Terms of Service

By accessing or using the NestMatcher website, platform, or any associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and NestMatcher LLC ("NestMatcher," "we," "us," or "our"). By creating an account, submitting listing or buying criteria, or otherwise using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2.1 Platform Status

NestMatcher is a technology platform that facilitates direct connections between home buyers and home sellers. NestMatcher is not a licensed real estate broker, real estate agent, real estate salesperson, mortgage broker, lender, attorney, financial advisor, or any other licensed professional. NestMatcher does not hold a real estate license in any state and does not engage in any activity that requires a real estate license.

2.2 No Representation

NestMatcher does not represent, act on behalf of, or owe fiduciary duties to any buyer, seller, or other user of the Services. NestMatcher is not your agent. NestMatcher does not represent your interests in any transaction. Any connection made through NestMatcher is between the buyer and seller directly, and NestMatcher is not a party to any transaction, agreement, negotiation, or communication between users.

2.3 No Negotiation

NestMatcher does not negotiate, facilitate negotiation, advise on negotiation, or participate in any negotiation between buyers and sellers. All negotiations, offers, counteroffers, and transaction terms are handled exclusively between the buyer and seller without any involvement from NestMatcher.

2.4 No Legal or Financial Advice

Nothing on the NestMatcher platform, including educational content, match notifications, or any communication from NestMatcher, constitutes legal, financial, tax, or real estate advice. You should consult a licensed attorney, financial advisor, or real estate professional for advice specific to your situation.

2.5 No Guarantee of Transaction

NestMatcher does not guarantee that any match will result in a transaction, that any listing or buyer profile is accurate, or that any user will respond to a match. NestMatcher makes no representations about the quality, condition, value, or suitability of any property listed on the platform.

2.6 User-Generated Content and Platform Immunity

NestMatcher is an interactive computer service as defined by 47 U.S.C. § 230(f)(2). All listing criteria, buying criteria, and other information submitted through the platform is user-generated content created exclusively by users. NestMatcher is not the author, editor, developer, or publisher of any user-submitted content and does not exercise editorial control over user submissions. NestMatcher does not review, verify, or endorse any user-submitted content before it is entered into the matching system. To the fullest extent permitted by 47 U.S.C. § 230, NestMatcher shall not be treated as the publisher or speaker of any user-provided information and shall not be liable for any claim arising from user-submitted content.

To use the Services you must:

• Be at least 18 years of age
• Be a resident of New York, New Jersey, or Florida, or be seeking to buy or sell property in one of those states
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under any applicable law
• Provide accurate and truthful information when creating your account and submitting criteria

By using the Services you represent and warrant that all of the above conditions are met.

4.1 Registration

To access the full Services you must create an account. You may register using your email address and a password, or through a supported third-party social login service such as Google. By using a third-party login you authorize NestMatcher to access certain information from that service as permitted by your privacy settings on that service.

4.2 Accuracy of Information

You agree to provide accurate, current, and complete information when creating your account and at all times thereafter. You agree to promptly update your information if it changes. NestMatcher reserves the right to suspend or terminate accounts where information is found to be inaccurate, false, or misleading.

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify NestMatcher immediately at hello@nestmatcher.com if you become aware of any unauthorized use of your account. NestMatcher is not liable for any loss or damage arising from your failure to maintain account security.

4.4 One Account Per User

Each user may maintain only one active account. Creating multiple accounts is prohibited and may result in termination of all associated accounts.

At the time of account creation, you are required to separately and affirmatively consent to each of the following by checking the corresponding checkbox:

• These Terms of Service
• The NestMatcher Privacy Policy
• The collection and processing of your identity document and biometric data for identity verification purposes as described in Section 9 of these Terms

Each consent is separately required. You may not proceed with account creation unless all three consents are given.

6.1 Listing Fee

Sellers pay a one-time flat fee of $100 to submit property criteria and have that criteria entered into the NestMatcher matching system. This fee is non-refundable once payment is processed and the listing is activated in the system.

6.2 Seller Responsibilities

As a seller you represent and warrant that:

• You are the legal owner of the property or are otherwise authorized to list the property
• All information you submit is accurate, complete, and not misleading
• You will promptly update your criteria if your property status, asking price, or other material information changes
• You will promptly notify NestMatcher if your property is sold, under contract, or otherwise no longer available by marking it as sold in your dashboard
• You comply with all applicable federal, state, and local laws governing the sale of real property, including disclosure requirements

6.3 Seller Disclosure Obligations

You acknowledge that sellers of residential real property in New York, New Jersey, and Florida are subject to specific statutory disclosure obligations regarding the condition of the property. In New York, sellers must provide a Property Condition Disclosure Statement or a $500 credit to the buyer in lieu thereof. In New Jersey, sellers must provide a Seller's Property Condition Disclosure Statement. In Florida, sellers have an obligation to disclose known material defects that are not readily observable under the standard established by Johnson v. Davis. Compliance with all disclosure obligations is solely the seller's responsibility. NestMatcher does not provide disclosure forms, advise on disclosure obligations, or bear any responsibility for any seller's failure to comply with applicable disclosure laws. You are strongly encouraged to consult a licensed real estate attorney in your state before listing your property.

6.4 No MLS Access

NestMatcher does not list properties on any Multiple Listing Service (MLS). The $100 fee covers criteria submission and matching only. If you wish to list your property on the MLS you must engage a separate licensed service.

6.5 Listing Activity

Seller listings remain active indefinitely but are subject to a 90-day activity confirmation system. Every 90 days NestMatcher will send you an email asking you to confirm your listing is still active. If you do not respond within 14 days your listing will be paused automatically. You may reactivate a paused listing at any time from your dashboard at no additional charge.

7.1 No Fee

Buyers may submit buying criteria and receive match notifications at no charge.

7.2 Buyer Responsibilities

As a buyer you represent and warrant that:

• All criteria you submit are genuine and reflect a real interest in purchasing property
• You will promptly update your profile if your buying criteria, budget, or status changes
• You will mark your profile as no longer active if you are no longer seeking to purchase property
• You comply with all applicable laws in connection with any property purchase

8.1 How Matching Works

NestMatcher's matching system compares seller listing criteria against buyer profile criteria using an automated algorithm. When criteria overlap sufficiently, both the buyer and the seller are notified by email. The match notification contains a summary of the other party's submitted criteria.

8.2 Algorithm Neutrality and Fair Housing Compliance

NestMatcher's matching algorithm does not use, consider, or have access to any information about the race, color, national origin, religion, sex, familial status, disability, or any other characteristic protected under the Fair Housing Act (42 U.S.C. § 3601 et seq.), the Americans with Disabilities Act, or any applicable state or local fair housing law. The community proximity fields on the platform are optional, user-submitted fields that describe geographic proximity to community institutions — they do not restrict access to the platform or to any match based on any protected characteristic. All users of the platform have equal access to the matching system regardless of any protected characteristic. NestMatcher is committed to full compliance with all applicable fair housing laws and prohibits any use of the platform to facilitate unlawful housing discrimination.

8.3 Match Accuracy

NestMatcher does not verify the accuracy of any criteria submitted by buyers or sellers. A match notification means only that submitted criteria overlapped algorithmically — it does not represent NestMatcher's endorsement, recommendation, or assessment of any property, buyer, or seller. Users are solely responsible for conducting their own due diligence.

8.4 No Guarantee of Matches

NestMatcher does not guarantee that any user will receive matches, that matches will result in contact, or that contact will result in a transaction.

8.5 Match Disclaimer

Every match notification states clearly: NestMatcher is a technology platform. This match is based solely on criteria submitted by each user. NestMatcher does not verify the accuracy of submitted information and makes no representations about any property, buyer, or seller.

9.1 Verification Requirement

Before either party may view the other party's contact details following a match, both parties must complete identity verification through NestMatcher's third-party identity verification provider, Stripe Identity.

9.2 What Verification Involves

Identity verification requires you to submit a government-issued photo identification document. The verification process may also involve biometric data processing including facial recognition technology operated by Stripe Identity. By proceeding with verification you consent to this process.

9.3 What Verification Does and Does Not Mean

Verification confirms that a user has presented a valid government-issued identification document at the time of verification. Verification does not guarantee the accuracy of any other information submitted by a user. Verification does not guarantee the safety, honesty, trustworthiness, intentions, or conduct of any user. Verification does not constitute an endorsement or recommendation of any user by NestMatcher.

9.4 Biometric Data

Biometric data collected in connection with identity verification is processed exclusively by Stripe Identity and is subject to Stripe's privacy policy and data retention practices. NestMatcher does not independently store biometric data on its own servers. Biometric data held by Stripe Identity is deleted within 90 days of collection or upon account deletion, whichever is earlier, in accordance with Stripe Identity's data retention policy. NestMatcher does not sell, share, or monetize your biometric data for any purpose.

9.5 Verification Failure

If your identity cannot be verified you will not be able to access match contact details. NestMatcher is not responsible for verification failures caused by technical issues, document quality, or other factors outside NestMatcher's control.

You agree not to use the Services to:

• Submit false, misleading, or fraudulent listing or buying criteria
• Impersonate any person or entity
• Harass, threaten, intimidate, or harm any other user
• Engage in any unlawful discrimination in connection with the purchase or sale of property, including any violation of the Fair Housing Act or any applicable state or local fair housing law
• Solicit other users for real estate brokerage services or any other commercial purpose not expressly permitted by these Terms
• Scrape, copy, or reproduce any content from the platform
• Attempt to gain unauthorized access to any part of the platform or its systems
• Use the platform for any purpose other than genuinely buying or selling residential real property in New York, New Jersey, or Florida
• Engage in any conduct that could damage, disable, or impair the platform or interfere with any other user's use of the platform

NestMatcher reserves the right to suspend or terminate any account that violates these Terms, at NestMatcher's sole discretion and without prior notice.

11.1 Platform Role Ends at Contact Unlock

NestMatcher's role is limited to facilitating introductions between verified users. Once contact details are shared, all further communication, negotiation, and interaction between users occurs entirely outside NestMatcher's platform and without NestMatcher's involvement.

11.2 Users Interact at Their Own Risk and Consent

All interactions between matched users — including but not limited to phone calls, emails, text messages, video calls, and in-person meetings — occur entirely at the users' own voluntary consent and discretion. NestMatcher has no control over, and no responsibility for, any interaction between users after contact details are exchanged.

11.3 No Liability for User Interactions

11.4 Safety Recommendations

NestMatcher provides safety recommendations as a courtesy to users. These recommendations do not create any duty of care, guarantee of safety, or legal obligation on the part of NestMatcher. Safety recommendations include but are not limited to: meeting in daylight, bringing a trusted person to any in-person showing, conducting a phone or video call before meeting in person, and trusting your instincts. These recommendations are provided for informational purposes only.

11.5 User Assumption of Risk

By using NestMatcher and interacting with other users, you expressly assume all risk associated with those interactions. You acknowledge that identity verification reduces but does not eliminate risk, and that NestMatcher cannot guarantee the conduct or intentions of any verified user.

11.6 Wire Fraud Warning

Real estate transactions are a frequent target of wire fraud. NestMatcher will never send you wire transfer instructions by email. NestMatcher does not handle, transmit, hold, or direct any funds in connection with any transaction. If you receive any communication — including any communication appearing to come from NestMatcher, your attorney, a title company, or any other party — directing you to wire funds to any account, you must verify those instructions by calling a verified phone number before sending any funds. NestMatcher bears no responsibility for any funds lost to wire fraud in connection with any transaction facilitated through the platform.

11.7 Indemnification

You agree to indemnify, defend, and hold harmless NestMatcher LLC and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Services; your interaction with any other user; your submission of listing or buying criteria; any transaction you enter into as a result of using the Services; your violation of these Terms; or your violation of any applicable law or the rights of any third party.

12.1 Independent Providers

NestMatcher may display a directory of independent third-party service providers including but not limited to real estate attorneys, home inspectors, mortgage brokers, title companies, appraisers, photographers, and stagers. These providers are independent advertisers who have chosen to be listed on the platform.

12.2 Licensure Verification and Disclaimer

NestMatcher requires all licensed professionals listed in the Professional Directory to provide proof of current professional licensure as a condition of advertising. NestMatcher verifies that submitted licensure documentation appears valid at the time of listing. However, NestMatcher does not continuously monitor license status, does not verify the quality of any provider's work, does not conduct background checks, does not investigate complaints or disciplinary history, and does not endorse or recommend any listed provider. The "License Verified" badge displayed on provider listings indicates only that the provider submitted licensure documentation that appeared valid at the time of listing. It does not constitute an endorsement, guarantee, or recommendation of any kind. Photographers, stagers, and other non-licensed providers listed in the directory have submitted professional credentials or portfolio materials reviewed by NestMatcher. The "Credentials Reviewed" badge indicates only that credentials were submitted and reviewed. It does not constitute an endorsement or guarantee.

12.3 No Liability for Provider Services

NestMatcher bears no responsibility for any services performed or not performed by any listed provider. Any engagement with a listed provider is solely between you and that provider. NestMatcher is not a party to any agreement between you and a listed provider and has no liability for the outcome of any such engagement.

12.4 Advertising Fees

Listed providers may pay NestMatcher a flat advertising fee to appear in the directory. These fees are not tied to any transaction or referral and do not influence the matching algorithm in any way.

All educational content on the NestMatcher platform, including articles, posts, videos, guides, and any other informational material, is provided for general informational purposes only. Educational content does not constitute legal, financial, tax, or real estate advice. Educational content is general in nature and does not address the specific circumstances of any individual user or transaction. NestMatcher makes no representations about the accuracy, completeness, or timeliness of any educational content. You should always consult a qualified licensed professional for advice specific to your situation before making any real estate, legal, or financial decision.

All content on the NestMatcher platform, including the NestMatcher name, logo, design, text, graphics, and software, is the property of NestMatcher LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any NestMatcher content without express written permission. You retain ownership of any criteria or content you submit to the platform but grant NestMatcher a non-exclusive license to use that content for the purpose of operating the matching system and providing the Services.

15.1 Services Provided As-Is

15.2 No Guarantee of Availability

NestMatcher does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. NestMatcher may modify, suspend, or discontinue the Services at any time without notice.

15.3 Limitation of Liability

16.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. You waive your right to a jury trial and your right to participate in any class action or representative proceeding.

16.2 Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis only and not as a class, consolidated, or representative action. If this class action waiver is found unenforceable, the entirety of this arbitration provision shall be void.

16.3 Exceptions

Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Small claims court actions that qualify may be brought in small claims court instead of arbitration.

16.4 Governing Law

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. To the extent court proceedings are permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

NestMatcher reserves the right to modify these Terms at any time. When we make material changes we will notify you by email or by posting a notice on the platform. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms you must stop using the Services.

NestMatcher may suspend or terminate your account and access to the Services at any time and for any reason, including violation of these Terms, without prior notice and without liability. Upon termination you lose access to the platform but your submitted data is handled in accordance with the Privacy Policy. You may delete your account at any time by contacting hello@nestmatcher.com.

NestMatcher does not knowingly collect personal information from individuals under the age of 18. The Services are intended solely for users who are 18 years of age or older. If we become aware that a user under 18 has created an account, we will immediately terminate that account and delete all associated data. If you believe a minor has created an account on the platform, please contact us immediately at hello@nestmatcher.com.

By creating an account and providing your email address, you consent to receive transactional emails from NestMatcher including account confirmation emails, match notifications, activity check emails, and contact unlock notifications. These communications are necessary to provide the Services. You may not opt out of transactional emails without deleting your account. NestMatcher does not send promotional or marketing emails without separate consent. NestMatcher complies with the CAN-SPAM Act and all applicable email communication laws. To report unwanted communications contact hello@nestmatcher.com.

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and NestMatcher regarding the Services and supersede all prior agreements.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

No Waiver: NestMatcher's failure to enforce any provision does not constitute a waiver of that provision.

Assignment: You may not assign your rights under these Terms without NestMatcher's prior written consent. NestMatcher may assign its rights freely.

Contact: NestMatcher LLC | hello@nestmatcher.com