These Terms are an agreement between you and Bruns Technologies LLC, a Florida limited liability company doing business as Octera ("Octera"), for the use of Octera at app.octerarealestate.com and the pages it serves. If you use Octera for a brokerage, you accept them for the brokerage as well and confirm you may do so. A signed order form or master agreement with your brokerage takes precedence over these Terms where they differ.
1.The service
Octera helps brokerages and agents market listings: it builds property, open-house and seller-report pages, prepares marketing, publishes to the channels you connect and switch on (Facebook, Instagram, YouTube and email), collects inquiries, and reports results. Features change over time; we will tell you before removing something material you rely on.
2.Accounts
- Octera is for licensed real estate professionals, their brokerages and their staff. You must be at least 18.
- Give accurate information and keep your password secret. You are responsible for activity under your account; tell us at once at contact@octerarealestate.com if you suspect misuse.
- A brokerage's brokers and admins control its account: who is invited, what agents may do, and which channels are on. When someone leaves a brokerage, the brokerage may remove their access, and connected accounts that belong to them are disconnected.
3.Your content
"Your content" is what you or your brokerage put into Octera: listing details, photos, videos, documents, branding, contacts and messages.
- You keep ownership. You grant Octera a worldwide, non-exclusive, royalty-free licence to host, copy, adapt (for example resize or reformat), display and publish your content only to provide the service, including publishing it to the channels you switch on.
- You have the rights. You confirm you own your content or have every licence and permission it needs, including from photographers, videographers, sellers, and anyone pictured, and that publishing it as you set up does not infringe anyone's rights. Octera asks you to confirm this when you upload a video.
- It is accurate and lawful. You are responsible for your content and listing information being accurate, not misleading, and compliant with fair-housing, advertising, licensing and brokerage-supervision rules that apply to you.
4.MLS data
If your brokerage connects an MLS, Octera receives listing data through MLS Grid under your brokerage's MLS participation and data licence. You confirm your brokerage is authorised to receive that data and to market those listings, and you agree to follow the MLS's rules, including on media rights and attribution. Octera uses only public listing fields, may stop showing MLS data if a licence ends or the MLS requires it, and does not guarantee MLS data is accurate or complete.
5.Automated marketing
- You choose what runs. Octera posts, emails or uploads automatically only on channels a broker, admin or the account owner has connected and switched on. Every channel can be paused in Settings, which stops what has not yet been sent.
- YouTube uploads need express authorisation. Turning on automatic uploads for a YouTube channel asks you to authorise, in specific words, Octera uploading eligible listing videos to that named channel with the visibility you set. Octera records who authorised it and when. Reconnecting a channel asks again.
- Email. You confirm you have the consent or other lawful basis to email each contact you add or import, and you will not remove Octera's unsubscribe link. You are responsible for compliance with the CAN-SPAM Act and similar laws as the sender.
- What you publish is yours. Posts, emails and videos Octera publishes for you are made on your behalf and under your accounts. Review your settings and the content Octera prepares; you are responsible for it as the advertiser.
6.Acceptable use
You will not use Octera to:
- break any law or third-party right, including fair-housing laws;
- send spam, or email people who have unsubscribed or never agreed to hear from you;
- publish false or misleading listings, or listings you are not authorised to market;
- upload malware, probe or overload Octera, or get around its security, limits or tenancy;
- scrape, resell or redistribute MLS data or other customers' information;
- break the terms of Facebook, Instagram, YouTube, Google, your MLS or any other connected service.
7.Third-party services
Octera connects to services it does not control. Your use of each is governed by its own terms, which you accept when you connect it:
- YouTube: by connecting a YouTube channel you agree to the YouTube Terms of Service; the Google Privacy Policy applies to Google's handling of your information.
- Facebook and Instagram: Meta's Terms and platform policies.
- Your MLS and MLS Grid: their rules and data licences.
If a platform changes, limits or withdraws its service or your access (for example a daily upload limit, a policy decision about a post, or an expired authorisation), Octera may be unable to publish there. Octera is not responsible for a third party's service, decisions or content.
8.Fees
Paid plans are billed as set out in your order form or plan page. Fees are due in advance, are non-refundable except where the law requires or we say otherwise, and exclude taxes. We will give at least 30 days' notice of a price change for your plan.
9.Octera's property
Octera, its software, design and the marketing templates it provides belong to Octera and its licensors. These Terms give you a right to use Octera, not ownership. You may send us feedback, and we may use it without obligation to you.
10.Suspension and termination
You may stop using Octera at any time; a brokerage may close its account by contacting us. We may suspend or end access if you breach these Terms, if required by law or a connected platform, or to protect Octera or others; where we reasonably can, we will tell you first and give you a chance to fix the problem. When an account ends, publishing stops, connected accounts are disconnected, and we delete or return data as the Privacy Policy describes. These sections survive: "Your content" (the licence ends except for content already published), "Octera's property", "Disclaimers", "Limitation of liability", "Indemnity" and "Governing law and disputes".
11.Disclaimers
OCTERA IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, OCTERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Octera does not guarantee that the service will be uninterrupted or error-free, that a post or upload will be accepted by a platform, that MLS data is accurate, or any particular marketing result. Octera is a marketing tool, not a real estate broker, and does not give legal, tax or real estate advice.
12.Limitation of liability
TO THE EXTENT THE LAW ALLOWS: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR BUSINESS; AND (B) OCTERA'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE FEES YOU PAID OCTERA IN THE 12 MONTHS BEFORE THE CLAIM AND US$100.
13.Indemnity
You will defend and indemnify Octera against third-party claims arising from your content, your listings, your marketing or email, your breach of these Terms, or your violation of law or of a third party's rights, including MLS, copyright and fair-housing claims.
14.Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Lake County, Florida, and each party consents to their jurisdiction.
15.Changes to these Terms
We may update these Terms. We will post the new version here with its date and, for material changes, notify brokerage admins at least 30 days before they take effect. Continuing to use Octera after that means you accept them.
16.General
These Terms, the Privacy Policy and any order form are the whole agreement about Octera. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Notices to Octera go to contact@octerarealestate.com.
17.Contact
Bruns Technologies LLC, doing business as Octera.
Mailing address: 31318 Prestwick Ave, Sorrento, FL 32776
Email: contact@octerarealestate.com