Terms and conditions
1. Purpose
These terms govern the supply by Aurum Nummus Capital LLC ("the Publisher") of the Relaimmo service, real estate management software available online, to a professional real estate agency ("the Client").
The service is offered exclusively to professionals. It is not offered to consumers.
2. Subscription
Subscription takes place online or by acceptance of a quotation. It constitutes acceptance of these terms and of their annex relating to the processing of personal data.
3. Price and payment
The subscription is offered in several plans, monthly or annual, per agency, at the prices published on relaimmo.app at the time of subscription. It is payable in advance, in United States dollars, for each period. The price of a plan is fixed for the period subscribed; any change is notified in accordance with article 11. Accepted payment methods are those offered in the Client's account area.
Options may be subscribed in addition to a plan, at the prices published on relaimmo.app. They are billed on the same terms and appear as separate lines on the invoice.
Prices are exclusive of any tax or withholding applicable in the Client's country, which is the Client's own responsibility. The Client bears the exchange costs and the fees its bank applies to a payment in dollars.
A payment default not remedied within fifteen days of a reminder entitles the Publisher to suspend access. The Client's data is retained during suspension.
4. Term, renewal, termination
The subscription runs for the period chosen, monthly or annual, and renews automatically for the same period. A change to a higher plan takes effect immediately, the difference being charged pro rata for the remainder of the current period. A change to a lower plan, or to a shorter period, takes effect at the end of the current period.
The Client may terminate at any time, effective at the end of the current period. No pro rata refund is due to a Client who terminates.
The Publisher may decide not to renew a subscription at the end of the current period, unilaterally and without having to give a reason. The Publisher may also end the subscription during a period; in that case it refunds the unused portion of that period pro rata. This refund is not due where the Publisher ends the subscription because of a serious breach by the Client, in particular a use of the service contrary to law. In either case, the provisions of article 6 apply to the Client's data.
5. The data belongs to the Client
Properties, contacts, documents, photographs and texts entered or uploaded by the Client belong to the Client. The Publisher acquires no right over them other than to host and process them in order to provide the service.
The Publisher makes no other use of that data: no resale, no marketing, no model training.
6. Export and deletion
The Client may export its data at any time from the service, in a readable format.
On termination, its data remains exportable for thirty days, after which it is deleted. It is for the Client to carry out that export, in particular in order to satisfy the retention obligations imposed on it by its own regulations.
7. Availability
The Publisher uses reasonable efforts to keep the service available, without committing to any particular rate. It may interrupt the service for maintenance, giving notice where possible.
8. Client obligations
The Client warrants that it is entitled to process the data it enters, that it has informed the persons concerned and, where required, obtained their consent. It warrants that it holds the rights to the photographs and texts it uploads.
It is responsible for the confidentiality of its users' credentials and for the acts carried out under their accounts.
The content of published listings is its sole responsibility, including their compliance with its own country's real estate advertising regulations and with the rules applicable to acquisition by foreign nationals.
9. Liability
The Publisher's liability, on all grounds combined, is limited to the amounts actually paid by the Client over the twelve months preceding the triggering event.
The Publisher is not liable for indirect losses: loss of opportunity, loss of clientele, loss of profit, damage to reputation.
No limitation applies in the event of wilful misconduct.
10. Data processing
The annex to these terms defines the conditions under which the Publisher processes personal data on behalf of the Client. It forms an integral part of the contract.
11. Changes
The Publisher may amend these terms. Amended terms are published on relaimmo.app and notified to the Client by email. They apply to the Client from its next renewal; until then, the terms accepted on subscription or at the last renewal continue to apply.
12. Governing law and jurisdiction
These terms are governed by the law of the State of Wyoming, United States. Any dispute falls within the jurisdiction of the competent courts of Sheridan County, Wyoming.
13. Language
These terms are published in French and in English. In the event of any discrepancy between the two versions, the English version shall prevail. The Publisher being a company incorporated under the laws of the United States, the English version is the original; the French version is provided for the Client's convenience.
Annex — Processing of personal data
A. Roles. For the data the Client enters into the service, the Client is the controller and the Publisher is the processor.
B. Subject matter and duration. The Publisher processes that data solely in order to provide the service, for the duration of the subscription.
C. Instructions. The Publisher processes that data only on the Client's documented instructions, save where bound by a legal obligation.
D. Confidentiality. Every person authorized to access that data is bound by confidentiality.
E. Security. The Publisher implements appropriate technical and organizational measures: encryption of exchanges, separation of data by agency, access logging, backups.
F. Sub-processors. The Publisher uses the providers listed in its privacy policy. It informs the Client of any change thirty days in advance; the Client may object and terminate free of charge.
G. Transfers. Data is hosted outside the Client's country. The Publisher undertakes to apply to it a level of protection equivalent to that required of the Client under its own regulations, and to transfer it only to providers bound by the same obligations.
H. Assistance. The Publisher assists the Client in responding to requests from data subjects, and informs it without undue delay of any data breach affecting its data.
I. Fate of the data. At the end of the contract, data remains exportable for thirty days, after which it is deleted, save where a legal retention obligation applies.