These general terms and conditions of business (the "General Conditions" ) regulate the terms and conditions applicable to the relationship between FLOORFY, S.L., a company of Spanish nationality, with its of Spanish nationality, with registered office at 08025-Barcelona, Passatge de Carsí, 13 bis, holder of Tax Identification Number B66704735, registered in the Mercantile Registry of Barcelona, Spain. ( "Floorfy" ) as a software service provider (the "Services" ) developed in the context of the use of a platform for virtual tours of real estate (the "Platform" ) and, if as the supplier of a camera to be used for taking spherical photos to be used to configure the tours (the which will be used to set up the aforementioned tours (the "Camera" ), and its users (the "User" ).

Floorfy and the User are hereinafter individually referred to as the "Part" and jointly as the "Parts".

• Contractual relationship
  • The contracting of the Floorfy Services by the User implies that he/she accepts to be bound by the present General Conditions, which together with their annexes integrate the contract documents (the "Contract" ), to which the User expressly agrees. The Contract is formalized and comes into force on the date on which the User registers on the Platform, electronically or by any other means. 1.2. Likewise, the contracting of the Floorfy Services by the User is subject to the provisions of other applicable legal policies published on the Floorfy website, that is: the Legal Notice and the Privacy and Cookies Policy. 1.3. In the event that the User is a natural person, or a legal person that could be considered a consumer or user in accordance with the provisions of the General Law for the Defence of Consumers and Users, the regulations governing the defence and protection of consumers and users shall be applicable to him/her together with these General Conditions.
  • Likewise, the contracting of the Floorfy Services by the User is subject to the provisions of other applicable legal policies published on the Floorfy website, that is: the Legal Notice and the Privacy and Cookies Policy.
  • In the event that the User is a natural person, or a legal entity that could be considered a consumer or user in accordance with the provisions of the General Law for the Defense of Consumers and Users, the regulations governing the defense and protection of consumers and users shall apply along with these General Conditions.
• Object of the contract
  • The purpose of the Agreement is to regulate the conditions under which:
    • Floorfy provides the Services to the User.
    • The User makes use of the Platform.
    • Floorfy sells or leases the Camera, the User makes use of it, as detailed in the particular conditions regulated in Annex I of the present Contract (the "Conditions"). "Particular Conditions" and in the Camera's user manual, which will vary depending on the model of Camera, and which will form an integral part of the Contract (the "Contract"). "User's Manual" ).
  • The price of the Services, the configuration of the Platform and the conditions of the Chamber are based on the functionalities and options available at the time of contracting the Services by the User. The options, functionalities or hardware whose release was subsequent to the contracting of the Services may not be included in the Services contracted by the User.
• Services. Trial period
  • The Services shall consist of the development, maintenance and provision to the User of the Platform, understood as a solution for virtual tours of properties, which takes advantage of the potential of the new web technologies such as WebGL and WebRTC for the rendering of 360° virtual tours in 3D models that simulate the tour of the properties with a high degree of immersion. The Services may also include the editing of the virtual tours by Floorfy in the event of express contracting said service by the User.
  • Services vary depending on the plan contracted:
    • The plan "Professional" includes:
      • One user.
      • Visitor Analytics.
      • Open house, i.e. a videoconferencing system in the virtual tour between the User and the User's client where they interact in relation to the tour.
      • Extract flat photos from the virtual tour.
    • The plan "Business" includes:
      • Three users.
      • Visitor Analytics.
      • Open house, i.e. a videoconferencing system in the virtual tour between the User and the User's client where they interact in relation to the tour.
      • Extract flat photos from the virtual tour.
      • Custom watermark.
    • The plan "Enterprise" includes:
      • Five users.
      • Visitor Analytics.
      • Open house, i.e. a videoconferencing system in the virtual tour between the User and the User's client where they interact in relation to the tour.
      • Extract flat photos from the virtual tour.
      • Custom watermark.
    In accordance with what is indicated in the previous clause, Floorfy offers the User the possibility of contracting the virtual tour editing services as a complementary service to the previous ones, the contracting of which is, therefore, compatible with any of the plans indicated.
  • Floorfy will make available to the User a 14-day free trial period (the "Trial Period" ). At the end of the Trial Period, and in the absence of prior and express cancellation by the User, the contracted Services shall be automatically extended by the User under the conditions and for the term selected at the time of registration for the Trial Period. In such case, the billing for the contracted period will be generated and payment for Services will be made the day following the end of the Trial Period.
  • The provision of the Services by Floorfy to the User shall be conditioned to the registration of the User's profile and his registration as a customer on the Floorfy website. In this sense, the User shall provide Floorfy with the invoicing data and those others that may be necessary for the rendering of the Services.
  • For the registration of the User as a customer, he/she shall provide Floorfy with his/her name and surname and e-mail address.
  • The contracting of the Services by the User, and its registration as a client will be conditioned to the previous and express acceptance by the User of the Privacy Policy and the Contracting Conditions by "clicking" in the box "I accept the General Conditions and the Privacy Policy".
  • It is recommended that the User carefully read the Contract and the Privacy Policy before contracting the Services and registering as a User.
  • In the event that the User detects irregularities and/or problems related to the provision of the Services by Floorfy or with the data provided to Floorfy for its registration as a customer, the User may contact Floorfy through the following e-mail address: info@floorfy.com .
  • The User may modify his/her profile data within the Platform.
  • In order to contract the Services, the natural person User must be of legal age in accordance with the legal age of majority established in Spain (i.e. over 18 years of age) and have the capacity to contract.
  If you become aware of the use of the Platform by a minor, you must report it to: info@floorfy.com . In the event of contracting the Services by a minor, Floorfy shall proceed to the automatic cancellation of the Services and to the refund, as the case may be, of the price paid by the minor. In the event of being a legal person, the User shall act and contract the Services through the natural person or representative who has assumed the pertinent powers for the contracting of the Services, and the same shall be responsible for the consequences of the non-compliance of such requirement.
  • The User declares by contracting the Services that he/she is of legal age and has the capacity to contract, and that he/she has read, understands and accepts the General Conditions and the rest of the regulations that apply to his/her relationship with Floorfy.
• Pricing, payment and invoicing of services
  • The price of the Services varies depending on the type of Services contracted and the periodicity of your billing. You will find an updated list of the prices that apply to the Services depending on the contracted Services plan in the following link: https://floorfy.com/prices .
  • In case the User has contracted the rental services of the Chamber, the prices regulated in the present Clause shall be increased in accordance with the following link: https://floorfy.com/prices .
  • Payment shall be made by debiting the credit or debit card provided by the User to Floorfy to the account indicated by Floorfy at the time of contracting the Services by registering as a customer, or by direct debit payment.
  If the User chooses to pay for the Services by credit or debit card, the User must provide the credit or debit card information, the expiration date, the CVV2/CVC2 (the three (3) security digits on the back of the card), and the name of the cardholder.
  • The User agrees to receive invoices electronically. The electronic invoices will be provided in PDF format, and the User will be able to access and download the invoices in his/her User profile.
  • The Services contracted by the User in accordance with the monthly tariffs will be invoiced on a monthly basis; those contracted in accordance with the annual tariffs will be invoiced on an annual basis. Payment shall be made in advance at the time of contracting the Services or, as the case may be, on the day following the day on which the Trial Period ends. The cancellation of the Services by the User before the expiration of the month or, if applicable, the year contracted shall not entitle the User to a refund of the amounts already paid for the current monthly or annual fee.
• Length of service
  • The duration of the provision of the Services shall be that chosen by the User on the Platform. For clarification purposes, the duration of the Services shall be understood to be computed from date to date, such that the term begins on the day on which the Services are contracted, and end on the same day of the following month (or, if there is no equivalent day, the last day of the month) or of the following year, as the case may be.
  • At the end of the term selected by the User, the contracting of the Services will be automatically renewed for the same term initially contracted, unless either Party expressly communicates, at least one day prior to the expiration of the Contract, its desire not to continue with the same.
• Delivery of services
  • The delivery of the Services by Floorfy to the User shall consist of the provision of the Platform under the conditions indicated in this Agreement and in the Platform itself, as well as the edition of the virtual tours, in the event of contracting the plan in which said service is included.
  • In case of error or the appearance of problems on the Platform, please contact the Floorfy team at the following address info@floorfy.com or at the telephone number (+34) 931 591 098 , the User will be able to receive advice or resolve the incident that has occurred.
• Withdrawal of services and procedure
  • The withdrawal by the User may be carried out at any time after the contracting of the Services. The withdrawal will take effect on the last day of the contracted term and whose payment has already been made, and the User may access the Services until this time.
  • In case of cancellation, or if after the Trial Period the User does not wish to continue using the Services, the User must unsubscribe from the Services through his User profile in Floorfy, by accessing the "Payments and invoices section" and clicking on "Cancel", or by notifying such cancellation by e-mail at the following address: info@floorfy.com , in which case, Floorfy shall unsubscribe the User. In the event that the User does not unsubscribe from the Services or does not notify the cancellation by e-mail, it shall be understood that he/she consents to the contracting, of which he/she shall be informed via e-mail to the e-mail address provided at the time of his/her registration as a User.
  • The withdrawal by the User shall not give rise in any case to the refund of the amounts paid by the same up to the time of such withdrawal. Without prejudice to the foregoing, when the withdrawal is sent by the User by e-mail in the manner indicated in the preceding paragraph, and in the event that the payment of the monthly or annual fee corresponding to the following invoicing period is due during the period between the time of receipt of the e-mail by Floorfy and the management of the cancellation of the User on the Platform by Floorfy, Floorfy shall return to the User the amounts paid in respect of the said monthly or annual fee.
  • In the event that the User had rented the Camera, the withdrawal by Floorfy or the User shall entail the obligation to return the Camera in accordance with the provisions of the Particular Conditions regulated in Annex I of this Agreement.
• Obligations and responsibilities of the user
  • The User, by contracting the Services, represents and undertakes to:
    • Pay in advance the amount of the contracted Services plan in the manner described in Clause 4.
    • To make good use of the Platform and the Services offered by Floorfy, and to act in accordance with the applicable laws and without contravening the legislation in force or harming the rights and interests of third parties, avoiding damaging or infringing the rights of third parties and the performance of fraudulent activities. Floorfy shall not at any time be liable for the consequences of the User's failure to comply with this requirement.
    • To make good use of its User profile and password to access the Platform, treating them diligently and keeping them in such a way that they are not made available to third parties. Communicate to Floorfy their loss, theft and/or access by an unauthorized third party so that Floorfy may proceed to block them.
    • Guarantee the truthfulness and accuracy of the data provided in the registration as User of the Platform in order to avoid possible damages to Floorfy.
    • To be legally capable of being bound by the terms of this Contract.
    • In case of being a natural person, to be of legal age.
    • In the event that the User is a legal entity, be a duly authorized representative of the User and, as such, have the necessary legal capacity and be fully empowered to, on behalf of the User, enter into the Agreement and assume all rights and obligations contained therein.
  • The breach by the User of any of these conditions may result in the immediate withdrawal or cancellation of the Services by Floorfy, without entitling the User to request any type of compensation.
• Floorfy's obligations and liability
  • Floorfy is obligated to:
    • To provide the Services in accordance with the conditions offered on the Platform and the provisions of these General Conditions.
    • Solve the technical problems that may arise in the Platform, as long as they are due solely and exclusively to a problem of Floorfy's operation, collaborating in everything necessary so that the Customer may benefit from a quick solution of the incident.
    • Adopt the relevant security measures in order to protect the confidentiality of User data as regulated in these General Conditions, in the Privacy Policy and in the applicable legislation.
    • Make the Camera available to the User in case of rental or purchase in accordance with the Particular Conditions regulated in Annex I of the present Contract.
  • Any losses that are not attributable to any breach by you.
    • Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
    • Any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the Contract was entered into by both parties.
    • The misuse by the User of the Platform and of the Services provided by Floorfy, nor of the damages or harm derived from such misuse, or from the negligent use or with bad faith made by the User.
    • Errors, failures and incidences in the reproduction of the tour videos that may derive from network failures or other types of situations for which Floorfy is not directly responsible. Floorfy does not assume the responsibility of guaranteeing that the services of the website are constantly operative, being exempt from any damage that this may cause.
    • The processing of data that have not been previously informed by the User or about which the relevant measures have not been adopted when the party responsible for such processing is a third party.
  • The User acknowledges that all or part of the Services will be provided by Floorfy through the Amazon Web Services server (the "Server" ). In this sense, Floorfy shall not be liable for those errors, failures and incidents, or for the damages that may derive from breakdowns, interruptions, malfunctions or failures produced in the Server.
  • Floorfy reserves the right to suspend the User's access to the Platform, without prior notice, and in a discretionary manner and on a definitive or temporary basis until the effective liability for the damages that may occur is ensured when any situation is detected in which the User has not acted diligently and/or has taken advantage of the Platform functionalities, which in any way that may have generated any damage.
  • Likewise, in the event of misuse of the Platform by the User, or of a use that could imply the infringement of third party rights, Floorfy reserves the right to apply corrective measures on the images that could constitute a crime, and/or to avoid the identification of third parties in the virtual tours generated through the Platform.
  • Even though it is not responsible for the damages caused to any third party as a consequence of the misuse of the Platform by the User, Floorfy may collaborate and make the notifications it deems pertinent to the competent authorities, according to the type of incident that has occurred when it has reliable knowledge that such damages may constitute an unlawful activity.
  • Nothing in the Agreement limits or restricts Floorfy's liability for misrepresentation or personal injury attributable to Floorfy's negligence or willful misconduct.
• Floorfy Warranties
  • That it is the legitimate owner of the intellectual property rights or any other type of rights over the Platform, as well as over the resources, equipment and infrastructure or software underlying the Platform.
  • That it complies and will comply at all times with all legislation and regulations applicable to the Platform, and Hosting and in particular, with the regulations applicable to the protection of personal data.
• Personal data protection
  • In accordance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April 2016, (RGPD) and in the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), we inform you that your personal data will be processed by FLOORFY, S.L., with registered office in 08025-Barcelona, Passatge de Carsí, 13 bis, holder of NIF B66704735. Tel. +34 931 591 098 . E-mail info@floorfy.com , in its capacity as data controller (the "Data Controller" ), for the following purposes: (a) to manage and maintain the present contractual relationship; and (b) the provision, assistance, management and maintenance of the Services object of the Contract. The legal bases for the aforementioned processing are (a) the existence of a contractual relationship with FLOORFY, S.L.; (b) compliance with FLOORFY, S.L.'s legal obligations, and (c) the satisfaction of the legitimate interest of the Data Controller.
  • The personal data subject to processing will be kept until the termination of the contractual relationship and for the period necessary to meet the corresponding legal obligations and responsibilities.
  • Floorfy does not transfer or exchange your personal data with third parties without your express consent. However, your data could be transferred to the competent bodies and/or authorities in cases where there is a legal obligation for Floorfy.
  Likewise, the Users' data may be accessible by third party suppliers that offer services to Floorfy and that are necessary to provide the Service of the Contract, therefore, we have signed the legally required processing assignment contracts, under which compliance with their obligations as data processors is guaranteed, in accordance with article 28 of the RGPD.
  • If you wish to exercise your rights of access, rectification, opposition, limitation, suppression, portability and not to be subject to automated decisions, you must write to 08025-Barcelona, Passatge de Carsí, 13 bis, holder of NIF B66704735. Tel. +34 931 591 098 , or by e-mail through the following address info@floorfy.com . In the event that you have not obtained satisfaction in the exercise of your rights, you may file a complaint with the Spanish Data Protection Agency. (www.aepd.es).
• Modification of general conditions
  • Floorfy reserves the right to make changes to these General Conditions at any time. The User shall be subject to the General Conditions in force at the time the Services are contracted, unless, by law or by requirement of the public authorities, a change must be made to these General Conditions. Should any of these conditions be declared invalid, void or for any reason ineffective, such condition shall be deemed to be excluded without such declaration affecting the validity or enforceability of the remaining conditions.
• Disclaimer
  • In the event of breach by the User of these General Conditions, and even if Floorfy may not exercise any rights available to it at that time, this shall not constitute a waiver and Floorfy may make use of such rights and actions, as well as those that may be available to it at any time.
• Our data

  • Our contact information is as follows:

    • Floorfy, SL
    • 08025-Barcelona, Passatge de Carsí, 13
    • Email: info@floorfy.com
    • Phone: +34 931 591 098
• Applicable Law
  • These conditions shall be governed by and construed in accordance with the laws of Spain. For the determination of the place of conclusion of the contract for the provision of services to which these General Conditions are subject, the provisions of Article 29 of Law 34/2002, of July 11, 2002, on services of the information society and electronic commerce shall apply.
  • In the event of any dispute or discrepancy in the interpretation or application of these General Conditions, the Parties agree to access the platform offered by the European Commission for alternative dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr/ .
  • Without prejudice to the provisions of Clause 15.1 above, in the event that the Parties do not resolve the dispute by the means established in said Clause 15.1, the Parties agree to submit to the non-exclusive jurisdiction of the Barcelona courts, with the exception of the case in which the User is considered a consumer or user in accordance with the General Law for the Defense of Consumers and Users and other complementary laws, in which case those courts determined in the aforementioned legislation shall be competent to resolve the dispute.

CONTENT MANAGEMENT AND RESPONSIBILITY

• Availability of deleted virtual tours
  • Users are responsible for the creation, management, and deletion of virtual tours. In the event of a virtual tour deletion, it will remain available for the 30 days following the deletion date. During this period, the user will be able to access the tour and, if desired, restore it. After this period, the tour will be permanently deleted, with no possibility of recovery.
  • If a user account is canceled, all associated virtual tours will be retained for six months from the date of cancellation. After this period, all virtual tours will be permanently deleted, with no possibility of recovery.