Billing Terms of Service

TERMS OF SERVICE

Last Updated: February 5, 2026

These Terms of Service ("Terms") constitute a binding legal agreement between TRIBUS, LLC dba Solid Earth ("Company," "we," "us," or "our") and the entity or individual ("Client," "User," "you," or "your") accessing or using our software-as-a-service platform designed for Associations, Brokerages, and Multiple Listing Services ("MLS") billing and member management (the "Service"). Collectively the Company and User shall be known as the "Parties."

By registering for, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

The Service is a cloud-based billing and management platform designed to assist MLS organizations in invoicing, tracking, and collecting payments from their real estate agent and broker members ("Members").

2. Account Registration and Security

To use the Service, you must register for an account and accept the system Terms of Services available at https://solidearth.com/ezement-terms-of-service. You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Collection of Financial Information

Please read this section carefully.In order to facilitate billing and payment processing for your Members, the Service requires the collection, storage, and processing of sensitive financial information.

  • Data Collected: You acknowledge and agree that in the course of using the Service, we, or a company we elect, will collect, process, and potentially store sensitive financial data belonging to you. This includes, but is not limited to:
    • Credit card numbers, expiration dates, and CVV codes.
    • Bank account routing and account numbers (ACH data).
    • Billing addresses and associated contact information.
  • Authorization: You represent and warrant that you have obtained all necessary consents and authorizations from your Members to input their financial data into our Service for the purpose of billing and payment collection. 

4. Fees and Payment

  • Service Fees: You agree to pay the fees for the Service as set forth in your specific Order Form or Subscription Agreement.
  • Taxes: You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities.
  • Non-Refundable: Unless otherwise stated in writing on any order page, all fees paid are non-refundable.

5. Data Security and Acknowledgement of Risk

We utilize industry-standard technical and organizational measures designed to secure the information stored on our servers (e.g., encryption, firewalls, and secure socket layer technology).

However, by using the Service, you expressly acknowledge that:

  1. No method of transmission over the Internet or method of electronic storage is 100% secure.
  2. We cannot guarantee absolute security of your data.
  3. You are voluntarily providing sensitive financial information with full knowledge of these inherent risks.

6. Limitation of Liability and Hold Harmless

This section limits our liability to you. Please read it closely.

To the fullest extent permitted by applicable law, in no event shall TRIBUS, LLC dba Solid Earth, its affiliates, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.

Specific Waiver Regarding Data Exposure:You explicitly agree that TRIBUS, LLC dba Solid Earth shall not be liable for any damages, losses, or claims arising out of or relating to:

  • Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
  • Any data breach, hacking incident, or cyber-attack resulting in the exposure of your or your Members' credit card information, bank account details, or personal identity information.

Indemnification and Hold Harmless:You agree to defend, indemnify, and hold harmless TRIBUS, LLC dba Solid Earth and its licensors and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

  1. Your violation of any term of these Terms.
  2. Any claim that your use of the Service caused damage to a third party (including your Members).
  3. Any unauthorized access to or disclosure of your your financial or personal data, regardless of the cause.

7. Third-Party Payment Processors

We may use third-party payment processors (e.g., Stripe, PayPal, Authorize.net) to process financial transactions. We do not control the security protocols of these third parties. By using the Service, you agree to be bound by the terms and conditions and privacy policies of these third-party providers. We are not responsible for any errors or security breaches attributable to third-party processors.

8. Intellectual Property

The Service, including its "look and feel" (e.g., text, graphics, images, logos, and button icons), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that TRIBUS, LLC dba Solid Earth and/or its licensors own all right, title, and interest in and to the Service.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

10. Governing Law and Arbitration

These Terms shall be governed and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions.

You acknowledge that it will not agree to do any business with Company (Tribus LLC d/b/a Solid Earth) whatsoever unless both you agree to arbitrate any dispute with Company; User will not, under any circumstances, agree to litigate any claims involving Company. Specifically, the parties jointly agree to arbitrate all claims of any kind, whether or not those claims arise from or in connection with this Agreement. The parties agree that any such arbitration proceeding must exclusively occur at the JAMS office at 190 Carondelet Plaza, Suite 1100, Clayton, Missouri 63105. The Parties agree that a single arbitrator will decide the dispute; the Parties must either agree on one of the arbitrators listed on the JAMS St. Louis website at https://www.jamsadr.com/stlouis#neutrals. If the Parties cannot agree on an arbitrator, they agree to use the arbitrator whose last name is last, alphabetically, in the listing of available arbitrators at the JAMS St. Louis website listed above, whoever that may be. If a dispute between the Parties is not subject to arbitration, the parties agree that the dispute must be resolved exclusively in the Circuit Court for St. Charles County, Missouri, and the Parties submit to the personal jurisdiction of this Court for the purpose of litigating any such claim. The Parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ARBITRATION AND ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated according to the limitations of this Agreement, then only that claim (or only that request for relief) may be brought in court. All other claims will remain subject to this section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing at the addresses set forth for the Parties in this Agreement. The arbitration will be governed by the JAMS Comprehensive Rules 1 through 30 available at https://www.jamsadr.com/rules-comprehensive-arbitration/. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS Rules. All claims between the parties, whether subject to arbitration or not, will be governed by Missouri law.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.