These Terms of Service ("Terms") govern use of the Waypoint OS platform at waypointos.com, including its web and phone apps, client portal, electronic signature tools, and related services (the "Service"), operated by Waypoint OS, LLC, a New Mexico limited liability company ("Waypoint OS," "we," "us," or "our"). "You" means the person using the Service and, where you use it for a brokerage, that brokerage.
These Terms, our Privacy Policy, and any subscription agreement or order form between Waypoint OS and a brokerage make up the agreement for the Service. If a signed subscription agreement or order form conflicts with these Terms, the subscription agreement or order form controls for that brokerage.
The Service is for real estate brokerages that subscribe to it and the realtors, brokers, transaction coordinators, and staff those brokerages invite, and for clients and signers those users invite. You must be at least 18. Access is by invitation. Each brokerage is responsible for its users, its transactions, its supervision of its licensees, and its own compliance with real estate laws, license law, fair housing, privacy, and marketing rules.
Use the Service only for lawful real estate business. You agree not to:
To report a security vulnerability, email will@waypointos.com. We welcome good-faith reports.
Ownership. Information a brokerage and its users enter or upload, including transaction records, documents, and contact information ("Customer Data"), belongs to the brokerage. We do not claim ownership of it.
Our license to it. You grant Waypoint OS a limited, non-exclusive license to host, store, copy, transmit, display, and process Customer Data only as needed to provide, secure, support, and improve the Service, and as the law requires. We handle Customer Data as described in our Privacy Policy. We do not sell it.
Your responsibilities. You are responsible for having the rights, consents, and notices needed to put Customer Data into the Service, including information about your clients and contacts, and for the accuracy of what you enter.
Aggregate data. We may use de-identified and aggregated information about how the Service is used, which does not identify any person or brokerage, to operate and improve the Service.
Support and improvement. To provide support, onboarding, and updates, Waypoint OS may review which users at a brokerage use which features and when. This review does not include the contents of Customer Data.
Export and deletion. A brokerage may download its transaction records while its subscription is active. After a subscription ends, the brokerage may request a copy of its Customer Data for 60 days. After that we may delete it, except where the law requires us to keep it.
Compensation calculations, deadline and contract dates, checklists, reminders, compliance prompts, estimates, and AI-assisted features support your work. They do not replace your own professional judgment, your broker's supervision, or the advice of an attorney, accountant, or other professional. AI output and automatically read dates can be wrong. Review and verify figures, dates, and documents before relying on them or sending them to anyone. Estimates and projections are estimates, not a promise or guarantee of income. The Service does not provide legal, tax, or financial advice.
You agree that electronic signatures, records, and notices made through the Service have the same effect as paper ones, to the extent the law allows. Each signer is responsible for confirming they are authorized to sign. We record signing details in an audit trail to support the integrity of signed documents. You consent to receive notices about the Service, your account, and your transactions by email and in the Service.
Program description: Waypoint OS, LLC sends automated transactional text messages to Waypoint OS account holders who opt in. Message types include transaction submission and milestone alerts, CDA approval notifications, document status updates, and deadline, license, and compliance reminders. These messages are not marketing.
How to opt in: You opt in by choosing Yes when Waypoint OS asks about text alerts after you sign in, or by checking the optional SMS consent box on your profile, and confirming your mobile number. Nothing is preselected. SMS consent is optional and is not a condition of creating or using a Waypoint OS account. A description of the opt-in process is available at waypointos.com/sms-opt-in.html.
Sending number: (888) 660-4208 (toll-free)
Message frequency: Message frequency varies based on transaction activity.
Cost: Message and data rates may apply.
Opt out: Reply STOP to any message to stop receiving texts. You will receive one confirmation message and no further messages unless you opt in again.
Help: Reply HELP to any message, or email will@waypointos.com.
Carriers: Carriers are not liable for delayed or undelivered messages.
Privacy: Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy.
Subscription pricing, billing, and payment terms are set out in each brokerage's subscription agreement or order form. Payments are processed by Stripe. Individual users invited by a brokerage are not charged by Waypoint OS unless they agree to it separately.
The Service, including its software, design, text, graphics, and the Waypoint OS name and logo, is owned by Waypoint OS, LLC and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your brokerage's business under these Terms. If you send us feedback or suggestions, we may use them without any obligation to you.
We may suspend or end access, with notice where reasonable, if you violate these Terms, if your use creates a security or legal risk, or if a brokerage's subscription is unpaid or ends. Your brokerage may remove your access at any time. Your access ends when your brokerage removes you or its subscription ends. Sections 6, 7, 11, 13, 14, 15, and 16 continue after termination.
The Service is provided "as is" and "as available." To the fullest extent permitted by law, Waypoint OS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that the Service will be uninterrupted, error-free, or that any calculation, date, or AI output is accurate.
To the fullest extent permitted by law, Waypoint OS will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost compensation, lost data, or business interruption, arising from or related to the Service. Our total liability for all claims arising from or related to the Service is limited to the greater of (a) the amount you paid Waypoint OS for the Service in the twelve months before the claim arose, or (b) one hundred U.S. dollars ($100). These limits apply to the extent the law allows, even if a remedy fails of its essential purpose.
You agree to defend and indemnify Waypoint OS against third-party claims, and related losses and reasonable legal fees, arising from your Customer Data, your transactions, or your violation of these Terms or the law.
These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-law rules. Any dispute arising under these Terms will be resolved in the state or federal courts located in New Mexico, and you and Waypoint OS consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days.
We may update these Terms as the Service changes. The date at the top shows the current version. If a change is material, we will notify account holders by email or in the Service before it takes effect. Continued use of the Service after the effective date means you accept the updated Terms.