Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Fncher platform, website (fncher.com), mobile interfaces, and related services (collectively, the “Service”) operated by FINCHER INC, a Delaware C-corporation (“Fncher,” “we,” “us,” or “our”).

By creating an account, accessing the Service, submitting information, or using any feature of the platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Important: Fncher is currently in beta. Features, pricing, and functionality may change. We will make reasonable efforts to notify users of material changes.

1. Eligibility

To use the Service you must:

• Be at least 18 years of age;
• Be a licensed real estate agent or broker in good standing in the United States; and
• Have the legal capacity to enter into a binding agreement.

By using the Service you represent and warrant that you meet these requirements. We may request proof of licensure at any time and may suspend or terminate accounts that fail to meet eligibility requirements.

2. Account Types & Registration

2.1 Agents

Agents create an account and join a brokerage by entering a valid Brokerage Join Code issued by an approved broker. Once affiliated, agents may post open houses, book open houses, capture leads, submit work reports, purchase credits, subscribe to FncherOne, and (where eligible) cash out earned credits.

2.2 Brokers

Brokers must submit an application that includes professional licensing information and a government-issued ID or broker license image for verification. Applications are reviewed manually. Upon approval, the broker receives a unique Brokerage Join Code. Brokers may view team analytics, manage their join code, hold and disburse Fncher Credits, and purchase brokerage subscription plans.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

3. Brokerage Affiliation & Join Codes

Agents may be affiliated with only one brokerage at a time. Affiliation is established by entering a valid Brokerage Join Code.

Brokers may regenerate their Brokerage Join Code at any time. When a new code is generated, the previous code immediately becomes invalid and can no longer be used by agents to join the brokerage.

Agents may leave a brokerage subject to a 30-day waiting period between join and leave actions. Fncher reserves the right to adjust or revoke affiliations in cases of abuse or policy violations.

4. Open Houses, Bookings & Concurrent Limits

Agents may post and book open houses subject to concurrent limits:

• Standard agents: 1 concurrent open house
• FncherOne agents: up to 4 concurrent open houses
• Brokerage plans: additional concurrent capacity that stacks on top of an agent’s personal limit (see Section 6.2)

Agents may purchase additional concurrent slots using Fncher Credits (currently 350 credits per extra slot). Extra-slot purchases are non-refundable once the open house is booked.

Open houses must be accurately described. Private instructions and emergency contact information are visible only to the confirmed booking agent.

4.1 Automatic Cancellation of Unbooked Open Houses

Any open house that remains unbooked will be automatically cancelled 30 minutes before its scheduled start time. Any promotion credits or extra-slot fees attached to that open house will be automatically refunded to the poster (including restoration of any cashable portion that was spent, where applicable).

4.2 Work Report Requirement & 24-Hour Grace Period

After an open house ends, the booking agent has a 24-hour grace period to submit the work report. If no report is submitted within that 24-hour window, the system will automatically generate a “No Report” entry and will apply one (1) Flag to the booking agent’s account. In that case, any promotion credits attached to the open house may be refunded to the listing agent (poster).

4.3 Automated Reminder Emails

The platform sends the following reminder emails to the booking agent:

• Day-of reminder
• One-hour-before reminder
• Post-event report reminder (if the work report has not been submitted)

5. Fncher Credits

Fncher Credits are a virtual currency used within the Service for promotions, Fncher Coach, Auto Follow-up Emails, extra concurrent slots, badges, and other optional features.

The Service maintains two related balances:

• Total Fncher Credits — the balance shown to you and usable for all platform features;
• Cashable Credits — the portion of your total balance that was earned by completing open houses and that may be withdrawn under Section 5.5.

Purchased credits, subscription credits, broker-disbursed credits, and similar non-earned credits increase your total balance but are not cashable. Only credits awarded for successfully completing an open house (the promotion boost) are added to both your total balance and your cashable balance.

When you spend credits, the platform uses non-cashable credits first. Cashable credits are only reduced after non-cashable credits have been fully used.

Except as expressly stated in these Terms, credits have no cash value outside the cash-out feature, are non-transferable except as permitted (e.g., broker disbursement), and are non-refundable.

5.1 Promotion Credits

When an agent spends credits to promote an open house, 75% of those credits are awarded as a boost to the agent who books and successfully completes the open house (and submits the required work report). That boost is added to both the host’s total credits and cashable credits. The remaining 25% is retained by the platform.

Promotion credits may be refunded only if the open house is deleted while it is still open and unbooked, or if the open house is automatically cancelled under Section 4.1 (or under the no-report path described in Section 4.2). Refunds restore total credits and, where tracked, the corresponding cashable portion that was spent.

5.2 Fncher Coach

Fncher Coach is an optional feature that costs 40 credits once per open house. Once unlocked for a specific open house, it may be used repeatedly for that open house without additional charge.

5.3 Auto Follow-up Emails

Agents may enable Auto Follow-up Emails. When enabled, the platform sends a one-time thank-you email on the agent’s behalf to eligible visitors near two hours after the open house ends. Each email costs 20 credits. Emails are only sent to visitors who indicated they are not already working with a real estate agent.

5.4 Broker Credit Disbursement

Brokers may hold Fncher Credits in their own balance and transfer them to agents within their brokerage, either manually to individual agents or by auto-distributing a total amount evenly across all agents. Once credits are transferred to an agent, they become the agent’s property, count toward the agent’s total (non-cashable) balance, and are subject to the same rules that apply to other non-earned credits. The platform does not reverse, claw back, or refund broker-to-agent credit transfers.

5.5 Cash Out (Payouts)

Eligible agents may convert cashable credits only into U.S. dollars subject to the following rules:

• Eligibility: Only cashable credits earned from completing open houses may be cashed out. Purchased credits, subscription credits, and broker-disbursed credits cannot be cashed out.
• Rate: The current cash-out rate is $0.025 USD per cashable credit. Fncher may change this rate prospectively with notice.
• Minimum: The minimum cash-out is $25.00 (1,000 cashable credits at the current rate).
• Stripe Connect: You must complete Stripe Connect Express onboarding and maintain a valid, payouts-enabled Stripe connected account to receive funds. Bank and identity information is collected and processed by Stripe, not stored in full by Fncher.
• Processing: Cash-outs are initiated as transfers via Stripe. Timing of funds arrival depends on Stripe and your bank. Fncher is not responsible for delays caused by Stripe or financial institutions.
• Limits & abuse prevention: Fncher may apply rate limits, daily caps, cooldowns, or other fraud-prevention measures. We may refuse, reverse, or delay a cash-out if we reasonably suspect fraud, error, Terms violations, or account risk.
• Taxes: You are solely responsible for any taxes arising from cash-outs. Stripe and/or Fncher may collect tax information and issue tax forms (such as Form 1099) as required by law. You agree to provide accurate tax information when requested.
• Finality: Once a cash-out is successfully processed, the corresponding cashable credits and total credits are permanently deducted and the cash-out is non-reversible except as required by law or to correct platform error.

Fncher is not a bank, money transmitter, or financial institution. Cash-out is a platform feature for converting earned promotional value into USD through Stripe.

6. Subscriptions

6.1 Agent FncherOne

Agents may subscribe to FncherOne for expanded concurrent capacity and other benefits (including monthly credits that are non-cashable). Subscriptions are billed monthly through Stripe and may be managed or cancelled via the Stripe Billing Portal. Fees are non-refundable.

6.2 Broker Subscription Plans

Brokers may subscribe to one of the following plans:

• Starter – $99 per month: +2 concurrent open houses per agent + 200 promotion credits per month
• Professional – $229 per month: +4 concurrent open houses per agent + 600 promotion credits per month
• Enterprise – $799 per month: +10 concurrent open houses per agent + 5,000 promotion credits per month

Extra concurrent capacity from broker plans stacks on top of each agent’s personal FncherOne subscription (if any). Monthly promotion credits are deposited into the broker’s credit balance (non-cashable) and may be disbursed to agents at the broker’s discretion. All subscription fees are non-refundable. Subscriptions are managed through the Stripe Billing Portal.

7. Visitor Sign-In & Lead Privacy

Visitors who sign in at an open house provide name, contact information, intent, timeline, and whether they are already working with a real estate agent. This information is shared with the hosting agent so they can follow up.

If a visitor indicates they are already working with a real estate agent, their phone number and email address are hidden from all agents on the platform.

When a guest agent hosts an open house for another agent’s listing, the listing agent receives a copy of the work report, but visitor contact details remain private to the host.

8. Account Discipline & Reputation System

Fncher maintains a strict, fully automated reputation system to protect the quality and integrity of the platform.

Every agent account has a permanent flags counter. Flags are applied automatically by the system under the following conditions:

• Missed Work Reports — If an agent fails to submit a required open house work report within the 24-hour grace period, the system automatically generates a “No Report” entry and applies 1 Flag to the agent’s account.
• Flagged Work Reports — Listing agents may flag a submitted work report for policy violations (inappropriate content, fake or misleading information, unprofessional conduct, spam, etc.). A work report may only be flagged within 7 days of its submission. When 3 unique listing agents flag the same work report, the host agent receives 1 Flag.
• Open House Reports in the Feed — When an open house receives 3 unique reports from different agents, the open house is automatically removed from the feed and the poster receives 1 Flag.

Progressive Penalties

• 1 Flag → System Warning (visible in your notifications)
• 2 Flags → Final Warning (“Last Chance”)
• 3 Flags → 14-day temporary ban
• 4 Flags → 45-day temporary ban
• 5 Flags → 90-day temporary ban
• 6 Flags → Permanent ban

While banned, an agent cannot post open houses, request open houses, cash out, or use other restricted platform features.

Flags may decay: After 90 consecutive days with no new flags (and while not currently banned), the system automatically removes 1 Flag. This gives agents a chance to recover from early mistakes while still allowing repeat offenders to reach a permanent ban.

Flags and bans are applied automatically. Fncher does not manually review every case. Attempts to circumvent the system, submit false reports, or harass other users may result in additional flags or immediate permanent ban.

You may not report your own content. You may not report the same open house or work report more than once. You are limited to five (5) reports per day.

Auto-generated “No Report” entries are marked as Auto Flagged. Listing agents cannot add additional flags to these system-generated entries.

9. User Conduct

You agree that you will not:

• Post false, misleading, incomplete, or fraudulent open houses, reports, or information;
• Harass, spam, or misuse any lead or contact information obtained through the Service;
• Attempt to circumvent concurrent limits, credit systems, cash-out rules, security measures, payment systems, or the reputation system;
• Share account credentials or join codes in a manner that violates these Terms;
• Upload content that is illegal, defamatory, obscene, or infringes the rights of others;
• Use the Service for any purpose that violates applicable real estate, fair housing, or consumer protection laws;
• Attempt to manipulate cashable balances, create artificial open house completions, or otherwise abuse the cash-out system.

We reserve the right to investigate violations and to suspend or permanently terminate accounts that violate these Terms or that we reasonably believe pose a risk to the platform or other users.

10. User-Generated Content

You retain ownership of content you submit (including photos, notes, reports, profile information, and open house details). By submitting content you grant Fncher a non-exclusive, worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display that content solely as necessary to operate, improve, and promote the Service.

You represent that you have all necessary rights to the content you submit and that it does not violate any third-party rights or applicable law.

11. Payments, Taxes & Refunds

All payments and cash-outs are processed by Stripe. You agree to provide accurate billing and (where applicable) tax and payout information. Prices are listed in U.S. dollars and may be subject to applicable sales tax, which will be calculated and collected when required.

All purchases of credits, extra concurrent slots, badges, and subscriptions are final and non-refundable except where required by applicable law or expressly stated in these Terms. Limited refunds of promotion credits (and related cashable restoration where applicable) may be available only while an open house remains open and unbooked, when an open house is automatically cancelled under Section 4.1, or under the no-report path described in Section 4.2.

Cash-outs are subject to Section 5.5. You are solely responsible for reporting and paying any taxes on amounts you receive.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FNCHER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Fncher is a technology platform that facilitates connections between real estate agents. We are not a real estate brokerage, do not provide real estate brokerage services, do not guarantee any leads, results, income, or outcomes, and do not endorse any particular agent or brokerage. You are solely responsible for compliance with all applicable real estate licensing laws, fair housing laws, tax laws, and professional obligations.

Cash-out availability, rates, and timing depend on Stripe, your connected account status, and platform rules. Fncher does not guarantee that any particular cash-out will succeed or that funds will arrive by a specific date.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FNCHER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO FNCHER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Fncher and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your content, your cash-outs, your tax obligations, your violation of these Terms, or your violation of any applicable law or third-party right.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease. Uncashed credits may be forfeited upon permanent termination for cause. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and indemnification) will survive.

16. Changes to These Terms

We may modify these Terms at any time. The updated version will be posted on this page with a revised “Last Updated” date. Material changes will be communicated via email or in-app notice when reasonably practicable. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.

17. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

18. Contact

Questions about these Terms may be sent to:

Email: contactfncher@gmail.com
Company: FINCHER INC

This email is for questions about these Terms only. We are a small team and response times may vary. This is not a customer support channel.

By using Fncher, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.