPDATED] · Version 2.0

Please read these Terms carefully. Article 20 contains a binding arbitration agreement and a class action waiver that affect your legal rights. Unless you opt out as described in Section 20.8 within thirty (30) days, you and we agree to resolve disputes through individual arbitration, and to give up the right to a jury trial and to participate in a class action.

1. Introduction and Acceptance

1.1 The Agreement. These Terms of Service (the “Terms”) are a binding contract between you (“you,” “your,” or “User”) and Tochigami Inc., a Delaware corporation doing business as “hey you” (“hey you,” “we,” “us,” or “our”). The Terms govern your access to and use of the hey you websites (including tochigami.com, heyyou.ai, and any successor or related domains), mobile applications, APIs, and all related services, features, and content (collectively, the “Platform”). For purposes of Articles 16 through 21 only, “hey you” also includes Tochigami Inc.’s affiliates, subsidiaries, successors, assigns, and its and their officers, directors, employees, contractors, agents, suppliers, and licensors.

1.2 Acceptance. By clicking or tapping to accept, by creating an account, or by continuing to use the Platform after these Terms have been presented to you, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Platform.

1.3 Additional Terms. Certain features are governed by supplemental terms presented to you at the time you access them (for example, paid services, promotional programs, beta features, or professional partner programs). Supplemental terms are incorporated into these Terms. If supplemental terms conflict with these Terms, the supplemental terms control for that feature only.

1.4 Categories of Users. These Terms apply to all Users. Article 10 applies additionally and specifically to Agents (defined below). If you are an Agent, you are bound by both the general provisions and Article 10.

2. Definitions

Capitalized terms have the meanings set out below. Terms defined elsewhere in these Terms have the meanings given where they appear.

2.1 “Agent” means any individual real estate licensee, broker, or brokerage who registers for or uses the Platform in a professional capacity. An individual whose professional information is displayed on the Platform without registration is not an Agent for purposes of Article 10. “Agent Personnel” means an unlicensed assistant, transaction coordinator, marketing or administrative staff member, or other person who uses the Platform on an Agent’s behalf and under the Agent’s supervision. An Agent is responsible for the acts and omissions of its Agent Personnel, and references to “Agent” include Agent Personnel except in Sections 10.1 and 10.9.

2.2 “Consumer” means any User who uses the Platform to search for property, evaluate Agents, request a Pitch, or connect with an Agent, other than in a professional capacity.

2.3 “Content” means all text, images, video, audio, data, listings, reviews, profiles, statistics, software, and other material available on or through the Platform.

2.4 “hey you Content” means Content owned, created, licensed, or generated by hey you, including the Matching Technology, algorithmic outputs, aggregated statistics, page and profile designs, trademarks, and all software.

2.5 “Listing Data” means property listing information, including descriptions, pricing, status, media, and related records, sourced from a Multiple Listing Service, an Agent, a broker, a public record, or another third-party source.

2.6 “Matching Technology” means hey you’s proprietary, patent-pending systems for evaluating, scoring, ranking, matching, and surfacing Agents and properties to Users.

2.7 “MLS” means any Multiple Listing Service, association of REALTORS®, or similar organization that licenses Listing Data.

2.8 “Pitch” means a short-form video, audio, or written submission by an Agent regarding a property, a market, or the Agent’s services, submitted through the Platform’s pitch or pitch-request features.

2.9 “Verified,” “Verification” means only the specific, limited check described where the term appears on the Platform, together with the date of that check. Unless the Platform states otherwise, “license verified” means that a license number supplied by an Agent was matched against the records of the applicable state licensing authority as of the stated date, and “verified transaction” means that a transaction was matched against MLS or public records as of the stated date. Verification is a point-in-time record match. It is not an investigation of an Agent’s competence, honesty, disciplinary history, or fitness.

2.10 “Effective Date” means the date stated at the top of the version of these Terms you accepted.

2.11 “User Content” means any Content that a User submits, uploads, posts, transmits, or otherwise makes available on or through the Platform, including Pitches, profile information, photographs, biographies, performance claims, messages, reviews, and comments. Listing Data an Agent submits is treated as User Content as to that Agent only to the extent the Agent holds rights in the submitted material; Listing Data otherwise remains subject to the rights of its source.

3. Nature of the Platform; No Brokerage or Agency Relationship

3.1 What the Platform Is. hey you is a technology platform that (a) displays property Listing Data, (b) allows Agents to present verifiable evidence of their experience and track record, (c) uses the Matching Technology to help Consumers identify Agents whose expertise fits their stated needs, and (d) provides tools for Consumers and Agents to connect with each other.

3.2 What the Platform Is Not. hey you does not act as a real estate brokerage in connection with the Platform, is not a party to any real estate transaction, does not represent any buyer, seller, landlord, or tenant, and does not provide real estate brokerage, legal, tax, appraisal, mortgage, insurance, or investment advice. No agency, fiduciary, employment, partnership, or joint venture relationship is created between you and hey you by these Terms or by your use of the Platform.

3.3 Licensing Disclosure. Tochigami Inc. holds Hawaii real estate license no. [LICENSE NUMBER], held by [PRINCIPAL BROKER NAME], principal broker. hey you does not, however, act as your agent or representative in any transaction unless you and a licensee execute a separate written agreement. Listing Data displayed on the Platform is made available under license from the applicable MLS or data provider.

3.4 No Endorsement. The appearance of an Agent on the Platform, the order in which Agents appear, and any match, score, rank, badge, or statistic is not an endorsement, recommendation, guarantee, or certification by hey you of that Agent’s competence, honesty, licensure, or suitability. You are solely responsible for selecting, vetting, and contracting with any Agent, and for verifying the current status of any real estate license.

3.5 No Fee to Consumers. Consumers are not charged for using the Platform’s core search, matching, Pitch-request, and connection features. See Article 12 regarding future paid services.

3.6 Independent Contracting. Any brokerage agreement, buyer representation agreement, listing agreement, commission arrangement, or other contract you enter into with an Agent is solely between you and that Agent (and the Agent’s brokerage). hey you is not a party to, and has no obligation or liability under, any such agreement, and, as of the Effective Date, does not set, negotiate, or receive any portion of any commission arising from it. We will provide notice under Article 19 before changing this practice.

3.7 Equal Housing Opportunity. hey you supports and complies with the federal Fair Housing Act, the Hawaii fair housing statutes, and all analogous law. All properties and services presented on the Platform are offered without regard to race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, ancestry, age, marital status, disability, HIV status, source of income, or any other characteristic protected by applicable law. We test the Matching Technology for discriminatory effect as part of our ordinary product development process, and will modify or disable any feature we determine produces one.

4. Eligibility and Accounts

4.1 Age. You must be at least eighteen (18) years old and able to form a binding contract to use the Platform. The Platform is not directed to and may not be used by anyone under 18. We do not knowingly permit anyone under 18 to register, and we will terminate any account we learn belongs to a minor. Our collection of information from minors is addressed in the Privacy Policy.

4.2 Registration. Certain features require an account. You agree to provide accurate, current, and complete registration information and to keep it updated. You may not create an account using another person’s identity, a false identity, or an identity you are not authorized to use, and you may not maintain more than one account without our written consent.

4.3 Account Security. You are responsible for safeguarding your credentials and for all activity occurring under your account. You must notify us immediately at [email protected] of any unauthorized access. We are not liable for losses arising from your failure to secure your account.

4.4 Authority. If you use the Platform on behalf of an entity, brokerage, or team, you represent that you are authorized to bind that entity, and “you” refers to both you and that entity.

4.5 Sanctions and Export Compliance. You represent that you are not located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list. You agree to comply with all applicable U.S. export control and sanctions laws in connection with your use of the Platform.

5. License to Use the Platform; Acceptable Use

5.1 License Grant. Subject to your compliance with these Terms, hey you grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purposes: for Consumers, personal, non-commercial use in connection with a bona fide interest in real property; for Agents, use in connection with the Agent’s own licensed real estate practice as permitted by Article 10.

5.2 Prohibited Conduct. You will not, and will not permit or assist any third party to:

(a) Misrepresentation. Post false, misleading, deceptive, or fraudulent information, including inaccurate property information, fabricated or unverifiable performance statistics, false claims of licensure, or impersonation of any person, brokerage, or entity.

(b) Unlawful use. Violate any law, regulation, or professional rule, including real estate licensing law, advertising rules, the Fair Housing Act and Hawaii fair housing law, RESPA, the Telephone Consumer Protection Act, CAN-SPAM, or any MLS or association rule.

(c) Scraping and extraction. Use any robot, spider, scraper, crawler, headless browser, script, or other automated means to access, monitor, index, copy, or extract any portion of the Platform or any Content other than your own User Content, except for (i) search-engine crawlers operating in compliance with our robots.txt file, or (ii) automated access we have authorized in writing.

(d) AI training and derivative datasets. Use any Content other than your own User Content, including Listing Data, Pitches, Agent profiles, statistics, or algorithmic outputs, to train, fine-tune, evaluate, or ground any machine learning model, large language model, or artificial intelligence system, or to build, populate, or enrich any database, index, or competing product.

(e) Reverse engineering. Reverse engineer, decompile, disassemble, probe, or attempt to derive the source code, structure, weights, ranking factors, or operation of the Platform or the Matching Technology, or circumvent any rate limit, access control, paywall, or technical protection measure.

(f) Gaming the system. Manipulate or attempt to manipulate any match, ranking, score, badge, statistic, review, or verification, including through fake accounts, coordinated activity, incentivized or fabricated reviews, self-dealing inquiries, artificially generated Pitch requests, or misuse of the Platform’s messaging or lead features.

(g) Circumvention. Use the Platform to identify Users and then deliberately move the relationship off-Platform for the purpose of avoiding any fee, obligation, or rule that would otherwise apply, or solicit Users for a competing platform or service.

(h) Security. Introduce any virus, malware, or harmful code; interfere with or disrupt the Platform or its infrastructure; attempt to gain unauthorized access to any account, system, or data; or conduct any penetration test or vulnerability scan without our prior written authorization.

(i) Harassment and abuse. Harass, threaten, defame, stalk, or harm any person; post obscene, hateful, or discriminatory material; or transmit unsolicited commercial messages to other Users.

(j) Privacy. Collect, harvest, or store personal information about other Users except as necessary for a legitimate, consented, real-estate-related communication initiated through the Platform.

(k) Commercial resale. Sell, license, sublicense, syndicate, redistribute, frame, or mirror any Content other than your own User Content, or any portion of the Platform, or use the Platform to provide any service to a third party, without our prior written consent.

(l) Discriminatory criteria. Request, filter, sort, or select properties, neighborhoods, or Consumers on the basis of any characteristic protected by fair housing law, or ask hey you or any Agent to do so. We may refuse, ignore, or log any such request. This Section does not restrict a Consumer’s choice of Agent based on language capability or other bona fide service qualifications.

5.3 Enforcement. We may investigate suspected violations and may remove Content, restrict features, suspend or terminate accounts, and report conduct to law enforcement, licensing authorities, an MLS, or a brokerage, in each case at our sole discretion and without prior notice. We have no obligation to monitor Content, but we reserve the right to do so.

6. Listing Data

6.1 Source and Ownership. Listing Data is provided by MLSs, Agents, brokerages, public records, and other third parties. Listing Data is owned by, and licensed from, those sources and remains subject to their rules. hey you does not create or independently verify Listing Data.

6.2 No Verification; No Warranty. hey you does not verify and does not endorse the accuracy, completeness, currency, or legality of any Listing Data. Property status, price, square footage, tax and assessment figures, maintenance fees, land tenure (including leasehold terms), permitted use, short-term rental eligibility, zoning, school assignment, flood and lava zone designations, and similar information are frequently inaccurate or out of date. You must independently verify all information material to you, and you should engage appropriate licensed professionals before making any decision.

6.3 Not an Offer. Listing Data displayed on the Platform is informational only and does not constitute an offer to sell, a solicitation of an offer to buy, or a representation that any property is currently available.

6.4 MLS Rules and Attribution. Where required by an MLS or data provider, Listing Data is displayed with required attribution, disclaimers, and refresh intervals, and is subject to that provider’s terms. We will remove or modify Listing Data as required by the applicable provider.

6.5 IDX and Consumer Use Restrictions. Where Listing Data is displayed under an Internet Data Exchange or similar license, the following apply and control over any inconsistent provision of these Terms with respect to the display and use of Listing Data: (a) the data is provided exclusively for the consumer’s personal, non-commercial use and may not be used for any purpose other than to identify prospective properties the consumer may be interested in purchasing or renting; (b) information is deemed reliable but is not guaranteed; (c) listings are displayed with the source MLS attribution, the listing brokerage identification, and the last-updated timestamp required by the applicable provider; and (d) copyright in the Listing Data is retained by the applicable MLS or data provider. Nothing in this Section limits an Agent’s use of Listing Data as permitted by the Agent’s own MLS participation agreement, or limits Articles 16, 17, 20, or 21.

6.6 Property Owner Requests. If you own or occupy a property displayed on the Platform and object to the display of its address, images, valuation, or historical data, contact us at [email protected] with the property address and your relationship to it. We will remove or suppress the information to the extent we are permitted to do so under our data license and applicable law, and will tell you if we cannot.

6.7 Corrections and Takedown. If you believe Listing Data on the Platform is inaccurate or was published without authorization, contact us at [email protected] with the property address, listing identifier, and the basis for your request. We will respond within a commercially reasonable time.

7. Matching, Ranking, and Algorithmic Outputs

7.1 How Matching Works. The Matching Technology evaluates data including an Agent’s transaction history, geographic and property-type concentration, responsiveness, Platform activity, Pitch content, and the criteria a Consumer supplies. Outputs are probabilistic estimates, not guarantees, judgments of character, or professional recommendations.

7.2 No Paid Placement. As of the Effective Date, hey you does not sell position in Consumer-facing match results, search rankings, or Agent recommendations, and does not accept payment of any kind in exchange for a higher match, rank, or recommendation. Any Content that is sponsored, promoted, or otherwise paid for will be conspicuously labeled as such and will be presented separately from organic match results. If we ever change this practice, we will disclose the change prominently and update these Terms before it takes effect.

7.3 Data Accuracy. Match results depend substantially on data supplied by third parties and by Agents. Verification means only what Section 2.9 says it means. Beyond that limited, point-in-time record match, we do not warrant that any statistic, badge, ranking, verification, or match result is accurate, complete, or current, and we are not liable for decisions made in reliance on them.

7.4 Human Judgment. The Matching Technology is a research and shortlisting aid. It does not replace your own diligence. You remain solely responsible for interviewing, evaluating, verifying the license status of, and selecting any Agent, and for every real estate decision you make.

7.5 Changes. We may modify, retrain, tune, or discontinue the Matching Technology and any related feature at any time. Rankings and match results will change over time and are not promised to any Agent or Consumer.

8. User Content

8.1 Ownership. You retain all ownership rights you have in your User Content. These Terms do not transfer ownership of your User Content to us.

8.2 License to hey you. You grant hey you a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable (through multiple tiers) license to host, store, cache, reproduce, adapt, edit, reformat, resize, excerpt, translate, publish, publicly perform, publicly display, distribute, and otherwise use your User Content for the purposes of operating, providing, improving, marketing, and promoting the Platform and hey you’s business, including the right to use, reproduce, and create derivative works from your User Content to develop, train, fine-tune, evaluate, benchmark, and improve the Matching Technology and other machine learning models used in the Platform, in any media now known or later developed. This license includes the right to display your User Content on the Platform, in Platform-generated match results and profiles, in hey you marketing, advertising, and social channels, and in investor, partner, and press materials.

8.3 Duration and Removal. The license in Section 8.2 continues while your User Content is on the Platform and for a commercially reasonable period after removal, to the extent necessary for backup, legal compliance, and previously distributed copies. You may remove your User Content at any time; removal does not affect copies already distributed, embedded in third-party materials, or retained in archives or backups.

8.4 Name, Likeness, and Voice. For User Content in which you appear, you grant hey you the right to use your name, voice, image, likeness, business name, headshot, brokerage affiliation, and biographical information in connection with that User Content and the purposes described in Section 8.2. You waive any right to inspect or approve the specific use in advance, and you release hey you from claims arising out of uses consistent with Section 8.2 and this Section 8.4, including claims for invasion of privacy or violation of rights of publicity arising from those uses. This release does not extend to hey you’s intentional misconduct or to uses outside the scope of the license you granted.

8.5 Moral Rights. To the fullest extent permitted by applicable law, you waive, and agree not to assert, all moral rights and rights of attribution and integrity in your User Content. Where such rights cannot be waived, you consent to hey you’s exercise of the rights granted in this Article without attribution.

8.6 Your Representations. For each item of User Content, you represent and warrant that: (a) you own it or have all rights necessary to grant the licenses above; (b) it does not infringe or misappropriate any copyright, trademark, patent, trade secret, privacy, publicity, or other right; (c) it does not contain third-party music, footage, images, logos, or branding that you are not licensed to use; (d) every identifiable individual appearing in it has consented to its capture and use; (e) it is accurate and not misleading, and any performance claim, statistic, award, designation, or credential it states is true, current, and substantiated; and (f) it complies with all applicable law and professional rules, including real estate advertising rules and fair housing requirements.

8.7 Pitches. Pitches are subject to format requirements published on the Platform, including maximum duration. Pitch integrity rules: a Pitch must be recorded by the Agent who submits it, must reflect that Agent’s own knowledge and services, and may not be materially edited, spliced, dubbed, digitally altered to change its substance, or generated or substantially modified by artificial intelligence to simulate the Agent. No User may use voice cloning or create a synthetic likeness of any person. hey you will not generate or publish a synthetic voice or likeness of an identifiable User without that User’s separate written consent. Violation is grounds for immediate removal and account termination.

8.8 No Obligation. We are not obligated to display, host, retain, or transmit any User Content, and may remove, refuse, limit distribution of, or reformat any User Content at any time, with or without notice, for any reason, including suspected violation of these Terms, except that removal of reviews and ratings is governed exclusively by Section 8.10.

8.9 Feedback. If you send us ideas, suggestions, or feedback about the Platform, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and exploit it for any purpose without compensation, attribution, or confidentiality obligation.

8.10 Reviews and Ratings. If the Platform offers consumer reviews or ratings: (a) we do not remove, suppress, or down-rank a review because it is negative. We remove reviews only under neutral criteria published on the Platform, such as reviews that are fraudulent, incentivized, not based on an actual experience, defamatory, obscene, discriminatory, contain personal information, or violate these Terms; (b) nothing in these Terms restricts your right to publish an honest review of your experience, and any provision that would do so is void under the Consumer Review Fairness Act, 15 U.S.C. § 45b; (c) an Agent may not condition, withhold, or vary service on receiving a positive review, may not require a non-disparagement or review-approval clause from a client, and may not offer anything of value in exchange for a review; and (d) fabricated, purchased, traded, and AI-generated reviews are prohibited and are grounds for termination.

10. Additional Terms for Agents

This Article applies to every Agent and is in addition to all other provisions of these Terms.

10.1 Licensure and Good Standing. You represent and warrant that you hold a current, active real estate license in every jurisdiction in which you hold yourself out on the Platform; that your license is in good standing and not subject to any suspension, revocation, or pending disciplinary proceeding you have not disclosed; and that you are affiliated with the brokerage identified on your profile. You will notify us within five (5) business days of any change in your license status, disciplinary action, or brokerage affiliation. We may verify licensure with any licensing authority at any time and may suspend or remove any Agent whose license we cannot verify.

10.2 Brokerage Authorization. You represent that your participation on the Platform, your profile, your Pitches, and your advertising are authorized by your brokerage and comply with your brokerage’s policies and supervision requirements. You are responsible for obtaining any required broker approval, and for including any brokerage identification, license number, or disclosure that applicable advertising rules require.

10.3 Accuracy of Performance Claims. All transaction counts, sales volume, days-on-market figures, rankings, awards, designations, certifications, specialties, and years of experience you publish or supply must be true, current, and substantiated by records you will produce to us on request. You authorize hey you to verify these claims against MLS records, public records, and other sources, and to correct, annotate, or remove any claim we determine to be unsubstantiated. Knowingly publishing an inflated or fabricated performance claim is a material breach of these Terms.

10.4 Fair Housing and Non-Discrimination. You will comply with the Fair Housing Act, the Hawaii Fair Employment Practices and fair housing statutes, and all analogous federal, state, and local law. You will not: discriminate against, refuse service to, or provide different service to any person on the basis of a protected characteristic; publish any Content that expresses a preference, limitation, or discrimination based on a protected characteristic; engage in steering; or use the Platform’s targeting, filtering, or matching features in any manner that produces a discriminatory effect. hey you will terminate any Agent it determines has used the Platform to discriminate.

10.5 Advertising Compliance. Your profile and Pitches are real estate advertising. You are solely responsible for their compliance with all licensing law and advertising regulation, including required brokerage identification, team-name rules, and prohibitions on misleading advertising. You will not advertise a property you are not authorized to advertise, and you will honor all listing-agent consent requirements applicable to your MLS.

10.6 Consumer Data. Contact information and inquiry details you receive through the Platform are provided to you solely to respond to that Consumer. You will not sell, lease, share, or transfer that information to any third party (including any lead aggregator, referral company, or affiliate) without the Consumer’s express consent; you will maintain reasonable security safeguards; you will honor opt-out and deletion requests; and you will comply with all applicable privacy law. As of the Effective Date, hey you does not sell Consumer contact information to Agents, lead buyers, or referral companies for monetary consideration. “Sale” and “share” have broader meanings under the California Consumer Privacy Act and similar state laws; our practices under those definitions, including any use of advertising or analytics technologies, are described in the Privacy Policy.

10.7 No Referral Fee Arrangement. As of the Effective Date, hey you does not charge, accept, request, or pay any fee, commission, kickback, or thing of value in exchange for the referral of real estate brokerage business or any other settlement service, and participation on the Platform is not conditioned on any such payment. If hey you introduces paid services, those services will be governed by supplemental terms and will be structured and disclosed in accordance with applicable law, including RESPA where it applies.

10.8 Independent Business. You are an independent professional. Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship between you and hey you. You control the manner, method, timing, and location of your own work; you supply your own tools, licensing, insurance, and staff; you set your own fees with your clients; and you receive no wages, benefits, or reimbursement from hey you. You are solely responsible for all taxes arising from your business.

10.9 Insurance. You represent that you maintain errors and omissions coverage and any other insurance required by your brokerage, your MLS, or applicable law.

10.10 Agent Indemnity. In addition to Article 17, you will defend, indemnify, and hold harmless hey you and its affiliates, subsidiaries, successors, assigns, and its and their officers, directors, employees, contractors, and agents from any claim, demand, investigation, fine, or proceeding arising out of (a) your real estate services or your representation of any client, (b) any Content you publish, (c) any breach of Sections 10.1 through 10.9, (d) any communication you send to a Consumer, and (e) any claim by your brokerage, your MLS, or a licensing authority relating to your use of the Platform.

10.11 Suspension and Removal. We may remove your profile, Pitches, or account, or restrict your visibility in match results, at any time, including for unverifiable licensure, unsubstantiated claims, consumer complaints, disciplinary history, manipulation of the Matching Technology, or any conduct we determine is inconsistent with the Platform’s purpose. Removal does not entitle you to any refund, damages, or continued display of your Content.

10.12 No Duty to Verify. hey you has no obligation to verify, screen, investigate, or monitor any Agent, any Agent’s licensure, credentials, or disciplinary history, or any Content. Any verification we elect to perform is limited as described in Section 2.9, is performed for our own purposes, and creates no duty to any User.

11. Intellectual Property

11.1 Ownership. The Platform and all hey you Content are owned by hey you and its licensors and are protected by copyright, trademark, patent, trade secret, and other laws. Except for the limited license in Section 5.1, no right, title, or interest in the Platform or hey you Content is transferred to you. All rights not expressly granted are reserved.

11.2 Trademarks. “hey you,” the hey you logo, “Tochigami,” and related names and marks are trademarks of Tochigami Inc. You may not use them without our prior written consent, except that an Agent in good standing may use hey you marks solely as permitted by our then-current brand guidelines to identify the Agent’s participation on the Platform, in a manner that does not imply endorsement, sponsorship, or partnership. We may revoke this permission at any time.

11.3 Patents. Elements of the Platform are the subject of pending U.S. patent applications. Nothing in these Terms grants any license, express or implied, under any hey you patent.

11.4 Data Rights. hey you owns all right, title, and interest in aggregated, de-identified, and derived data generated through operation of the Platform, including usage analytics, match outputs, and statistical models, and may use it for any lawful purpose, including improving the Matching Technology, provided it does not identify you, except to the extent such data is derived from Listing Data, which remains subject to the rights of, and the license terms imposed by, the applicable MLS or data provider.

11.5 Copyright Complaints (DMCA). We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent:

Designated Copyright Agent
[DMCA AGENT NAME], Tochigami Inc.
[STREET ADDRESS], Honolulu, HI [ZIP]

A valid notice must include: (i) a physical or electronic signature of the owner or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material claimed to be infringing and information sufficient to locate it; (iv) your contact information; (v) a statement that you have a good faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We will remove or disable material as required and notify the poster.

Counter-notice. If your material was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same address containing: (i) your signature; (ii) identification of the removed material and its prior location; (iii) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; (iv) your name, address, and telephone number; and (v) consent to the jurisdiction of the federal district court for your district, or for the District of Hawaii if you are outside the United States, and to accept service from the complaining party. We may restore the material in ten (10) to fourteen (14) business days unless the complaining party notifies us it has filed an action seeking a court order.

Misrepresentation. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages and attorneys’ fees.

Repeat infringers. We maintain a repeat-infringer policy. An account that is the subject of two (2) valid, uncontested takedown notices is warned and restricted; an account that is the subject of a third is terminated. We may terminate an account sooner in cases of egregious infringement.

12. Fees

12.1 Currently Free. As of the Effective Date, access to the Platform’s core features is provided at no charge to Consumers and to Agents.

12.2 Future Paid Services. We may introduce paid subscriptions, features, or services in the future. No charge will be imposed on you without your express, separate agreement to the applicable pricing and supplemental terms at the time of purchase. We will provide notice of any new paid offering as required by law. Any fee linked to a transaction, a referral, a lead, or a closing will be introduced only in compliance with applicable law, including Hawaii real estate licensing law and RESPA where it applies, and only after these Terms have been amended under Article 19.

12.3 Taxes. You are responsible for all taxes arising from your use of the Platform other than taxes on hey you’s net income.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review it before using the Platform.

15. Suspension and Termination

15.1 By You. You may stop using the Platform and delete your account at any time through your account settings or by contacting [email protected].

15.2 By Us. We may suspend, restrict, or terminate your access, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if your continued access creates risk or legal exposure for us or another User, if required by an MLS, licensing authority, or law, or if we discontinue the Platform.

15.3 Effect. On termination, your license under Section 5.1 ends immediately, and we may delete or retain your Content in accordance with our Privacy Policy and applicable law. Termination does not limit any right or remedy we have at law or in equity.

15.4 Survival. The following survive termination of these Terms or of your account: Articles 2 and 3; Sections 5.2 and 5.3; Article 6; Sections 7.3 and 7.4; Sections 8.1 through 8.10; Sections 10.3, 10.6, 10.7, and 10.10; Article 11; Section 12.3; Sections 15.3 and 15.4; and Articles 16 through 22.

16. Disclaimers

16.1 As Is. THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEY YOU AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

16.2 No Guarantee of Results or Accuracy. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT LISTING DATA, AGENT PROFILES, STATISTICS, OR MATCH RESULTS WILL BE ACCURATE, COMPLETE, OR CURRENT; THAT ANY AGENT WILL BE COMPETENT, RESPONSIVE, LICENSED, OR SUITABLE; THAT ANY CONSUMER INQUIRY IS GENUINE; OR THAT USE OF THE PLATFORM WILL RESULT IN ANY TRANSACTION, CLIENT, LEAD, LISTING, COMMISSION, OR OTHER BUSINESS OUTCOME.

16.3 Not Professional Advice. NOTHING ON THE PLATFORM IS LEGAL, TAX, FINANCIAL, INVESTMENT, APPRAISAL, INSURANCE, LENDING, ENGINEERING, OR REAL ESTATE ADVICE. CONSULT QUALIFIED LICENSED PROFESSIONALS BEFORE ACTING.

16.4 User Interactions. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, ONLINE OR OFFLINE. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS. YOU ASSUME ALL RISK ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, INCLUDING PROPERTY SHOWINGS AND IN-PERSON MEETINGS. EXERCISE CAUTION AND GOOD JUDGMENT.

16.5 Statutory Limits. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions apply to the fullest extent permitted by law and nothing in these Terms limits any non-waivable statutory right you have.

17. Limitation of Liability and Indemnification

17.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEY YOU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, COMMISSIONS, BUSINESS, CLIENTS, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEY YOU’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID HEY YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

17.3 Exceptions to the Limitations. Nothing in Sections 17.1 or 17.2 limits liability for hey you’s willful misconduct or fraud, for death or personal injury caused by hey you’s negligence, or for any other liability that cannot be limited or excluded under applicable law.

17.4 Essential Basis. The limitations in Sections 17.1 and 17.2 are an essential basis of the bargain between you and hey you and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the greatest extent permitted by law.

17.5 Indemnification by You. You will defend, indemnify, and hold harmless hey you and its officers, directors, employees, contractors, and agents from and against any claim, demand, action, investigation, loss, liability, damage, fine, penalty, cost, and expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content; (b) your breach of these Terms or of any law or professional rule; or (c) your infringement or misappropriation of any third-party right. If you are an Agent, this indemnity extends additionally to the matters listed in Section 10.10. This Section does not require a Consumer to indemnify hey you for claims arising from hey you’s own acts or omissions. We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with us.

18. Release

To the maximum extent permitted by law, you release hey you from all claims, demands, damages, and liabilities of every kind arising out of or relating to any dispute between you and any other User, or any act or omission of any other User, whether on or off the Platform. If you are a California resident, you waive California Civil Code § 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any comparable statute or rule of any other jurisdiction.

19. Changes to the Platform and to These Terms

19.1 Platform. We may add, modify, suspend, or discontinue any feature of the Platform at any time without liability.

19.2 Terms. We may update these Terms. If we make a material change, we will provide at least thirty (30) days’ advance notice by email to the address associated with your account, by in-Platform notice, or both, and we will update the “Last Updated” date. Material changes take effect at the end of the notice period. Non-material changes take effect on posting. If you do not agree to a change, your remedy is to stop using the Platform and close your account before the change takes effect. Continued use after the effective date constitutes acceptance. Changes to Article 20 will not apply to any dispute that arose before the change takes effect, and whenever we materially amend Article 20 you will have a fresh thirty (30) day period, running from the effective date of the amendment, to opt out under Section 20.8.

20. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS ARTICLE CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

20.1 Informal Resolution First. Before starting an arbitration or any proceeding, you agree to first send a written Notice of Dispute to [email protected] and to [STREET ADDRESS], describing the dispute, the relief sought, and your contact information. We will do the same for any dispute we have with you. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the Notice is received. This is a condition precedent to arbitration, and any applicable limitations period is tolled during it.

20.2 Agreement to Arbitrate. If the dispute is not resolved under Section 20.1, you and hey you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, including its formation, interpretation, breach, termination, validity, or enforceability, and the arbitrability of any dispute, will be resolved exclusively by final and binding individual arbitration, except that a court of competent jurisdiction, and not the arbitrator, will decide the enforceability of Section 20.6 and whether a claim falls within the exceptions in Section 20.5, and not in court, except as provided in Sections 20.5 and 20.8.

20.3 Rules and Forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for Consumers) or its Commercial Arbitration Rules (for Agents and other commercial Users), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Article. The arbitration will be conducted by one arbitrator; will take place in Honolulu, Hawaii, or, at your election, in the county of your residence, by telephone, by videoconference, or on documents only; and will be governed by Delaware law as provided in Article 21. The arbitrator may award any relief available in an individual action in court, including public injunctive relief to the extent applicable law requires that such relief remain available, must apply these Terms, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

20.4 Fees. If you are a Consumer, we will pay all AAA filing, administrative, and arbitrator fees that exceed the consumer filing fee set by the AAA Consumer Arbitration Rules, regardless of the outcome, except that the arbitrator may reallocate fees if the arbitrator determines a claim or defense was filed for an improper purpose as measured by Federal Rule of Civil Procedure 11(b). For Agents and other commercial Users, the AAA Commercial Rules govern the allocation of fees. Each party bears its own attorneys’ fees unless a statute or these Terms provide otherwise.

20.5 Exceptions. Either party may (a) bring an individual claim in small claims court in the county or district where you reside if it qualifies and remains there, and (b) seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights, or unauthorized access to the Platform, without first complying with Sections 20.1 and 20.2.

20.6 Class Action and Jury Waiver. YOU AND HEY YOU 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. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND HEY YOU WAIVE ANY RIGHT TO A JURY TRIAL. If this Section 20.6 is found unenforceable as to any claim or request for relief, that claim or request will be severed and litigated in the courts identified in Article 21, and the remainder will proceed in arbitration.

20.7 Coordinated Filings. Notwithstanding Section 20.6, the batching procedure in this Section is an administrative and fee-allocation mechanism agreed by the parties, does not constitute consolidation, class treatment, or representative treatment for purposes of Section 20.6, and does not waive or limit Section 20.6. If twenty-five (25) or more similar claims are asserted against hey you by or with the assistance of the same or coordinated counsel, the parties will cooperate with AAA to (a) administer the claims in batches of no more than fifty (50), (b) appoint one arbitrator per batch, and (c) resolve each batch as a single arbitration for fee purposes. Limitations periods are tolled for claims awaiting batching.

20.8 Your Right to Opt Out. You may opt out of this Article 20 by sending written notice within thirty (30) days after you first accept these Terms to [email protected] with the subject line “Arbitration Opt-Out,” stating your name, the email address associated with your account, and a clear statement that you opt out of arbitration. If you accepted a prior version of these Terms, you have thirty (30) days from the date this version took effect to opt out. Disputes that arose before that date are governed by the dispute resolution provisions, if any, of the version in effect when the dispute arose. Opting out will not affect any other part of these Terms and will not affect your use of the Platform.

20.9 Time to File. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after it accrues, or it is permanently barred. This Section does not apply where a shorter limitations period is prohibited by non-waivable law of your state of residence.

20.10 Survival. This Article survives termination of these Terms and of your account.

21. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and, where applicable, by the Federal Arbitration Act and other federal law. Nothing in this Article deprives you of the protection of any mandatory consumer protection law of the state in which you reside. For any dispute not subject to arbitration under Article 20: (a) if you are an Agent or another commercial User, you and hey you consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue or inconvenient forum, except for an individual small claims action permitted by Section 20.5(a), which may be brought in the small claims court of the county or district where you reside; and (b) if you are a Consumer, you and hey you consent to the jurisdiction and venue of the state and federal courts located in Honolulu, Hawaii, or, at your election, the courts of the county or district in which you reside. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. General Provisions

22.1 Entire Agreement. These Terms, the Privacy Policy, and any supplemental terms are the entire agreement between you and hey you regarding the Platform and supersede all prior agreements and understandings, including the Terms and Conditions dated January 1, 2025.

22.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

22.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later. A waiver is effective only if in writing and signed by an authorized representative.

22.4 Assignment. You may not assign or transfer these Terms or your account without our prior written consent; any attempted assignment is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

22.5 Notices. We may give notice by email to the address on your account, by in-Platform message, or by posting on the Platform. Notice to us must be sent to [email protected] and, where these Terms require written notice, also by mail to [STREET ADDRESS]. Notices are effective on delivery, or, for email, on the date sent absent a bounce.

22.6 Force Majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disaster, hurricane, tsunami, volcanic activity, fire, flood, war, terrorism, civil unrest, labor disturbance, epidemic, governmental action, power or internet failure, outage of a third-party provider, or cyberattack.

22.7 No Third-Party Beneficiaries. These Terms create no third-party beneficiary rights, except that: (a) our affiliates, officers, directors, employees, contractors, suppliers, and licensors are intended beneficiaries of Articles 16 through 21 and may enforce them, including the arbitration agreement; (b) MLSs and other data providers are intended beneficiaries of Article 6 and of Sections 5.2(c), 5.2(d), and 5.2(k) and may enforce them directly; and (c) Apple Inc. and Google LLC, and their subsidiaries, are intended beneficiaries of Section 22.11 as provided in that Section.

22.8 Relationship. Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship between you and hey you.

22.9 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” Ambiguities will not be construed against the drafter.

22.10 U.S. Government Users. The Platform is “commercial computer software” and is provided with only those rights granted to all other users under these Terms.

22.11 Mobile Application Terms (Apple and Google). If you download the hey you app from the Apple App Store or Google Play, the following apply. (a) These Terms are between you and hey you only, not with Apple or Google, and hey you alone is responsible for the app and its content. (b) The license granted in Section 5.1 is limited to use of the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms, or on Android devices as permitted by Google Play. (c) Apple and Google have no obligation to provide maintenance or support for the app. (d) In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. (e) hey you, not Apple or Google, is responsible for addressing any claim that the app or your use of it infringes intellectual property rights, fails to conform to legal requirements, or gives rise to product liability or consumer protection claims. (f) You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government restricted-party list. (g) Apple and Google, and their subsidiaries, are third-party beneficiaries of this Section 22.11 and may enforce it against you.

22.12 State-Specific Notices. California. Under California Civil Code § 1789.3, California users may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The Platform is provided to Consumers at no charge as of the Effective Date. Other states. Nothing in these Terms waives any right or remedy you have under a non-waivable consumer protection statute of your state of residence.

22.13 Accessibility. We intend the Platform to be usable by everyone and work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter a barrier, contact [email protected] with a description of the problem and the page or screen involved, and we will work with you to provide the information or functionality through an alternative method.

23. Contact

Tochigami Inc. d/b/a hey you
[STREET ADDRESS]
Honolulu, HI [ZIP]

General and support: [email protected]

Legal notices: [email protected]

Copyright (DMCA): [email protected]

Privacy: [email protected]

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN ARTICLE 20.
© 2026 Tochigami Inc. d/b/a hey you. Honolulu, Hawaii · Privacy Policy