FBS Terms of Use

Effective date: October 25, 2026
Provider: Financial Business Systems, Inc. (“FBS”).

IMPORTANT: If you connect an AI assistant, chatbot, agent, plug-in, automation, or other third-party tool to an FBS MCP server or any other FBS Service, you agree in Section 31 that the tool will not use MLS data it retrieves to train or improve AI models, and will not keep, copy, or export that data. Before you connect a tool, check its settings and terms to make sure they prohibit these uses. You are responsible for every tool you connect.

These Terms of Use (“Terms”) govern access to and use of FBS software, websites, applications, APIs, data services, and AI-enabled functionality, including Flexmls, Spark API, Spark Datamart, Scout, and related services (“FBS Services”). They apply to individuals and organizations using FBS Services. Part I applies to everyone; Parts II–V apply when you engage in the activities described in those parts. A person can act in more than one capacity and must comply with each applicable part.

By clicking acceptance, registering, obtaining credentials, or accessing or using FBS Services after these Terms have been presented to you, you agree to these Terms. If you are acting on behalf of another person or entity, you agree to these Terms on their behalf and represent that you have the authority to do so. If you do not agree, do not use the applicable Services. Additional MLS rules, data licenses, and separately signed agreements may apply as described below.

Part I. Terms Applicable to All Users

1. Definitions

“MLS” means a multiple listing service that provides or authorizes access to information through FBS Services.
“MLS Content” means listing information, images, documents, history, member or office information, metadata, and other data furnished or controlled by an MLS, including permitted modifications made through FBS Services.
“MLS Rules and License Terms” means the applicable MLS’s rules, access permissions, data plans, display requirements, and agreements, whether communicated through the Service, API, or otherwise.
“MLS Member” means an MLS-authorized broker, agent, appraiser, administrator, or other subscriber.
“Developer” means a person or organization that accesses APIs, data feeds, the Spark Datamart, or developer tools, or that builds or operates an Application. An MLS Member who subscribes to a Data Plan or who builds or operates an Application, and any person acting on an MLS Member’s behalf in doing so, is a Developer for that activity and must comply with Part III.
“Application” means any software, website, service, integration, automation, or other digital product created or operated by a Developer that accesses, uses, or displays MLS Content or interacts with FBS Services, whether or not it is sold or distributed to others.
“Confidential Information” means nonpublic information disclosed by or on behalf of FBS or an MLS that is designated as confidential or that a reasonable person would understand to be confidential, including nonpublic MLS Content, other users’ User Content and personal information, API credentials, nonpublic technical documentation and security information, and the terms of any separately executed agreement.
“Data Plan” means the terms on which an MLS makes MLS Content available to a Developer or other licensee, including through the Spark Datamart, such as the permitted role (for example, IDX, VOW, or private), purposes, fields, and replication rights.
“Data Licensee” means a person or organization that licenses MLS Content under a Data Plan or another MLS-authorized data license.
“Developer Content” means Applications, Application descriptions, logos, documentation, and other materials a Developer provides to FBS or an MLS.
“End User” means any MLS Member, Consumer, or other person who accesses MLS Content or FBS Services through an Application.
“Listing Input” means any addition, modification, or deletion of a listing, Listing Media, or other MLS Content made through FBS Services by or through an Application.
“Listing Media” means photographs, videos, virtual tours, floor plans, and other media submitted for a listing.
“Consumer” means an individual using Services or MLS Content for personal real estate purposes rather than as an MLS Member or Developer.
“User Content” means information you submit or save in FBS Services other than MLS Content.
“AI Features” means AI-powered functions, including assistants, agents, model-connected tools, and MCP-enabled integrations.
“AI Output” means content generated by AI Features.

2. Accounts, credentials, and authorization

You must provide accurate, current information and use only credentials assigned or authorized for you. You must be at least 18 years old, or the age of majority where you live if higher, to create an account or accept these Terms. Do not share credentials, impersonate others, bypass authentication, or permit unauthorized access. You must safeguard accounts, keys, tokens, and secrets and promptly report suspected compromise. FBS may suspend access to protect the Services, users, or MLS Content, including while FBS investigates suspected misuse. Access to MLS Content requires current authorization from the applicable MLS; a login or FBS account alone does not confer data rights.

3. Permission to use the Services

Subject to these Terms and applicable MLS permissions, FBS grants you a limited, nonexclusive, nontransferable, revocable permission to use the FBS Services for their intended purposes. FBS and its licensors retain ownership of FBS software, APIs, documentation, trademarks, and related intellectual property. Access does not transfer ownership or permit use of FBS branding without permission. MLS Content remains subject to the rights of the MLS and other applicable rights holders; no ownership or independent MLS Content license is granted by these Terms. If you provide suggestions, ideas, or other feedback about FBS Services, FBS owns that feedback and may use it without restriction or compensation to you.

4. MLS rules and separate agreements; order of precedence

You must comply with applicable MLS Rules and License Terms. Access rights, permitted purposes, recipients, display, storage, retention, attribution, and redistribution of MLS Content are controlled by the applicable MLS permissions and licenses. An MLS may suspend or withdraw access to its Content. If these Terms conflict with an applicable, separately executed agreement between FBS and you or your organization, the separately executed agreement controls on its subject matter. For MLS Content permissions and restrictions, the applicable MLS Rules and License Terms control to the extent they impose different or more restrictive conditions; nothing here expands an MLS-granted license. These Terms do not amend FBS’s agreements with MLS organizations.

5. Prohibited conduct

You may not: (a) scrape, harvest, bulk collect, or redistribute MLS Content except as expressly licensed; (b) copy, resell, sublicense, or host FBS Services or MLS Content for unauthorized third parties; (c) reverse engineer, decompile, or circumvent technical protections except where applicable law prohibits that restriction; (d) FBS may rate limit or block usage that FBS determines, in its sole discretion, is excessive, abusive, or inconsistent with these Terms.remove, obscure, or impair security, attribution, audit, or analytics mechanisms or legal notices; (e) interfere with Services or exceed applicable usage limits or reasonable request volumes; (f) violate laws, intellectual-property, privacy, or other rights; (g) use FBS Services to obtain access or rights beyond those authorized by FBS and the relevant MLS; or (h) use FBS Services or MLS Content with software or other materials subject to licenses or restrictions (for example, certain open-source licenses) that would require any part of FBS Services or MLS Content to be disclosed, licensed, or distributed to third parties. Restrictions apply equally when using automated systems and AI tools.

6. Content you provide

You represent that you have all rights and authorizations needed to submit or upload User Content and MLS Content, including listings, photos, documents, and links, and to permit the uses and distribution you direct or that the MLS authorizes. You grant FBS the rights reasonably necessary to host, process, reproduce, transmit, display, and distribute submitted content to operate the Services and implement authorized MLS instructions, subject to applicable agreements and law. You retain any rights you otherwise hold in User Content. You agree to defend and indemnify FBS against third-party claims that content you submitted was unauthorized or infringed rights, subject to applicable law.

To the extent you own the copyright in Listing Media you submit, you assign that copyright to the MLS that receives the listing, unless that MLS’s rules provide otherwise. You retain a nonexclusive, perpetual, royalty-free license to use, reproduce, modify, display, and distribute that Listing Media to market the property and your business, consistent with MLS rules. If you do not own the copyright, you must have a license from the copyright owner that permits the MLS to use, distribute, and license the Listing Media under its rules, and you must use reasonable efforts to obtain for the MLS an assignment of the copyright or an exclusive license that allows the MLS to enforce it. You will sign any further documents the MLS reasonably requests to confirm its ownership or to register or enforce its copyright.

7. Third-party services and applications

Third-party products and integrations may have separate terms. Their providers are responsible for their own products, support, and privacy practices unless FBS expressly agrees otherwise. Separate terms may not enlarge rights to MLS Content or override these Terms or applicable MLS restrictions. You are responsible for integrations you authorize and for ensuring their access is permitted. FBS and the MLSs are not responsible for supporting third-party Applications. If FBS or an MLS suspends, limits, or terminates an Application’s access, FBS has no obligation to compensate you, the Application’s provider, or its End Users.

8. Privacy and usage information

FBS processes personal information as described in its Privacy Policy at https://flexmls.com/discover/privacy/. FBS Services and Applications may provide FBS with information about how they are used, including listings and other MLS Content viewed, which may include personal information. FBS may use and share that information as described in its Privacy Policy, including to operate and improve its products and services and to verify compliance with these Terms and MLS licenses. Applicable agreements and law also govern the handling of MLS Content and personal information. This section does not independently authorize a use of MLS Content prohibited by an MLS license or other binding agreement.

9. Availability and changes

FBS may maintain, update, modify, limit, or discontinue features and may restrict access for security, compliance, or operational reasons. Availability of MLS Content depends on the applicable MLS. Except as expressly promised in a separate agreement, FBS does not guarantee uninterrupted or error-free service or continuing availability of any feature or MLS Content. FBS is not responsible for outages, delays, or errors caused by an MLS’s failure or decision not to provide MLS Content.

10. Suspension and termination

FBS may suspend or terminate access, in whole or in part, at any time, including for breach or suspected breach, while investigating suspected misuse, for security risks, or upon loss of MLS authorization, with or without notice except where a separate agreement or applicable law requires notice. You may stop using FBS Services at any time. An MLS may restrict access to its Content. Upon termination, stop using the affected Services and MLS Content and delete or return copies when required by the applicable license. Obligations intended to survive, including data restrictions, confidentiality, intellectual property, indemnity, disclaimers, and dispute provisions, survive to the extent applicable.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FBS SERVICES AND MLS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND FBS, ITS SUPPLIERS, AND THE MLSs DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FBS DOES NOT WARRANT THAT MLS CONTENT OR AI OUTPUT IS COMPLETE, CURRENT, OR ERROR-FREE. FBS AND THE MLSs CANNOT GUARANTEE THAT CONTENT SUBMITTED BY OR FOR YOU WILL BE PROTECTED FROM THEFT OR MISUSE AND ARE NOT LIABLE FOR THE FAILURE OF ANY SECURITY TECHNOLOGY OR PROCEDURE OR FOR ANY END USER’S OR THIRD PARTY’S FAILURE TO COMPLY WITH APPLICABLE TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM FBS OR AN MLS CREATES A WARRANTY. ANY EXPRESS SERVICE COMMITMENTS IN A SEPARATE SIGNED AGREEMENT REMAIN GOVERNED BY THAT AGREEMENT. NOTHING HERE EXCLUDES RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FBS AND THE APPLICABLE MLSs AND THEIR SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS, LOST REVENUE OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. THE AGGREGATE LIABILITY OF FBS AND THE MLSs, COMBINED, UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID TO FBS BY YOU OR YOUR MLS ON YOUR BEHALF FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WHERE NO SUCH AMOUNTS WERE PAID, THE CAP IS $100. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR FBS’S OBLIGATIONS UNDER SECTION 13, IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES. THIS CAP DOES NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR OBLIGATIONS EXPRESSLY ASSUMED IN A SEPARATE SIGNED AGREEMENT.

13. Indemnification

You agree to defend, indemnify, and hold FBS and its personnel harmless from third-party claims, losses, and reasonable attorneys’ fees arising from or related to your use of the Services, including your use of AI Features and your reliance on, use, or dissemination of AI Output; your breach of these Terms; your unauthorized submission or distribution of content; or your infringement of others’ rights, to the extent permitted by law. You must use counsel reasonably satisfactory to FBS, FBS may participate with its own counsel at its own expense, and you may not settle any claim without FBS’s prior written consent, which will not be unreasonably withheld. FBS represents that it has the right to provide its software Services and will defend and indemnify you against third-party claims that FBS-provided software is not owned or validly licensed by FBS, except to the extent a claim arises from MLS Content, User Content, Developer Content, an Application, a modification not made by FBS, a combination with materials not provided by FBS, or use in breach of these Terms, and subject to any more specific allocation of risk in a separate agreement. Developer-specific obligations appear in Part III.

14. MLS enforcement rights

Each MLS providing MLS Content is an intended third-party beneficiary of provisions protecting its Content, rules, access controls, credentials, attribution, data security, AI-related restrictions, indemnities, and related rights, and may enforce those provisions directly, in any jurisdiction and under any applicable law. No other third-party beneficiary is intended unless expressly identified.

15. Governing law and disputes

These Terms are governed by North Dakota law, without its conflicts rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. Except as provided below, disputes arising under these Terms must be brought in the state or federal courts located in Cass County, North Dakota, and the parties consent to their exclusive jurisdiction and venue. FBS may seek injunctive or other urgent relief in any jurisdiction, and an MLS may enforce its rights under Section 14 in any jurisdiction.

16. Other legal terms

FBS may update these Terms by posting an updated version and giving notice appropriate to the change and applicable law; continued use after the effective date constitutes acceptance where legally permitted. If a provision is unenforceable, it will be replaced with an enforceable provision that most closely reflects its intent, and the remainder remains effective. Failure to enforce is not a waiver. You may not assign rights without FBS consent; FBS may assign these Terms in connection with its business. The parties are independent contractors. FBS may use subcontractors and service providers, including providers of AI models and hosting infrastructure, to provide the Services and exercise its rights. You must comply with applicable export laws. Notices to FBS may be sent to administration@fbsdata.com unless FBS identifies another address. These Terms and applicable referenced agreements form the agreement for their subject matter, subject to Section 4.

FBS Services are intended for use in the United States. You are responsible for any mobile data, connectivity, or other third-party charges you incur to use FBS Services. FBS software and documentation are “commercial items,” “commercial computer software,” and “commercial computer software documentation” as defined in 48 C.F.R. §2.101 and used in 48 C.F.R. §12.212 and §227.7202, and are licensed to U.S. Government end users only with the rights granted to all other users under these Terms.

Part II. Additional Terms for MLS Members

17. Eligibility and authorized professional use

You represent that you are authorized by the relevant MLS and remain eligible for the access you use. You may access MLS Content for your authorized professional activities and to serve clients or customers only as permitted by MLS Rules and License Terms. Do not share MLS Content with consumers or other third parties unless the MLS expressly permits that sharing, including under applicable IDX, VOW, or other data licenses.

18. MLS Member responsibilities

You must use individual credentials; comply with MLS rules, roles, display requirements, and access restrictions; avoid scraping and unauthorized redistribution; and assist FBS and the MLS in addressing unauthorized access or use. Member-entered listings and other submitted materials remain subject to Section 6. You are responsible for any third-party application or service you authorize to access MLS Content on your behalf, including applicable access and data restrictions. If you authorize an Application to add or modify listings for you, you are responsible to the MLS for those changes as if you made them. FBS and the MLS rely on the MLS’s authentication and permissions for your account to confirm any broker approval the MLS requires.

19. Consumers served by MLS Members

You may make MLS Content available to customers through authorized applications or portals only within the applicable MLS permissions and license, and only to customers who are bound by these Terms, including Part IV, and any additional required notices or agreements. The MLS may limit or terminate that access.

Part III. Additional Terms for Developers and Data Licensees

20. Developer authorization and permitted purposes

Developers must obtain the appropriate FBS and MLS authorization, API credentials, data plans, and any required approvals before accessing MLS Content. Authorized use is limited to the purposes, users, roles, and data rights expressly granted, including approved member-facing, consumer-facing, development, and testing uses. Development or testing does not authorize disclosure of MLS Content to unauthorized persons. Developer access does not itself confer redistribution rights. Part III applies to every Application that accesses MLS Content or FBS Services, whether it is sold, licensed, distributed free of charge, or used only internally.

FBS may charge fees for access to or use of the Spark API, the Spark Datamart, Listing Input, replication, and other developer services, including fees based on usage such as request volume, data volume, or the number of MLSs, listings, or End Users served. FBS does not charge fees for providing an MLS Member’s own data to that MLS Member, such as listings for which the MLS Member is the listing agent or listing broker, through a Data Plan the MLS designates for that purpose. Applicable fees are stated in FBS’s published fee schedule, an order form, a Data Plan, or another written notice from FBS. Services provided without charge may become subject to fees. FBS will give Developers at least 30 days’ notice before a new fee or a fee increase takes effect, and a Developer that does not accept the change may stop using the affected services before it takes effect. Fees are payable as stated in the applicable fee schedule or order form and are exclusive of taxes, which are the Developer’s responsibility. Unless FBS agrees otherwise in writing, fees are non-refundable. FBS’s records of usage determine usage-based fees, absent manifest error. FBS may suspend access if fees are past due. Fees charged by an MLS under a Data Plan are separate from FBS fees, even if FBS collects them on the MLS’s behalf. Paying fees does not expand a Developer’s rights to MLS Content beyond those granted by the applicable MLS.

21. MLS data handling, replication, and caching

Developers may replicate MLS Content only if the applicable API account, data plan, and MLS license expressly authorize replication. Otherwise, access is transactional and storage is limited to temporary performance caching for no more than 24 hours, unless an applicable MLS license expressly permits a different period. Developers must not redistribute data beyond the licensed application, user, and purpose. On expiration or termination of rights, cease access and delete or return content as required by the applicable MLS agreement.

22. Security and technical requirements

Developers must use industry-standard safeguards against unauthorized access, scraping, harvesting, and disclosure. API requests must accurately identify the requesting application or user agent as required by current documentation. Do not expose API keys, secrets, or protected OAuth credentials to browser code or end users; use secure server-side access where required by the applicable authentication design. Transmit credentials only to authorized endpoints using HTTPS and store any permitted tokens securely and encrypted. Do not copy, store, or retain End User passwords or other credentials; authenticate End Users using FBS-provided authentication. For live (non-replication) access on behalf of MLS Members or Consumers, authenticate End Users through FBS single sign-on or another FBS-approved delegated authorization flow that obtains each End User’s acceptance of these Terms. Follow FBS API documentation and authentication requirements as updated. FBS may rate limit or block usage at any time in its sole discretion.

23. End users, privacy, and support

Developers may permit access to MLS Content through their Applications only by End Users who are bound by these Terms. Developers must provide legally adequate notices, terms, and support information for their applications and comply with privacy laws and user permissions. Each Application’s end-user terms must state the terms under which the Application is licensed, state that FBS and the MLSs are not responsible for supporting the Application, and provide the Developer’s support contact information. Those terms must not conflict with these Terms or MLS licensing requirements, and these Terms control in any conflict. Developers are responsible for their applications, support, and lawful processing of end-user information. Where supported and required by the relevant API documentation, developers must write member or consumer saved content through FBS Services so it remains accessible to the authorized user. Developers must promptly notify FBS at api-support@sparkplatform.com of material End User misuse they discover, take prompt commercially reasonable corrective action at their own expense, and provide reasonable assistance requested by FBS or an MLS. These reporting and assistance obligations survive termination.

24. Attribution, tracking, and audits

Developers must comply with all applicable MLS attribution, display, and usage-measurement requirements. Where MLS Content includes a Source MLS, Inc. logo, URL, or tracking mechanism, developers must display the logo as required by the applicable Source MLS Display and Usage Requirements and implement the tracking mechanism for each listing detail page view. Failure to comply is a material breach. FBS and each MLS whose Content a Developer accesses may audit the Developer’s systems, records, data centers, and other facilities to verify compliance with these Terms and applicable MLS licenses, and the Developer must cooperate. Auditors will follow the Developer’s reasonable security and confidentiality procedures.

25. Developer warranties, confidentiality, and indemnity

Each Developer makes the following representations. It has the authority to enter into these Terms. All information it provides to FBS is accurate and complete. It holds all rights needed in its Developer Content and is solely responsible for any royalties or other amounts owed to its licensors. Its applications, Developer Content, and advertising do not infringe third-party rights and do not contain malicious code. It will comply with all MLS Rules and License Terms and with the license terms of any software it uses, including the restriction in Section 5(h).

Developers must protect Confidential Information. They may use it only as these Terms permit and may copy it only as needed to exercise their rights under these Terms. These obligations do not apply to information that is public through no fault of the Developer, that the Developer developed independently or lawfully knew before receiving it, or that the Developer lawfully received from a third party entitled to disclose it. A Developer may disclose Confidential Information when the law requires it, but must first give FBS reasonable notice, where legally permitted, and an opportunity to seek a protective order. FBS may seek equitable relief to prevent threatened misuse of Confidential Information.

Developers must defend and indemnify FBS against third-party claims arising from their applications, their Developer Content, their exercise of rights under these Terms, their violations of these Terms, or their breaches of their end-user agreements. This obligation is subject to applicable law and to the procedures in Section 13.

26. Changes, access termination, and transition

FBS may modify APIs, technical requirements, and availability. FBS will use commercially reasonable efforts to give Developers at least two weeks’ notice of planned maintenance and material changes, to perform maintenance during periods of low usage, and, when releasing an API version that is not backward compatible, to maintain the prior version for a reasonable transition period; urgent security, legal, or MLS-required changes may take effect sooner. FBS will give Developers notice of material changes to these Terms by email or through their developer account. Developer access may be suspended or terminated under Part I or applicable licenses. If FBS believes a Developer has breached its confidentiality, security, data-handling, or warranty obligations, FBS may also disable the Application’s access for all End Users, without liability to the Developer or its End Users. Developer obligations to end users and data-handling obligations survive as required by their agreements and law.

27. Listing input and modification

Listing Input requires separate approval from FBS and the applicable MLS. FBS may require successful testing in an FBS development environment before issuing production access, and may suspend or revoke Listing Input access independently of read access. Each Listing Input must be made on behalf of, and with the authorization of, an MLS Member whom the MLS permits to make that change, using delegated authorization tied to that MLS Member. FBS and the MLS rely on the MLS’s authentication and authorization of that MLS Member, including any broker approval that the MLS’s roles and permissions require. When an MLS Member revokes authorization or loses the applicable MLS permissions, the Developer must stop making Listing Input on that MLS Member’s behalf.

Developers represent that each Listing Input accurately reflects the information provided or approved by the MLS Member; complies with MLS Rules and License Terms, including data-entry, business, and timing rules; complies with applicable law, including fair housing and advertising laws; and contains only content the Developer and the MLS Member have the right to submit. Listing Media submitted through an Application is subject to Section 6, and Developers must present that Section to MLS Members before they submit Listing Media. Developers must obtain the MLS Member’s affirmative confirmation before a listing is first made active and before any change to listing status, a change to list price, or the removal of Listing Media. Developers may not make bulk or automated Listing Input without that confirmation unless the MLS expressly permits it.

Each Listing Input must accurately identify the Application and the MLS Member on whose behalf it is made. FBS may log Listing Input and share that history with the MLS and the listing broker. FBS and the MLS may validate, reject, correct, revert, or quarantine any Listing Input, and may suspend Listing Input access immediately. Developers must promptly notify FBS of erroneous or unauthorized Listing Input, help correct it, and bear the reasonable costs of correcting errors they cause. FBS is not responsible for Listing Input that is rejected or delayed, for errors in Listing Input, or for distribution of Listing Input to IDX, VOW, syndication, or other recipients before it is corrected. The Developer indemnity in Section 25 includes claims arising from Listing Input, including copyright and fair housing claims.

Developers may store showing instructions, access or lockbox codes, seller personal information, private remarks, and other nonpublic listing fields only as needed to submit and maintain the listing for the MLS Member. They may display those fields only to that MLS Member and others the MLS permits to see them. Once submitted, Listing Input becomes MLS Content subject to MLS Rules and License Terms. Developers may retain copies of Listing Input only as the MLS Member authorizes, and Listing Input access does not expand a Developer’s right to access or use other MLS Content.

Part IV. Additional Terms for Consumers

28. Personal use of property information

Consumers may access MLS Content only for bona fide personal real estate research, purchase, sale, or rental decisions as authorized by the relevant MLS. Consumer access does not permit scraping, bulk collection, commercial exploitation, redistribution, or use to build competing datasets or services. Content may be incomplete, inaccurate, or changed without notice and should be verified with appropriate professionals and source records.

29. Consumer accounts and relationships

Consumers must provide accurate registration information and safeguard their credentials. Access through a broker, agent, portal, or other application does not itself establish a brokerage or agency relationship with FBS. Broker or developer services may have separate terms that cannot expand MLS Content rights. MLSs and authorized providers may restrict consumer access when permitted by applicable terms and law.

30. Consumer content

Consumers may save searches, favorites, notes, messages, and other information as functionality allows. Their rights and FBS’s handling of that content are governed by Sections 6 and 8 and applicable privacy disclosures. Consumers must not upload unlawful or infringing content.

Part V. Additional Terms for AI Features

31. AI Output; verification and responsibility

AI Features may generate incomplete, inaccurate, misleading, or outdated information. AI Output is informational, not legal, financial, real estate, or other professional advice. You must independently review and verify outputs before relying on them, presenting them as factual, communicating them to clients, or using them to satisfy legal or MLS obligations. Do not rely on AI Output as the sole basis for consequential decisions.

32. MLS Content and third-party AI systems

MLS Content accessed through AI Features remains subject to all applicable MLS access, use, storage, redistribution, attribution, and security restrictions. You are responsible for any AI client, plug-in, agent, automation, or third-party tool you connect or authorize. You must ensure that the terms governing those tools prohibit retention, export, model training, fine-tuning, benchmarking, product improvement, and creation of derivative datasets from MLS Content unless the applicable MLS expressly authorizes the activity.

33. AI-initiated actions

AI systems may not take actions affecting MLS data, records, access permissions, or other MLS operations without appropriate user review, verification, and affirmative authorization. FBS may require additional confirmations, permissions, or controls for AI-connected actions. MLSs may enforce the AI-related provisions protecting their Content and systems as provided in Section 14.

34. AI risk allocation

Use of AI Features and reliance on AI Output are at your own risk, subject to applicable law and the limitations and disclaimers in Part I. To the maximum extent permitted by law, FBS has no liability for claims, damages, losses, or expenses arising from your use of AI Features or your reliance on AI Output, including decisions, actions, or omissions based on it. You are responsible for claims resulting from use, disclosure, or dissemination of AI Output or MLS Content through tools you control, as provided in Section 13.