Terms of Service
Last Updated: February 7, 2026
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY.
1. Acceptance of Terms
TGB Holdings Inc. (dba "Team Growth Brokerage," "Company," "we," or "us") provides a Real Estate Operating System, Fintech tools, and Brokerage Services (collectively, the "Platform") via our website teamgrowthbrokerage.com and associated applications.
By accessing the Platform, creating an account, or signing a Service Agreement, you ("User," "Team Leader," or "Agent") agree to be bound by these Terms. If you do not agree, you must immediately stop using the Platform.
2. The Relationship: Brokerage-as-a-Service (BaaS)
Unlike traditional brokerages, TGB operates primarily as a Technology Platform Provider.
- Independent Contractor Status: You acknowledge that you are an Independent Contractor, not an employee of TGB. Nothing in these Terms creates a partnership, joint venture, or employment relationship. You are responsible for your own taxes, withholdings, and business expenses.
- The Team Leader as CEO: You acknowledge that TGB provides the infrastructure (License, Banking, Compliance), but you retain sole ownership of your brand, your leads, and your business operations.
3. Account Eligibility & Security
- Licensure: You represent that you hold a valid, active Real Estate License in your jurisdiction. You must immediately notify us if your license is suspended, revoked, or expires.
- Credentials: You are responsible for maintaining the confidentiality of your TGB Hub login. Any action taken under your credentials (e.g., approving a commission disbursement) is legally binding on you.
4. SaaS Subscription & Billing
A. Subscription Fees
Access to the TGB Platform is governed by your selected Plan (e.g., "Momentum," "Squad," "Scale"). You agree to pay the Recurring Subscription Fees associated with your Plan level.
- Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle (Monthly or Annual) unless canceled in writing 30 days prior.
- Seat Limits: Plans are priced based on "Agent Seats." If you add agents beyond your Plan's limit, you agree that we may automatically upgrade your Plan and bill the difference to your file.
B. Transaction Fees
In addition to SaaS fees, you agree to pay the Transaction Efficiency Fees as outlined in your Independent Contractor Agreement (ICA). These fees are deducted automatically from commission proceeds via the Closing/Title Company.
C. No Refunds
All SaaS fees are non-refundable. There are no refunds for partial months of service or unused "Seats."
D. Payment Failure
If your credit card on file fails, we reserve the right to: (i) Suspend your access to the Platform; (ii) Withhold pending commission disbursements until the balance is paid; and (iii) Terminate this Agreement.
5. Financial Products & Rewards Programs
A. Momentum Vault Credits
"Vault Credits" are promotional loyalty rewards, not cash. They have no cash value until they are vested and redeemed according to Company policy.
- Forfeiture: If your TGB account is terminated for any reason (voluntary or involuntary) before the Vesting Date, all unredeemed Vault Credits are immediately forfeited.
- Non-Transferable: Credits cannot be transferred to another brokerage or agent.
B. Channel Partner Program (CPP)
The CPP is a SaaS Reseller Program.
- Active Status Requirement: To receive CPP recurring commissions, you must maintain an Active TGB Subscription in good standing.
- Termination: If you cancel your subscription or transfer your license to another brokerage, your right to receive future CPP payments terminates immediately. You cannot "vest" into a lifetime income stream while competing against TGB.
C. Fee Arbitrage (RevCapture)
You acknowledge that TGB charges a wholesale Platform Fee. Any additional fees you charge to your agents or clients (e.g., "Admin Fee," "Tech Fee") are your sole responsibility to disclose in compliance with RESPA and state laws. TGB acts solely as the payment processor for these fees.
6. Artificial Intelligence (AI) Disclaimers
A. No Legal Advice
Our AI tools (Compliance Agents, Contract Parsers) are designed to assist with workflow, not to provide legal advice. An AI "Approval" on a file does not constitute a guarantee that the file is legally perfect.
- Verification: You are solely responsible for reviewing all contracts, addendums, and AI outputs for accuracy before submission.
B. AI Hallucinations
You acknowledge that Large Language Models (LLMs) may occasionally generate incorrect or "hallucinated" data. TGB is not liable for errors in commission calculations or contract drafting generated by AI tools.
7. Electronic Signatures (E-SIGN Consent)
By using the Platform, you consent to transact business electronically. You agree that your electronic signature (or the click of an "Approve" button) on the TGB Hub is the legal equivalent of your manual signature.
8. Intellectual Property & Data Ownership
- Your Data: You retain ownership of your customer lists (CRM data) and transaction history ("Your Data"). You grant TGB a license to host and process Your Data to provide the Services.
- Our Tech: TGB retains all rights to the Platform code, the "CompBuilder" logic, the "RevCapture" methodology, and all benchmarking data (anonymized). You may not reverse engineer or copy our SaaS workflows.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: TGB HOLDINGS INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
- Cap on Liability: Our total liability for any claim arising out of these terms shall not exceed the amount you paid us in the past 12 months.
- Banking Delays: We are not liable for delays in Real-Time Payments (RTP) caused by third-party banking networks or the Federal Reserve.
10. Indemnification
You agree to defend and indemnify TGB against any claims arising from: (i) Your violation of Real Estate Laws (e.g., Fair Housing, RESPA); (ii) Your breach of these Terms; or (iii) Any disputes between you and your team members regarding commission splits.
11. Dispute Resolution: Arbitration & Class Action Waiver
Binding Arbitration: Any dispute arising under these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
- Venue: Arbitration shall take place in Chelan County, Washington (or virtually if agreed).
- Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in a class action lawsuit against TGB.
12. Governing Law
These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws principles.
13. SMS Messaging & Communications
1. SMS Use Cases & Description
By providing your phone number and opting in, you agree to receive recurring automated and manual text messages from TGB Holdings Inc. These include, but are not limited to, transaction updates (e.g., "Deal Closed" notifications), compliance alerts, Platform maintenance notifications, and RevCapture business analytics.
2. Opt-Out Instructions
You can cancel the SMS service at any time. Just text "STOP" to the short code or long code from which you received the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
3. Message & Data Rates
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on your interaction with the Platform. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
4. Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages. TGB Holdings Inc. is not responsible for delays in Real-Time notification deliveries caused by third-party cellular networks.
5. Age Restriction (18+)
By opting into SMS messaging or using the Platform, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not authorized to use the Platform or its messaging services.
Contact Us
TGB Holdings Inc.
7 N Wenatchee Ave. Suite 300
Wenatchee, WA 98801
support@teamgrowthbrokerage.com
