Terms of Service

1. General provisions

  1. These Terms of Service govern the use of the Hemianao platform, its websites, applications and related services (together, the Platform).
  2. The Platform is operated by: Andrew James Lee, doing business as Hemianao
    Calle Países Bajos 6, Pol. Ind. San Pedro Alcántara
    Marbella, Málaga 29670, Spain
    E-mail: hemianao@estalara.com (the Provider).
  3. These Terms are the terms of providing services by electronic means. We make them available free of charge before the contract is concluded, in a form that allows them to be downloaded, saved and printed.
  4. Personal data is processed in accordance with the Privacy Policy, which is a separate document.
  5. Real-estate agents and agencies are additionally bound by the Agent Terms. In matters they govern, the Agent Terms prevail over these Terms.

2. Definitions

  1. User — a natural person, legal person or organisational unit using the Platform.
  2. Consumer — a User who is a natural person and concludes a contract with the Provider for purposes not directly related to their business or profession.
  3. Account — the User's data and settings in the Platform, available after logging in.
  4. Listing — a property offer published in the Platform.
  5. Live — a property presentation or meeting broadcast live in the Platform, including a video meeting arranged through a booking.
  6. Wallet — a prepaid settlement balance from which paid Platform features are covered.
  7. User Content — any content a User places in the Platform, in particular Listings, photographs, descriptions, messages and chat posts.

3. Types and scope of services

  1. The Provider offers in particular the following services:
    • maintaining an Account;
    • browsing and searching Listings;
    • communication between Users, including messages and chat during a Live;
    • taking part in Lives and booking meetings with agents;
    • an assistant based on artificial intelligence that answers questions about Listings;
    • notifications in the application, by e-mail and through browser notifications;
    • paid features settled from the Wallet or under a subscription plan.
  2. Basic services for Users browsing Listings are free of charge. Paid features are marked in the Platform before use, together with the price or the rules for setting it.
  3. Answers given by the AI assistant are for assistance only. They are not legal, tax or financial advice or an assessment of the technical condition of a property, and may contain errors.
  4. The Provider is not a party to, or an intermediary in, contracts concerning properties concluded between Users. The Users who publish Listings and conclude transactions are responsible for their content and course.

4. Technical requirements

  1. Using the Platform requires a device with internet access, a current version of Chrome, Firefox, Safari or Edge with JavaScript and cookies enabled, and an active e-mail address.
  2. Taking part in a Live with video and sound requires a camera, a microphone and the browser's permission to use them.
  3. The Provider is not liable for an inability to use the Platform resulting from these requirements not being met.

5. Account and conclusion of the contract

  1. The contract for services provided by electronic means is concluded when the Account is created, for an indefinite period.
  2. On registration the User accepts these Terms. The acceptance concerns the version shown with the form; the Provider records the number of that version, its language and the date of acceptance.
  3. The User provides true data and updates it when it changes. The Account is personal; login details must not be shared with third parties.
  4. The User may at any time request the closure of the Account in the Account settings. The Account is closed once the Wallet and obligations towards other Users have been settled.
  5. The Provider may terminate the contract with 30 days' notice for important reasons, in particular the discontinuation of the Platform. In the event of a serious breach of these Terms, the Provider may suspend or close the Account with immediate effect, informing the User of the reason.

6. Payments and the Wallet

  1. Paid features are paid for from the Wallet, under a subscription plan or directly through the payment operator indicated in the Platform.
  2. Funds in the Wallet are used solely to pay for Platform services, bear no interest and are not a bank deposit. The rules for their validity, refund and payout are stated in the Platform when topping up.
  3. Prices are given in the currency of the Platform instance; information on taxes is shown at payment.
  4. The Provider issues invoices or other proofs of purchase to the billing details given in the Account.

7. Rules of use and prohibited content

  1. The User uses the Platform in accordance with the law, good practice and these Terms.
  2. It is prohibited to post unlawful content, in particular:
    • content infringing the rights of third parties, including copyright and image rights;
    • false or misleading information about properties;
    • offensive content or content inciting hatred or violence;
    • spam, advertising unrelated to real estate and malicious software;
    • personal data of third parties without a legal basis.
  3. It is prohibited to record a Live outside the Platform's features or to disseminate another person's image captured during a Live without that person's consent.
  4. Activities disrupting the operation of the Platform are prohibited, including automated data collection without the Provider's consent.

8. Reporting illegal content and moderation

  1. Anyone may report content they consider illegal or contrary to these Terms by writing to hemianao@estalara.com. The notice should identify the content, explain the reasons, give the notifier's details and contain a statement of good faith.
  2. The Provider handles notices promptly, objectively and without discrimination, and informs the notifier of its decision.
  3. The Provider may remove content, restrict its visibility, or suspend or close an Account. It informs the User of such a decision, stating its factual and legal grounds, unless the law prohibits doing so.
  4. The User may appeal against the decision within 6 months by writing to hemianao@estalara.com. The appeal is handled by a person who did not take part in the original decision.
  5. The User may also use a certified out-of-court dispute settlement body or the courts.
  6. The point of contact for authorities and Users in matters of content is hemianao@estalara.com; correspondence is conducted in Polish or English.

9. User Content

  1. The User is responsible for User Content and declares that they hold the rights to it.
  2. The User grants the Provider a non-exclusive, royalty-free licence to use User Content to the extent necessary to provide the services, including displaying, storing, technically copying and translating it, for as long as it is placed in the Platform and for any retention period required by law.

10. Complaints

  1. Complaints about the services may be sent to hemianao@estalara.com. A complaint should identify the Account, describe the problem and state the expected resolution.
  2. The Provider handles a complaint within 14 days of receiving it and replies to the Account's e-mail address.

11. Consumer rights

  1. A Consumer may withdraw from a contract for services without giving reasons within 14 days of its conclusion by sending a statement to hemianao@estalara.com.
  2. If the Consumer requested a paid service to begin before the withdrawal period expired and the service has been fully performed, the right of withdrawal does not apply, provided the Consumer was informed of this. For a partly performed service, the Consumer pays for what was provided until withdrawal.
  3. The Consumer has the rights concerning the non-conformity of a digital service with the contract provided by mandatory law.
  4. The Consumer may use out-of-court complaint and redress procedures, in particular the assistance of a consumer ombudsman or a competent consumer organisation.

12. Liability

  1. The Provider makes efforts to keep the Platform running without interruption, subject to maintenance work and failures beyond the Provider's control.
  2. The Provider is not liable for the content of Listings, the accuracy of information provided by other Users or the course of contracts concluded between Users.
  3. Towards Users who are not Consumers, the Provider's liability is limited to actual damage and to the amount of fees paid by that User in the last 12 months, except for damage caused intentionally.
  4. These Terms do not limit the Provider's liability towards Consumers where mandatory law prohibits it.

13. Changes to the Terms

  1. Each version of these Terms has a number. The Provider may change the Terms for important reasons, in particular changes in the law, in the scope of services or in payment rules.
  2. The Provider informs Users of a change by e-mail, sending the full text of the new version at least 14 days before it takes effect.
  3. From the day a new version takes effect, entering into new obligations in the Platform requires accepting it. A User who does not accept the changes may close the Account; until then they may use the Platform for existing obligations and their settlement.

14. Governing law and disputes

  1. The contract is governed by Spanish law.
  2. This choice of law does not deprive a Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country of their habitual residence.
  3. Disputes with Users who are not Consumers are resolved by the court competent for the Provider’s place of business in Marbella. Disputes with Consumers are resolved by the court competent under general rules.

15. Contact

The Provider can be contacted on all matters concerning the Platform at hemianao@estalara.com.

Hemianao legal documents section