BVAS.Pro , LLC Terms of Service (TOS)
Version: V260518
1. Acceptance of Agreement
These Terms of Service (“Terms”) govern the provision of services by BVAS.PRO, LLC (“BVAS,” “Company,” “we,” or “us”) to the subscribing client (“Client,” “you,” or “your”). By executing a Subscription Agreement, Statement of Work, using our website, clicking our links, submitting information through our forms, opting in to communications, or otherwise engaging BVAS services, Client agrees to be bound by these Terms.
These Terms, together with any Subscription Agreement, Service Level Agreement, if applicable, Privacy Policy, Communication Consent Preferences, and any written addenda, constitute the entire agreement between the parties, collectively referred to as the “Agreement.”
2. Nature of Services
BVAS provides technology implementation, workflow configuration, CRM and IDX deployment support, telecommunications routing configuration, cloud document organization support, back-office administrative coordination, bilingual real estate infrastructure support, and related operational assistance, collectively referred to as the “Services.”
BVAS provides administrative, operational, technology, and systems support only.
BVAS does not:
Act as a brokerage;
Serve as a supervising broker;
Provide legal advice;
Act as an MLS participant;
Provide regulatory or compliance oversight;
Supervise licensed real estate activity.
Client retains full responsibility for regulatory compliance, brokerage supervision, licensing requirements, MLS participation, advertising compliance, professional conduct, and all communications sent through any configured systems.
3. Administrative Platform Access
In order to deliver Services, Client may grant BVAS administrative access to third-party platforms, including CRM systems, IDX systems, back-office platforms, VoIP systems, telecommunications platforms, email systems, SMS/MMS messaging systems, and cloud storage platforms.
Such access is limited to:
Configuration;
Deployment;
Workflow optimization;
Technical troubleshooting;
Integration support;
Administrative coordination.
Client retains ultimate ownership and control of all third-party platforms and remains solely responsible for all activities conducted within those systems.
4. Communication Consent & SMS Disclosure
By clicking “I Consent,” submitting a form, signing a contract, scheduling a consultation, or otherwise providing your contact information to BVAS.PRO, LLC, you provide your signature and express consent to be contacted by BVAS.PRO, LLC via phone, including calls, SMS/MMS text messages, automated systems, prerecorded voice messages, and email at the contact details you provide.
Purpose of Communications: Messages may include appointment reminders, account updates, service updates, project coordination, billing or administrative notifications, and details about our bilingual real estate infrastructure services.
Message Frequency: Message frequency depends on your interactions with our team, the services you request, and the stage of your project or account.
Costs: Standard message and data rates may apply.
Consent Not Required: Consent to receive marketing or promotional communications is not required to make a purchase or engage our services.
Opt-Out Instructions: You may revoke consent at any time by replying STOP to any text message, clicking the “I Do Not Wish to Receive Communications” option where available, or emailing support@bvas.pro.
Help Instructions: For help, you may reply HELP to any text message or contact us at support@bvas.pro.
No Sharing of Mobile Information: Your privacy is important to us. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data, mobile numbers, and consent records will not be shared with any third parties for marketing or promotional purposes.
5. Telecommunications & Messaging Disclaimer
BVAS may configure telecommunications routing integrations, including VoIP forwarding, IVR routing, queue configuration, CRM-connected calling structures, SMS/MMS configuration, appointment reminder workflows, and related communication systems.
BVAS does not:
Operate predictive dialers;
Initiate outbound marketing campaigns independently;
Send bulk SMS communications independently;
Act as the originator of Client marketing communications;
Sell, rent, or share mobile opt-in data for marketing or promotional purposes.
Client is solely responsible for compliance with all telecommunications, marketing, advertising, and messaging laws, including but not limited to:
The Telephone Consumer Protection Act, also known as TCPA;
CAN-SPAM Act;
A2P/10DLC registration requirements;
State and federal call recording laws;
Advertising and solicitation regulations;
Carrier messaging rules and guidelines.
Client acknowledges that all marketing communications initiated through configured platforms are initiated by Client and not BVAS, unless otherwise expressly agreed in writing.
6. Privacy & Data Protection
6. Privacy & Data Protection
BVAS respects the privacy of clients, leads, website visitors, and users who provide contact information through our website, forms, systems, or services.
BVAS does not sell client data.
BVAS does not sell, rent, or share mobile information, SMS opt-in data, mobile numbers, or consent records with third parties or affiliates for marketing or promotional purposes.
Information collected may be used for service delivery, account management, appointment scheduling, project coordination, customer support, billing or administrative notifications, compliance documentation, and communication related to BVAS services.
BVAS may store or process information through secure third-party platforms used to deliver the Services, including CRM systems, VoIP systems, SMS/MMS messaging systems, cloud storage platforms, and automation tools.
For more information, please review our Privacy Policy.
7. Service Interruptions & Exclusive Remedy
Client acknowledges that Services may experience temporary interruptions, delays, or performance limitations due to:
Third-party platform dependencies;
Internet connectivity issues;
Telecommunications carrier limitations;
Scheduled maintenance;
Force majeure events.
In the event of a verified and material service interruption directly and solely caused by BVAS’s failure to perform under this Agreement, Client’s sole and exclusive remedy shall be a prorated service credit.
Service credits:
Shall be calculated based on the actual period of verified downtime;
Shall apply only to the affected Service component;
Shall not exceed the monthly subscription fee for the affected Service;
Shall be issued as account credit only;
Shall not be redeemable for cash;
Must be requested in writing within thirty (30) days of the event;
Shall expire ninety (90) days after issuance if unused.
BVAS shall not be required to refund fees for Services already rendered.
8. Material Breach Threshold
No claim related to service interruption may be brought unless the alleged failure results in a material disruption lasting more than twenty-four (24) consecutive hours and is directly attributable to BVAS’s gross negligence or willful misconduct.
9. Limitation of Liability
To the maximum extent permitted by law, BVAS’s total aggregate liability arising out of or relating to this Agreement shall not exceed the total fees paid by Client during the one (1) month immediately preceding the event giving rise to the claim.
In no event shall BVAS be liable for:
Lost profits;
Lost commissions;
Lost business opportunities;
Regulatory fines or penalties;
Indirect damages;
Incidental damages;
Consequential damages;
Special damages;
Punitive damages;
Reputational harm.
The parties acknowledge that the pricing of Services reflects this allocation of risk.
10. No Setoff
Client shall not withhold, offset, or reduce any fees owed under this Agreement due to any alleged dispute, service interruption, or claim.
11. Indemnification
Client shall defend, indemnify, and hold harmless BVAS, its officers, employees, contractors, and affiliates from and against any claims, damages, penalties, fines, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising from:
Client’s violation of MLS rules;
Client’s brokerage or licensing violations;
Client’s telecommunications practices;
Client’s advertising or marketing activities;
Client Data;
Client’s professional conduct;
Client’s use of third-party platforms;
Client’s failure to obtain proper consent from its own customers, leads, or contacts.
