These Terms of Use ("Terms") govern your access to and use of the SetSail Referrals website, referral plans, appointment scheduling, live transfers, and related services (together, the "Services") provided by SetSail Referrals ("Company," "we," "our," or "us"). By browsing our website, submitting a form, purchasing a plan, or otherwise using the Services, you confirm that you have read, understood, and agree to these Terms. If you do not agree with any part of them, please stop using the Services.
1. Eligibility and accounts
You must be at least eighteen (18) years old and able to enter into a binding agreement to use the Services. If you purchase a plan as a real estate professional, you also confirm that you hold an active real estate license in good standing in each state where you will work with referrals, and that you are authorized by your brokerage to receive and pay referral fees.
You agree that the information you give us is accurate and up to date, and that you will keep your login details secure. We may ask for license, identity, or brokerage information at any time to confirm eligibility or prevent fraud.
2. Our services
SetSail Referrals runs marketing campaigns to find people who want to buy or sell a home, contacts them to confirm their interest, budget, and timeline, and then connects them with a partner agent. Depending on your plan, this may include scheduled appointments or live phone transfers (live transfers are offered upon availability).
We work hard to deliver motivated, verified referrals, but we cannot control what a buyer or seller decides to do. We do not guarantee that any referral will result in a listing, a sale, a closing, or any particular income.
3. Plans, zip codes, and referral volume
Each plan includes a number of exclusive referrals per month and a number of exclusive zip codes, as shown on our Plans page at the time you purchase:
- Harbor: 3–4 exclusive referrals per month and 2 exclusive zip codes, billed yearly.
- Voyager: 5–6 exclusive referrals per month and 4 exclusive zip codes, billed yearly.
- Fleet: 7–8 exclusive referrals per month and 8 exclusive zip codes, billed yearly.
"Exclusive" means that while your plan is active, we will not send the same referral to another agent, and we will not sell your zip codes to another agent on our platform. Zip codes are assigned on a first-come, first-served basis and are subject to availability. Referral volume depends on market activity in your zip codes; if we fall short in a given month, we will work with you to make it up in the following months.
4. Referral fees
In addition to the plan price, a referral fee is due only when a referral we sent you results in a closed transaction. The fee is a percentage of the commission you or your brokerage earn on that transaction:
- Harbor: 15% referral fee on closing
- Voyager: 12% referral fee on closing
- Fleet: 8% referral fee on closing
You agree to tell us promptly about the status of each referral, including when it goes under contract and when it closes, and to pay the referral fee within ten (10) days of closing. Where your state or brokerage requires it, referral fees will be paid through your managing broker under a written referral agreement. This obligation continues after your plan ends for any referral we delivered while it was active.
5. Billing and payments
Plan prices are charged when you sign up. Harbor, Voyager and Fleet are annual plans that renew each year unless you cancel as described in our Cancellation Policy. Payments are processed by trusted third-party payment processors, and you authorize us to charge the payment method you provide.
If you believe a charge is wrong, contact us within thirty (30) days of the charge so we can fix it. Please talk to us before starting a chargeback; filing one without contacting us first may lead to suspension of your account.
6. Your responsibilities
When you receive a referral, you agree to:
- Contact the referral promptly and treat them professionally and respectfully.
- Follow all real estate licensing laws, the Fair Housing Act, and Equal Housing Opportunity principles.
- Follow all laws on calls, texts, and emails, including the TCPA, CAN-SPAM, and Do Not Call rules.
- Keep each referral's personal information private and use it only to help them buy or sell a home.
- Not resell, share, or pass any referral to another agent without our written permission.
7. Prohibited activities
You may not use the Services to:
- Give false information, impersonate anyone, or commit fraud.
- Send spam, robocalls, or messages to people who have not agreed to receive them.
- Copy, scrape, resell, or redistribute our website, materials, or referral data.
- Upload malware or interfere with how our website or systems work.
- Avoid referral fees by hiding the status of a transaction.
- Discriminate against any person in violation of fair housing laws.
If you break these Terms, we may suspend or end your access to the Services, keep any fees already earned, and take other action allowed by law.
8. Website content and sample referrals
Referral cards, names, zip codes, prices, and appointments shown as samples on our website are illustrations of the kind of referral details you receive. They do not describe real people or real transactions. Photos and illustrations are for decoration only and do not show properties connected to a specific referral.
9. Intellectual property
Our name, logo, website design, text, graphics, software, campaigns, and processes belong to SetSail Referrals or our licensors. We give you a limited, personal, non-transferable right to use them only as needed to use the Services. You may not copy, change, sell, or reverse engineer any part of them without our written permission.
10. Third-party services
We use outside providers such as payment processors, hosting companies, phone and text carriers, CRM tools, and advertising platforms. We are not responsible for outages, delays, or changes caused by these providers.
11. Disclaimers and limitation of liability
The Services are provided "as is" and "as available." To the fullest extent allowed by law, we make no warranties of any kind beyond those written in these Terms. SetSail Referrals will not be liable for indirect, incidental, special, or consequential damages, including lost profits, lost commissions, or lost data. Our total liability for any claim related to the Services will not exceed the amount you paid us for your plan in the twelve (12) months before the claim.
12. Termination
You may stop using the Services at any time as described in our Cancellation Policy. We may suspend or end your access if you break these Terms, fail to pay amounts due, or misuse referrals. Sections about referral fees, intellectual property, and limitation of liability continue to apply after termination.
13. Changes to these terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date above and, for important changes, let active customers know by email. Continuing to use the Services after an update means you accept the updated Terms.
14. Governing law
These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Oklahoma County, Oklahoma.
15. Contact information
If you have questions about this policy, please contact us:
