Terms and Conditions of Use

1. General information

These Terms and Conditions of Use (hereinafter, "the Terms") govern access to and use of the digital platform oquarto.com (hereinafter, "the Platform"), owned by OQUARTO IBERIA, SOCIEDAD LIMITADA.

2. Acceptance of the Terms

Accessing and using the Platform implies full and unreserved acceptance of all the Terms set out in this document. If you do not agree with any of these conditions, you must refrain from using the Platform.

These Terms supplement, and must be read together with:

• Legal Notice
• Privacy Policy
• Cookie Policy

3. Description of the service

3.1. Nature of the Platform

Oquarto is a software as a service (SaaS) platform for real estate agencies which provides:

• Artificial intelligence agents that respond to and qualify leads via WhatsApp Business, email and voice
• Property sourcing from off-market and portal sources
• CRM for the management of leads, contacts and the sales pipeline
• Lead capture forms and pages (landing pages) for the agency
• Communication and automation tools for contact with clients and contacts

3.2. Oquarto's role

4. Types of users

4.1. Client agency

Companies or professionals in the real estate sector that contract the Platform in order to:

• Activate AI agents that attend to and qualify their leads
• Source properties and manage their portfolio
• Manage leads, contacts and pipeline in the CRM
• Communicate with their contacts via WhatsApp, email and voice

The client agency acts as data controller of the personal data of its leads and contacts, in accordance with Annex I to these Terms.

4.2. Agency users

Members of the agency's team with access to the account who:

• Use the CRM and the tools of the Platform
• Configure and supervise the AI agents
• Manage communications with leads and contacts
• Keep the account information up to date

4.3. Leads and contacts

Individuals whose data the agency manages through the Platform (prospective clients, owners, buyers, tenants and other contact persons). They are not users of the Platform, but data subjects whose data the agency processes as controller. The agency must:

• Be duly registered in accordance with the applicable regional regulations
• Have a valid legal basis for processing its leads' data
• Comply with the specific legal obligations of its activity

5. Registration and user account

5.1. Registration requirements

In order to use certain features it is necessary to:

• Be at least 14 years old (in accordance with the LOPDGDD, the Spanish data protection act)
• Provide truthful and up-to-date information
• Accept these Terms and the Privacy Policy
• Keep credentials confidential

5.2. User responsibilities

The user undertakes to:

• Provide accurate and up-to-date information
• Keep their access credentials secure
• Report any unauthorised use of their account
• Update their information when necessary

5.3. Suspension and cancellation

Oquarto reserves the right to:

• Suspend accounts for breach of the Terms
• Cancel accounts that infringe legal provisions
• Request additional verification where necessary

6. Use of the Platform

6.1. Permitted uses

The Platform may be used for:

• Legitimate management of the agency's leads and contacts
• Use of the AI agents, the CRM and the sourcing tools in accordance with their purpose
• Communication with clients and contacts within the scope of the agency's real estate activity
• Processing of data on a valid legal basis and in accordance with the applicable regulations

6.2. Prohibited uses

The following are expressly prohibited:

• Publishing false or misleading information
• Using the Platform for illegal activities
• Harassing or disturbing other users
• Attempting to access third-party accounts
• Reverse engineering the Platform
• Sending spam or unsolicited bulk communications
• Publishing defamatory, obscene or inappropriate content
• Infringing intellectual or industrial property rights

7. Publication and management of properties

7.1. Property requirements

Properties published or managed by the agency through the Platform (pages, forms and CRM) must:

• Correspond to real and available properties
• Include truthful and up-to-date information
• Contain photographs owned by the agency or duly authorised
• Clearly state the price and conditions
• Comply with real estate advertising regulations

7.2. Obligations of the agency

The agency undertakes to:

• Keep availability up to date
• Respond reasonably to enquiries
• Remove unavailable properties from the Platform
• Comply with the regulations on real estate brokerage

7.3. Content moderation

Oquarto reserves the right to:

• Review content before publication
• Remove content that breaches these Terms
• Request additional documentation where necessary
• Suspend accounts that publish inappropriate content

8. Communications through the Platform

8.1. Communication channels

The Platform manages the agency's communications with its leads and contacts by means of:

• WhatsApp Business, email and voice calls handled by AI agents
• Internal notification system
• Contact and follow-up tools within the CRM

8.2. Communication rules

In communications it is prohibited to:

• Use offensive or threatening language
• Fraudulently request payments outside the Platform
• Share sensitive personal data without a legal basis
• Carry out spam or unauthorised marketing activities

8.3. Responsibility for communications

Oquarto is not responsible for:

• The content of the communications managed by the agency
• The agreements reached between the agency and its contacts
• The accuracy of the information exchanged
• The consequences of the transactions agreed

8.4. Authentication with Google

Users may choose to register and sign in using their Google account by means of OAuth 2.0.

Linking process:

1. When you choose "Continue with Google", you will be redirected to Google
2. Google will ask you for permission to share your basic information
3. Once you accept, your account on our platform will be created or linked
4. You will be able to sign in with a single click on future visits

Unlinking your Google account:

• You may unlink your Google account from your profile at any time
• After unlinking, you will need to set up a traditional password
• You may also revoke access from your Google account

9. Use of artificial intelligence

9.1. AI-assisted searches

Oquarto uses artificial intelligence inference providers to process natural language search queries and convert them into structured filters, making property searches easier.

9.2. Limitations of the AI service

Users should bear in mind that:

• The AI may not correctly interpret every query
• Results are non-binding suggestions
• You can always use the traditional manual search
• Accuracy depends on the clarity of the query

9.3. Privacy in AI processing

Privacy safeguards:

• No identifiable personal data is sent to the AI inference providers
• Queries are not stored permanently by those providers
• No user profile is built on the basis of searches
• You can disable the AI from your account settings

9.4. User rights

In relation to the use of AI, you have the right to:

• Opt out of using the AI functionality
• Request information about how your queries are processed
• Report errors or incorrect interpretations
• Use only the traditional manual filters

9.5. CRM AI agents (WhatsApp, email and voice)

Real estate agencies that are clients of Oquarto may activate artificial intelligence agents which manage communications with their leads and contacts via WhatsApp, email and voice telephone calls.

Identification of the AI agents:

• The voice assistant always identifies itself as a virtual assistant at the start of the call
• In text messages (WhatsApp and email), the agency may optionally enable an "AI virtual assistant" notice in its communications
• The AI agents do not take decisions producing legal effects concerning data subjects; the commercial decision always rests with the agency

The AI telephone agents generate transcripts of the calls in text format. Oquarto does not store audio recordings of its own for these calls.

10. Protection of personal data

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. It is particularly important to note that:

• Data is processed in accordance with the GDPR and the LOPDGDD
• All data subject rights are respected
• Appropriate security measures are implemented
• Processing is limited to the purposes established

11. Intellectual and industrial property

11.1. Oquarto's rights

The following are owned by Oquarto:

• The software and code of the Platform
• The design and graphic elements
• The "Oquarto" brand and name
• The structure of the databases and the management system of the Platform, excluding the data and content provided by agencies and users, which belong to them. The processing of the personal data provided by agencies is governed by Annex I

11.2. User content

Users retain ownership of:

• The photographs they upload
• The descriptions they write
• Other original content

11.3. Licence of use

Users grant Oquarto a licence to:

• Display the content on the Platform
• Process and optimise the images
• Provide the contracted services in respect of that content
• Generate aggregated and anonymised statistics and analyses that do not allow specific individuals to be identified

12. Limitation of liability

12.1. Exclusions of liability

Oquarto is not liable for:

• The accuracy of the information published by users
• The transactions carried out between users
• Damage arising from the use of the Platform
• The quality or legality of the properties managed
• Service interruptions due to technical causes

12.2. Limitation of damages

Under no circumstances shall Oquarto be liable for:

• Indirect or consequential damages
• Loss of profit or loss of opportunity
• Damages exceeding the value of the services used

12.3. Force majeure

Oquarto is released from liability for events of force majeure, including:

• Natural disasters
• Power or internet outages
• Large-scale cyberattacks
• Decisions of public authorities

13. Sector-specific real estate regulations

13.1. Regulatory compliance

Professional users must comply with:

• Ley de Ordenación de la Edificación (LOE) (Spanish building regulation act)
• The applicable regional Ley del Derecho a la Vivienda (right to housing act)
• The regulations of professional associations
• Regional registers of real estate brokerage (RAII)

13.2. Energy performance certificates

Published properties must include:

• An energy performance certificate where required
• An indication of the energy rating
• The certificate reference

13.3. Mandatory information

In accordance with consumer protection regulations, published properties must state:

• Total price including taxes
• Community of owners fees (if any)
• Usable and built floor area
• Year of construction

14. Amendments

14.1. Amendment of the Terms

Oquarto reserves the right to amend these Terms where:

• Legal or technical circumstances change
• New features are introduced
• Company policies are updated

14.2. Notification of changes

Changes will be communicated by means of:

• Notification on the Platform
• Email to registered users
• Publication of a new version with an updated date

14.3. Acceptance of amendments

Continued use of the Platform after notification implies acceptance of the amendments.

15. Termination of the service

15.1. Termination by the user

The user may:

• Cancel their account at any time
• Request the erasure of their personal data
• Stop using the Platform without penalty

15.2. Termination by Oquarto

Oquarto may terminate the service:

• For serious breach of these Terms
• For illegal or fraudulent activities
• By business decision notified in advance

15.3. Effects of termination

Upon termination of the service:

• Personal data will be erased in accordance with the retention policy
• All mutual obligations will cease
• Confidentiality obligations will remain in force

16. Dispute resolution

16.1. Mediation

To resolve disputes between users, we recommend:

• Direct communication in good faith
• Mediation through specialised bodies
• Consumer arbitration where applicable

16.2. Consumer complaints

Users who are consumers may file complaints with:

• Consumer information offices (Oficinas de Información al Consumidor)
• Consumer arbitration boards (Juntas Arbitrales de Consumo)
• Consumer protection authorities

16.3. Applicable law

These Terms are governed by:

• Spanish law
• The applicable European legislation
• The case law of the competent courts

16.4. Jurisdiction

For disputes not resolved amicably:

• The Courts of Barcelona shall have jurisdiction
• Spanish procedural law shall apply
• The special jurisdiction rules for consumers shall be respected

17. Contact and user support

For enquiries about these Terms:

Support hours: Mon-Fri 9:00-18:00 (Spanish time)

18. Final provisions

18.1. Severability

If any clause is declared null or ineffective, the remainder of the Terms will remain in force.

18.2. Waiver

Failure to exercise any right does not constitute a waiver of that right.

18.3. Entire agreement

These Terms, together with the Privacy Policy, the Legal Notice and Annex I, constitute the entire agreement between the parties.

18.4. Language and prevailing version

These Terms are drafted in Spanish; translations are provided for information purposes and the Spanish version prevails.

These Terms are published in Spanish and English. The Spanish version is the only binding version; in the event of any discrepancy between versions, the Spanish version shall prevail.

Annex I - Data processing terms (art. 28 GDPR)

This Annex governs the processing of personal data between the real estate agency that is a client of Oquarto's CRM, AI agent and property sourcing services (hereinafter, "the Agency" or "the Controller") and OQUARTO IBERIA, SOCIEDAD LIMITADA (hereinafter, "Oquarto" or "the Processor"), in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR). This Annex forms an integral part of the Terms and applies automatically upon contracting or using those services.

A.1. Subject matter and duration

The subject matter of the processing is the processing of personal data by Oquarto on behalf of the Agency, to the extent necessary to provide the CRM, AI agent and property sourcing services. The processing has the same duration as the service relationship: it remains in place for as long as the Agency's account is active and ends upon termination of the service or deletion of the account.

A.2. Nature and purpose of the processing

The processing consists of hosting and processing lead data, communications and sourcing opportunities on the platform, and comprises operations of:

• Collection, recording, structuring and storage of lead and contact data in the CRM
• Management of communications (WhatsApp, email, chat and voice calls), including the generation of responses by AI agents
• Transcription of voice calls into text
• Ingestion and structured extraction of information on properties and sourcing opportunities from the sources that the Agency connects or provides (email, messaging, files and links), including extraction assisted by AI agents
• Organisation, consultation and analysis of that data for the Agency's internal use

A.3. Types of data and data subjects

Categories of data subjects: the Agency's leads and contacts (prospective clients, owners, buyers, tenants and other contact persons) and, where applicable, the owners and title holders of the properties and other persons related to the sourcing opportunities that the Agency provides to the Platform.

Types of data processed:

• Identification data (first name and surname)
• Contact data (telephone, email, messaging profile name)
• Content of messages and communications
• Transcripts of voice calls
• Data relating to the commercial relationship (interest in properties, notes, lead status)
• Property and ownership data, as well as financial data associated with the transaction, where the Agency provides them within the scope of the property sourcing service

The Agency undertakes not to enter into the platform special categories of data (art. 9 GDPR) or data going beyond what is necessary for the purpose described.

A.4. Obligations of the Processor

Oquarto, as data processor, undertakes to:

• Process the data solely on the documented instructions of the Agency, including with regard to transfers of data to third countries or international organisations, as set out in these Terms and in the service configuration, and not to use it for its own purposes
• Inform the Agency if it considers that any instruction infringes the GDPR or other data protection legislation
• Ensure that the persons authorised to process the data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
• Apply the technical and organisational measures set out in Article 32 GDPR (encryption in transit and at rest, access control, backups, activity logging); the measures in force are described on the public security page available at /trust
• Assist the Agency, taking into account the nature of the processing, in responding to requests from data subjects exercising their rights (access, rectification, erasure, objection, restriction and portability)
• Notify the Agency of any personal data breach without undue delay and, at the latest, within 72 hours of becoming aware of it, providing the information available so that the Agency can comply with its notification obligations
• Assist the Agency in complying with its obligations under Articles 32 to 36 GDPR (security, breach notification and, where applicable, impact assessments), taking into account the nature of the processing and the information available to Oquarto
• Make available to the Agency the information necessary to demonstrate compliance with the obligations of Article 28 GDPR and allow for documentary audits, upon reasonable request and with due notice

A.5. Sub-processors

The Agency grants Oquarto general written authorisation to engage sub-processors in the provision of the service. The categories of sub-processors, with their role, country and transfer mechanism, are set out in the recipients section of the Privacy Policy and on the /trust page; the up-to-date named list is provided to the Agency at the time of contracting and, at any time, upon request to privacy@oquarto.com. Oquarto will give notice of any intended addition or replacement of sub-processors at least 15 days in advance, giving the Agency the opportunity to object on legitimate grounds; Oquarto will impose on each sub-processor, by contract, data protection obligations equivalent to those in this Annex and will remain liable to the Agency for the sub-processors' compliance.

Sub-processors providing artificial intelligence inference services process the data exclusively in order to generate the response requested by the Platform and do not use it to train their models, in accordance with the enterprise terms entered into with each of them.

A.6. Erasure or return of the data

Upon termination of the service, and at the Agency's choice, Oquarto will erase or return all personal data processed on behalf of the Agency and will erase the existing copies, in accordance with the account deletion flow described in the Privacy Policy, unless retention of the data is required by Union or Member State law. The Agency may export its data before termination using the download tools available on the platform.

A.7. Liability and contact

Each party shall be liable for the damage arising from its own breaches in accordance with Article 82 GDPR. For any matter relating to this Annex or to data protection, the point of contact is privacy@oquarto.com.