Terms of Service

Last updated: June 26, 2026

These Terms of Service (“Terms”) govern your access to and use of SplitKey, a commission-management platform for real-estate brokerages (the “Service”). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a brokerage, you represent that you are authorized to bind that organization.

1. The Service

SplitKey lets brokerages calculate commission splits, manage deals and approvals, run reports, give agents a portal, and prepare year-end 1099 totals. We may add, change, or remove features over time to improve the Service.

2. Accounts and eligibility

3. Acceptable use

You agree not to:

4. Your data

As between you and SplitKey, you own the data you submit to the Service (“Customer Data”). You grant us a limited license to host, process, and display Customer Data solely to provide and improve the Service and as described in our Privacy Policy. You are responsible for the lawfulness of the data you submit, including any taxpayer information you collect from your agents.

5. Fees

Access to the Service is provided on the plan and pricing agreed with your brokerage. Fees are due as agreed and, unless stated otherwise, are non-refundable. We may change pricing on a going-forward basis with reasonable notice.

6. Confidentiality and security

We treat Customer Data as confidential and apply technical and organizational safeguards designed to protect it, including encryption and per-brokerage data isolation. You agree to protect any non-public information about the Service that you access.

7. Service availability

We work to keep the Service available and reliable but do not guarantee uninterrupted access. We may perform maintenance, and the Service may occasionally be unavailable. We are not responsible for outages caused by third-party providers or events beyond our reasonable control.

8. Disclaimers

The Service is provided “as is” and “as available.” SplitKey assists with commission calculations and 1099 preparation but does not provide tax, legal, accounting, or financial advice. You are responsible for verifying outputs and for your own tax and regulatory compliance. To the fullest extent permitted by law, we disclaim all warranties not expressly stated in these Terms.

9. Limitation of liability

To the fullest extent permitted by law, SplitKey will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to the Service will not exceed the amounts you paid for the Service in the twelve months before the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold SplitKey harmless from claims, damages, and expenses arising from your Customer Data, your use of the Service, or your violation of these Terms.

11. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or to protect the Service or its users. On termination, your right to use the Service ends; we will make Customer Data available for export for a reasonable period unless prohibited by law.

12. Governing law

These Terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the date above and, where appropriate, provide additional notice. Continued use of the Service means you accept the updated Terms.

14. Contact us

Questions about these Terms? Email jay@topagentmi.com.