Terms of Service

1. Acceptance of Terms

By registering for and using OffMarket ("the Platform"), you agree to be bound by these Terms of Service. The Platform is operated by AH360 Photography LLC ("we," "us," "our"), located in Coconut Creek, Florida. If you do not agree to these terms, do not use the Platform.

2. Eligibility

OffMarket is exclusively for licensed yacht and boat brokers. By registering, you represent and warrant that:

• You hold a valid Florida Department of Business and Professional Regulation (DBPR) broker license
• You are acting in your professional capacity as a broker, not as an individual buyer or seller
• The information you provide during registration is accurate and current
• You will maintain the confidentiality of your account credentials

We reserve the right to verify your license status and suspend or terminate accounts with invalid, expired, or fraudulent credentials.

3. Platform Purpose and Limitations

OffMarket is a matching and introduction platform. It connects brokers who have vessels for sale with brokers who represent qualified buyers. The Platform:

• Does not act as a broker, dealer, or intermediary in any transaction
• Does not provide legal, financial, or marine survey advice
• Does not manage escrow, sea trials, surveys, or closings
• Does not guarantee the accuracy of vessel listings or buyer qualifications
• Does not guarantee that any match will result in a completed transaction

4. The Matching and Reveal System

The Platform matches vessel listings against buyer mandates using a proprietary scoring algorithm. Matched brokers interact anonymously until either broker chooses to reveal their identity. Key rules:

• Identity reveal is voluntary. Each broker independently controls when and whether to reveal their identity.
• Reveals are permanent. Once you reveal your identity to a counterparty, it cannot be undone.
• No documents are required before reveal. NDAs and co-brokerage agreements are optional tools available in messaging, not prerequisites.

5. Introduction Registry and Commission Protection

When both brokers in a match reveal their identities, an introduction is automatically registered on the Platform. The introduction registry:

• Records an immutable timestamp of the introduction
• Establishes an 18-month grace period for procuring cause documentation
• Serves as evidence of the introduction for commission protection purposes

The Platform does not adjudicate commission disputes. The introduction registry provides documentation only. Commission disputes are governed by applicable industry agreements and law.

6. Acceptable Use

You agree not to:

• Submit false, misleading, or duplicate vessel listings
• Create buyer mandates that do not represent genuine purchase interest
• Use the Platform to harvest broker contact information
• Circumvent rate limits, tier restrictions, or other platform controls
• Share your account credentials or allow others to use your account
• Attempt to access other brokers' information without going through the reveal process
• Use automated tools, bots, or scripts to interact with the Platform

Violation of these terms may result in account suspension or permanent ban.

7. Account Tiers and Limits

The Platform operates a tiered system based on license verification and professional credentials. Each tier has specific limits on active mandates, interest expressions, identity reveals, and match card views. Limits are designed to maintain platform quality and prevent abuse. New accounts are subject to a 30-day probationary period with reduced limits.

8. Single Session Enforcement

Each account is limited to one active session at a time. Logging in from a new device will terminate the previous session. This is a security measure to protect your account.

9. Messaging and File Attachments

Messages sent through the Platform are part of the permanent audit trail and cannot be edited or deleted after sending. File attachments are limited to PDF, DOCX, JPG, and PNG formats, with a maximum size of 10 MB per file. All attachments are stored in private storage and accessible only to conversation participants.

10. Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these terms, fraudulent activity, or at our discretion. You may request account deletion by contacting us at steve@ah360views.com. Certain data (introduction registry records, activity logs) may be retained after deletion for legal and dispute resolution purposes.

11. Disclaimer of Warranties

The Platform is provided "as is" without warranties of any kind, express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or that matches will result in transactions. We are not responsible for the accuracy of vessel listings, buyer qualifications, or broker representations.

12. Limitation of Liability

To the maximum extent permitted by law, AH360 Photography LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to lost commissions, failed transactions, or unauthorized access to your account.

13. Governing Law

These terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these terms shall be resolved in the courts of Broward County, Florida.

14. Changes to Terms

We may update these terms from time to time. Active brokers will be notified of material changes via email. Continued use of the Platform after changes constitutes acceptance of the updated terms.

15. Contact

For questions about these terms, contact: steve@ah360views.com

AH360 Photography LLC, Coconut Creek, FL 33073