LAST UPDATED: 2026-04-27
VERSION: v1
These Terms of Service (the "Terms") govern your use of the First Access Signals mobile application and related services (the "Service") operated by Keith Godding, a real estate broker registered with the Toronto Regional Real Estate Board under THE AGENCY brokerage.
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms incorporate by reference the
Privacy Policy, which describes how First Access Signals handles your personal information, and the
methodology disclosures published by the Service.
1. Eligibility
You may use the Service only if you are at least 18 years of age and a resident of Canada. The Service is intended for the Canadian real estate market and is not designed for, advertised to, or available in any other country.
First Access Signals reserves the right to deny access to the Service at its discretion, including if it reasonably believes you have violated these Terms.
2. Description of users
The Service has two classes of user:
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Visitors. Anyone who opens the marketing surfaces. Visitors see the introduction, the methodology page, and the public Privacy Policy and Terms. Visitors do not see specific home valuations or listing details.
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Registered users. Anyone who has created an account using Apple Sign-In or Google Sign-In, completed the profile wizard, and acknowledged the bona-fide-consumer wording required by the TRREB Virtual Office Website (VOW) Datafeed Agreement. Registered users see Market Signals, full listing details, saved-home tools, and the home dashboard.
These Terms govern your use of the Service. They do not, by themselves, create a real estate brokerage relationship between you and Keith Godding or THE AGENCY. A separate, signed brokerage agreement is required to establish that relationship.
3. Privacy Policy
The
Privacy Policy is incorporated into these Terms by reference. Read it. It describes what information First Access Signals collects, how it uses information, and how information is shared.
4. Account; your responsibilities
When you create an account you agree to:
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Provide accurate and current information (name, email, phone number, real estate intent).
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Keep your account credentials confidential.
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Be the only person who uses your account.
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Notify us immediately if you believe your account has been accessed without your authorization.
You are responsible for all activity that occurs under your account.
4.1 Consent to be contacted
By creating an account and giving the express consent we ask for during the profile wizard, you agree that Keith Godding may contact you by phone call, text message, and email about your real estate goals. This consent satisfies the express-consent requirement under Canada's Anti-Spam Legislation (CASL).
You may withdraw this consent at any time. See §13 below and our Privacy Policy §6.3 for the unsubscribe options.
5. Bona-fide-consumer commitment (TRREB VOW)
To use the Service as a registered user, you must acknowledge the following statement, which is required verbatim by the TRREB VOW Datafeed Agreement §6.3(k):
The information provided herein must only be used by consumers that have a bona fide interest in the purchase, sale, or lease of real estate and may not be used for any commercial purpose or any other purpose.
By using the Service as a registered user you confirm that you are a bona-fide consumer. You agree that you will not use the Service or any data obtained from it for:
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Commercial real estate market research that is not tied to your own potential transaction.
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Competing with or undermining the Service or any TRREB member's business.
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Aggregating, scraping, redistributing, or republishing listing data.
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Any commercial purpose other than your own real estate decision.
We may disclose your acknowledgement timestamp and the wording version to TRREB if TRREB exercises its audit rights under the VOW Datafeed Agreement.
6. Property estimates and Market Signals are not appraisals
The Service produces three kinds of analytical output: a Sell Signal (a 0 to 100 score and a verdict on the timing and likelihood of selling), an Automated Valuation Model (AVM) estimate of a home's market value, and a Buy Signal for neighbourhoods. These are statistical estimates, not appraisals.
You acknowledge and agree that:
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The Service does not provide appraisals as defined by the Appraisal Institute of Canada or any provincial appraisal regulator.
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Our estimates are not guarantees of any listing price, sale price, rental price, or timing outcome.
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Real estate is a complex market and many factors that affect any specific transaction cannot be captured by a statistical model.
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You should not make a real estate, financial, tax, legal, or investment decision based solely on the output of the Service. You should consult a licensed real estate professional, and where appropriate, a lawyer, accountant, or financial advisor.
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We publish the methodology behind our estimates at the
methodology page, including how we measure accuracy, where the model performs well, and where it performs less well. You should read this page before relying on any estimate.
We are not liable to you or to any third party, under any circumstances or for any reason, with respect to our Market Signals, AVM estimates, Buy Signals, or your reliance on them.
7. License grant; restrictions
First Access Signals grants you a limited, non-transferable, non-exclusive, revocable license to use the Service for your personal, non-commercial real estate decision-making.
You will NOT:
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Use the Service for any unlawful purpose.
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Use the Service to research the real estate market on behalf of someone other than yourself or your immediate household.
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Impersonate any person or entity, or misrepresent your real estate intent.
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Resell, transfer, or sublicense access to the Service.
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Decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of the Service or the underlying machine-learning models.
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Circumvent or attempt to circumvent any rate limit, security control, or access restriction.
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Use any automated means, including bots, spiders, crawlers, scrapers, data-mining tools, or screen-scrapers, to download, copy, or scrape data from the Service, directly or indirectly.
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Interfere with or disrupt the Service or the servers that run it.
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Attempt to access another user's account.
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Hold yourself out as having any relationship with First Access Signals or with TRREB other than the relationships described in these Terms.
First Access Signals may suspend or terminate your account at any time, with or without notice, if it reasonably believes you have violated these Terms.
8. Intellectual property
The Service, including its software, design, text, graphics, logos, and the underlying statistical models, is owned by First Access Signals or its licensors and is protected by Canadian and foreign copyright, trademark, and other intellectual property laws.
These Terms do not transfer any ownership right to you. You receive only the limited license described in §7.
The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are certification marks owned by REALTOR® Canada Inc. and licensed exclusively to the Canadian Real Estate Association (CREA). The MLS® trademark and the MLS® logo are owned by CREA. We use these marks under license through THE AGENCY's TRREB membership.
9. MLS® listing data and TRREB attribution
The listing information displayed in the Service is sourced from the TRREB MLS® system through the VOW data feed. You acknowledge:
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TRREB owns the MLS® system database, the listing information, and related data and exercises proprietary rights including copyright.
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All listing information is provided for your personal, non-commercial use.
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The information is deemed reliable but is not guaranteed accurate by us, by TRREB, by PROPTX, or by the listing brokerage. You should not rely on any listing detail without independently verifying it.
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Every listing surface in the Service displays the listing brokerage's name and the MLS® attribution as required by the VOW Datafeed Agreement.
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TRREB and PROPTX may, on reasonable notice, monitor or audit the Service to verify compliance with the VOW Datafeed Agreement.
You will not redistribute, retransmit, copy, or republish any listing data obtained from the Service.
10. Communications
By using the Service you agree that First Access Signals and Keith Godding may contact you by phone call, text message, push notification, and email for the following purposes:
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To follow up about your real estate goals (commercial; requires the express consent you gave at signup).
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To send you transactional messages such as a welcome email, security notices, account confirmations, and notifications about features you opted into.
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To respond to questions you ask us.
We will use the contact information you provide. You are responsible for keeping your contact information current. If you change phone numbers and the new number reaches a different person, you agree to indemnify us for any CASL or do-not-call complaints arising from a message we sent to the number you previously provided.
You may opt out of commercial messages at any time. Transactional messages will continue. See Privacy Policy §6.3.
11. Third-party services and links
The Service may contain links to third-party websites or services. First Access Signals does not control these third parties and is not responsible for their content, practices, or privacy policies. Your interactions with any third party are governed by that third party's terms.
If you choose to engage a service provider Keith Godding refers you to (for example, a mortgage broker, home inspector, lawyer, or moving company), you acknowledge that First Access Signals may receive a referral fee where permitted by law and disclosed to you. It is not a party to your agreement with the service provider and is not responsible for the service provider's services.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIRST ACCESS SIGNALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED OPERATION.
FIRST ACCESS SIGNALS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR BE AVAILABLE AT ALL TIMES.
FIRST ACCESS SIGNALS DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL, TAX, LEGAL, OR INVESTMENT ADVISOR. THE INFORMATION IN THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE.
FIRST ACCESS SIGNALS DOES NOT PROVIDE APPRAISALS. ANY VALUATION OUTPUT FROM THE SERVICE IS A STATISTICAL ESTIMATE AND IS NOT AN APPRAISAL UNDER ANY FEDERAL, PROVINCIAL, OR PROFESSIONAL STANDARD.
NOTHING IN THESE TERMS WAIVES ANY NON-WAIVABLE STATUTORY RIGHT YOU HAVE UNDER CANADIAN LAW.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
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ANY DIRECT DAMAGES YOU SUFFER ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE WILL BE LIMITED IN THE AGGREGATE TO ONE HUNDRED CANADIAN DOLLARS (CAD $100).
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FIRST ACCESS SIGNALS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF IT WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations do not apply to liability that cannot be limited or excluded under applicable Canadian law (for example, liability for personal injury caused by gross negligence) and do not affect any non-waivable rights you have as a consumer.
If you enter into a separate brokerage agreement with Keith Godding or THE AGENCY, the liability terms of that agreement, not this section, govern that brokerage relationship.
14. Indemnification
You agree to indemnify and hold harmless First Access Signals, Keith Godding, THE AGENCY, and the service providers from any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of:
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Your breach of these Terms.
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Your misuse of the Service.
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Your violation of any law or third-party right.
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Your provision of inaccurate or out-of-date information (including phone numbers that route to other people, in which case CASL or do-not-call liability is yours).
We will give you reasonable notice of any claim and let you control the defence at your expense, provided you do not settle in a way that admits liability for us without our consent.
15. Termination
You may stop using the Service and delete your account at any time. See the Privacy Policy §6.2 for the deletion process.
First Access Signals may suspend or terminate your account at its discretion if it reasonably believes you have violated these Terms or applicable law. The provisions of these Terms that by their nature should survive termination will survive (including §6, §7, §8, §12, §13, §14, §16, §17, §18, and §19).
16. Governing law and forum
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.
You and we agree that the exclusive jurisdiction for any dispute arising out of or relating to these Terms or the Service, except as modified by §17 (Binding arbitration), is the courts of Toronto, Ontario.
17. Binding arbitration; class-action waiver
If a dispute arises between you and us, we will first try to resolve it informally. Email
befirst@firstaccesshomes.com describing the dispute. We will respond within 30 days.
If we cannot resolve the dispute within 30 days, you and we agree that the dispute will be resolved by binding arbitration administered by the ADR Institute of Canada, Inc. under its Arbitration Rules then in effect, before a single arbitrator, in Toronto, Ontario, in the English language.
The arbitrator's decision is final and binding except as provided in the Arbitration Act, 1991 (Ontario) or any successor legislation. Either party may apply to a court of competent jurisdiction to enforce the award.
Exception for intellectual-property disputes. Disputes about trademarks, copyright, patents, trade secrets, or other intellectual property may be brought in court rather than arbitration.
Class-action waiver. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
If a court finds the class-action waiver to be unenforceable for a particular claim, that claim must proceed in court rather than arbitration; the rest of these Terms remain in effect.
18. Equitable relief
Notwithstanding §17, First Access Signals may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or to prevent unauthorized scraping or other breach of §7.
19. General
19.1 Entire agreement
These Terms, together with the Privacy Policy and any brokerage agreement you sign with Keith Godding or THE AGENCY, are the entire agreement between you and us about the Service. No oral or written statement creates a warranty or alters these Terms.
19.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the rest of these Terms will remain in effect.
19.3 Assignment
You may not assign these Terms or your account without our prior written consent. We may assign these Terms in connection with a sale, merger, or transfer of THE AGENCY or the Service.
19.4 Waiver
Our failure to enforce any provision is not a waiver of that provision.
19.5 Notice
We will give you legal notices by email to the address on your account or by an in-app message. Notices to us must be sent by email to
befirst@firstaccesshomes.com and by registered mail to: Keith Godding, c/o THE AGENCY, 2484 Bloor Street West, Unit 19, Toronto, Ontario M6S 1R5.
19.6 Force majeure
First Access Signals is not liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of nature, government action, labour disputes, or telecommunications failure.
19.7 Statute of limitations
Any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arose, or it is permanently barred.
19.8 Relationship
These Terms do not create any joint venture, partnership, employment, or agency relationship. They do not establish a real estate brokerage relationship between you and Keith Godding or THE AGENCY; that requires a separate, signed brokerage agreement.
19.9 Changes to these Terms
First Access Signals may update these Terms from time to time. When it does, it will update the "Last updated" date at the top, increment the document version, and notify you by email at least 14 days before a material change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
20. Contact us
For questions about these Terms or to give legal notice:
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Mail: Keith Godding, c/o THE AGENCY, 2484 Bloor Street West, Unit 19, Toronto, Ontario M6S 1R5
For privacy questions, use the contacts in our Privacy Policy §12.
End of Terms.