Starting at $25 USD per user per month minimum 2 users (billed annually)
BReal offers you a complete software solution for sales, lease, property management, and condominium management, all together. Designed for estate agents, shopping malls, property managers, investors, as well as, large tenant companies.
Service Terms and Conditions of Use of Application
1. Definitions. For purposes of this contract, the following terms shall be understood as:
1.1 “BReal” is BReal Estate S.P.A.
1.2 “Client” is the natural person or legal entity who signs the Property Management Software Contract with BReal and who appears in it as such.
1.3. “Administrator” is the User assigned by the Client to have the primary access to the Service, who may manage and assign other contracted users and provide and modify access data (username and password).
1.4 "Client Data" is all electronic information that the Client supplies or enters into the Service.
1.5 "Access Data” is the username and password necessary to enter the Service online. They may be modified by the users themselves, especially by the Administrator.
1.6 “Contract” Is the bilateral legal document signed by the Client and BReal in which they agree to the specific service conditions contained in the document of terms and conditions and the attachments signed by the Client and BReal.
1.7 "Order" is each document in which the specific conditions of the service requested by the Client are recorded and which constitute the initial contract of said service, as well as any subsequent service agreed to in writing by the parties and which shall be signed, at any point, in compliance with the Contract and its attachments and their contents shall specify, among other matters, the number of subscriptions or users, the duration of the subscription and the applicable rates.
1.8 "Service" corresponds to the online/website property management system or application delivered by BReal and the offline components associated to them.
1.9 "User Guide" Is the version in force of the documents, videos and presentations provided by BReal, which may be occasionally updated.
1.10 "Users" Are the employees, consultants, contractors or agents of the Client who are authorized to use the Service and have been provided the corresponding Access data (username and password) by the Client through the Administrator (or by BReal by request of the Client).
2.1 Provision of Service. The real estate management service provided by BReal shall be performed according to the terms and conditions of the Contract or of any Order signed by the parties at any time. During the validity of the Contract (i) the Service shall be provided materially according to the User Guide and (ii) the functionality of the Service shall not be materially reduced in relation to that available at the Date of Entry in Force of said Service. The Client agrees that, on its part, signing a subscription is not conditioned to the delivery of any future characteristic or function included in future versions of the applications nor shall it be bound by any public communication that BReal may issue verbally or in writing in relation to future characteristics or functions. The Client shall have the access data (username and password) that has been given to the Client’s Administrator. The password shall be determined by the Administrator and may be modified at any time.
2.2. Additional Users. User subscriptions are individual for designated Users and may not be shared or used by more than one (1) User. Notwithstanding the foregoing, these subscriptions may be periodically reassigned by the Administrator to new Users who replace former Users who have ended their work or any relation with the Client, whose position or function within the company may have changed or who, for any reason whatsoever, no longer need to use the Service. Unless otherwise specified in the corresponding Order (i) additional User orders shall be for a minimum of one (1) unit; (ii) the time period of an additional User subscription shall be the same as that for existing subscriptions, and they shall all expire at the same date in compliance with the time period of the subscription in force at the time; and (iii) the price for the additional User subscriptions shall be the same as that applied to the preexisting subscriptions, duly prorated for the time remaining to the subscription period in force at the time.
3. Use of Service.
3.1 BReal Obligations. BReal shall: (i) Notwithstanding the provisions in Clause 6, BReal may not use, edit, disclose or communicate Client Data to any third party other than the Client; (ii) it shall safeguard the security and integrity of the Services and the Client Data; (iii) provide Client Users, at no additional cost, standard support which shall consist in resolving any consultation that the Client may require on days and schedules to be agreed on, Monday to Friday between 9:00 and 18:00 hours on office working days; and (iv) make all commercially reasonable efforts to insure that the Service is available 24/7, except on: (a) planned downtime (notified by BReal 8 hours earlier through the Service and which BReal shall program, whenever reasonably possible, on weekends, from 6:00 p.m. Pacific Time on Friday until 3:00 a.m. Pacific Time on Monday); or (b) any downtime due to circumstances beyond the control of BReal, including, without being limited to, a fortuitous or cause majeure reason, government decisions, floods, fires, earthquakes, civil disobedience, terrorist acts, strikes or other labor conflict (different from those involving BReal employees), breakdowns or delays of information equipment, telecommunications, Internet service provider or housing facilities related to the hardware or software equipment or the electrical systems that are not in the possession of or under the reasonable control of BReal, as well as refusal of service attacks.
3.2 Client Responsibilities/Liabilities. The Client is responsible for all activities performed from the accounts of the Client’s User. The Client shall (i) be exclusively responsible/liable for the accuracy, quality, integrity, legality, timeliness and adjustment of Client Data and insure that all the instructions provided by BReal comply with the regulations in force in the matter of data protection; (ii) make all commercially reasonable efforts to block unauthorized access to and use of the Service and promptly notify BReal of such unauthorized use; (iii) comply with all applicable Service regulations in force including, without being limited to, the regulations on the protection of data; (iv) be responsible/liable for all its actions or omissions and those of its Users; (v) through the Administrator, it is responsible/liable for maintaining access to its email account registered in the system, which shall be the only means of recovering its access data (username and password) in case they are lost or forgotten; and (vi) the Client is responsible for making periodic copies of the data that it keeps in the application. To this end, the application allows it to configure the data backup as frequently as the Client deems necessary. This shall allow the Client to have all the information registered in the system, thus eliminating the business risks and problems that the Client may have in the event that it loses access to the system or loses the information in it for reasons of cause majeure.
3.3 Regulations for Use. The Client shall use the Service only for its own internal commercial purposes as provided in the Contract and may not: (i) grant licenses or sublicenses, sell, resell, rent, lease, transfer, transmit, distribute, share or in any other manner exploit the Service commercially or make it available to a third party except as stipulated in the Contract; (ii) send unsolicited commercial communications, or duplicated in any other manner, nor any other type of unsolicited messages that violate the provisions in the regulations applicable to such communications; (iii) send or store obscene, threatening, libelous material, or material that may be somehow illegal or offensive, including material offensive to children or which may harm or violate the right to intimacy of third parties; (iv) send or store material that may contain a software virus, worm, a Trojan or other information codes, files, scripts, agents or program malware; (v) interfere with or alter the integrity or functioning of the Service or of the data contained therein; nor (vi) attempt to access the Service or its related systems or networks in an unauthorized manner.
3.4 Third Party Providers. Certain third parties, some of which may be listed in the BReal website, offer products and services related to the Service such as implementation, personalization and other consulting services related to the use of the Service and the applications of the clients (on- or offline) and which work jointly with the Service, either exchanging data with the Service or offering additional functions in the Service user’s interface through the use of Service application programing interface. It is extremely important to specify that BReal does not grant any guarantees for the products or services of third party providers, regardless of the fact that BReal may have designated these products or services as “certified” or “validated” or any other term it may have given them. Any information exchange or interaction between the Client and a third party provider, as well as any purchase of products or services offered by said third party providers by the Client, is to be understood as a transaction strictly between the Client and the third party provider. Furthermore, BReal may occasionally offer the Client additional specific functions (not defined as part of the Service) for an additional fee to third parties or the manufacturer of the original equipment, according to the conditions specified by the licensor and accepted by the Client as another purchase by the Client of said additional functions. The use of the additional functions by the Client shall be governed by the aforementioned conditions, which shall prevail in the event of a conflict with the terms of the Contract.
4. Billing and Contact Information. The Client shall continuously update the contact information list and the information necessary for billing the Service.
5. Property Rights.
5.1 Reservation of Rights. The Client agrees that, in the provision of its Service, BReal use (i) the name BReal Estate SpA or BReal, the logo Real Estate SpA or BReal, the domain BReal Estate SpA or BReal, the names of the products and services associated to the Service, as well as other brands of products and services; (ii) certain information, documents, software and other authors copyrighted works in a sound or visual format; and (iii) other technology, products, processes, algorithms, user interfaces, know-how and other commercial secrets, techniques, designs, inventions and technical material, and tangible or intangible information (hereinafter collectively called “BReal Technology”), and that BReal Technology is protected by intellectual and industrial property rights that belong or are licensed to BReal (hereinafter the “BReal Intellectual and Industrial Property Rights”). Unless expressly stipulated in the Contract, the Client is not granted any other right over the BReal Technology or the BReal Intellectual and Industrial Property Rights, all of which shall be specifically reserved to BReal.
Salesforce.com, Sales Cloud, Service Cloud, Force.com, Chatter and others are registered brands of Salescforce.com Inc. and are used only with its authorization.
5.2 Access and Use. BReal grants the Client and its Users a non-exclusive and non-transferable right to access and use the Service in compliance with the terms of the Contract.
5.3 Restrictions. Except for the express stipulations in the applicable legislation, this limitation notwithstanding, the Client my not: (i) modify, copy or create Works derived from the Service or from the BReal Technology; (ii) create Internet links to or from the Service, or “frame” or make a “mirror” copy of any content that may be a part of the Service, except in the intranets of the Client or for the exclusive internal use of the Client, in any case; or (iii) disassemble, perform inverse engineering or decompile the Service or the BReal Technology or access the Service or the BReal Technology to (A) generate a competitive product or service, (B) create a product or service using ideas, characteristics, functions or graphs similar to those of the Service, or (C) copy any idea, characteristics, function of graph of the Service.
5.4 Client Data. Between BReal and the Client, it shall be understood that all Client Data is exclusive property of the Client. Client Data shall be all Confidential Information subject to the terms of this Contract. BReal may access Client Users accounts, including Client Data, only to resolve any technical or service problem or by request of the Client. This access shall be authorized by the Client through Access credentials and a security access code that the Administrator shall receive by email or a text message from the system at the time in which the BReal employee attempts to access the Client account or session. The Client may change its Access data (username and password) at any time.
5.5 Suggestions. The Client may generate suggestions, ideas, requests for improvement, comments, recommendations or other information provided by the Client and its Users in relation to the functioning of the Service, which may be received and analyzed by BReal without being bound to carry them out, and BReal may, by its own decision, include them in future versions or improvements of the Service.
6. Confidential Information
6.1 Definition of Confidential Information. The Parties agree that all legal, commercial, financial, technical and tax information that may be directly related to the Contract signed by BReal and the Client shall be considered Confidential Information in compliance with the terms of the Chilean legislation in force, regardless of the manner in which it is transmitted or communicated between the Parties, be it directly or indirectly, through any of their employees or representatives.
For these purposes, it shall be understood that confidential information encompasses the terms and conditions of the Contract (including the prices and other terms shown in all the Orders), the Client Data, the Service, the BReal Technology, business and commercial plans, technological and technical information, product designs and business processes, among others. By virtue of the confidential character that the information has for the Parties, the information to be exchanged and to which they may have access, in compliance with the Contract, is bound by strict reservation and confidentiality, and toward this end they become specifically bound to:
(i) Not disclose it, reveal it nor distribute it in any manner, directly nor indirectly.
(ii) Not use it for purposes or reasons different from those stipulated in the Contract.
(iii) Not duplicate it nor make copies or reproductions of it of any type or by any means.
Non-confidential information shall be understood as: (i) any information that is or becomes of public domain without a breach of confidentiality by the respective contracting party; (ii) the contracting party may have acquired knowledge of said information before its disclosure by the owner; (iii) it is independently developed without a breach of confidentiality by the respective contracting party (iv) has been received from a third party without a breach on the part of the respective contracting party.
The disclosure of Confidential Information shall not be considered to be a grant, directly or by a third party, of rights or interests on brands, names, commercial names, industrial secrets, patents, copyrights, industrial or client property rights, among others, but rather that it shall be authorized to be disclosed and used for ends and purposes different than those stipulated in the Contract.
6.2 Obligation of Reservation, Confidentiality and Proper Use of Information. The contracting parties agree that, once they have entered into this Contract, the use of the information provided in Order documents, attachments or others, may be only used, totally or partially, for specific purposes stipulated in the Contract, unless otherwise authorized, prior its use and in writing, by the holder of the information.
6.3 Protection. Each party in the Contract agrees to protect the secret of the Confidential Information of the other party in the same manner in which it protects the reservation of its own Confidential Information of a similar nature, both parties agreeing to protect said Confidential Information in all instances with due diligence.
6.4 Mandatory Disclosure. If by virtue of a legal mandate the contracting party that receives the information must disclose Confidential Information of the party holding the information, it must first communicate it to the other party (in the measure allowed by the law) and provide reasonable assistance in the event that the holding party wishes to oppose said disclosure.
6.5 Responsibility/Liability and Actions. The contracting parties agree that any violation of the obligation of confidentiality that they assume for purposes of this Contract, the acts or actions or their personnel, workers, advisors and executives in general, as well as all related entities, shall be dealt with through the rights granted by the Chilean legislation in the event of a breach of contract. If the respective contracting party discloses or uses (or attempts to disclose or use) any Confidential Information of the holder of said information in violation of the provisions of this Clause 6, the affected contracting party shall have the right to petition for precautionary or preventive measures to avoid or mitigate the effects of said disclosure, independently of any other rights and actions that may correspond pursuant to the law, while both parties agree that no other action would be adequate.
7. Duration and Termination of the Contract.
7.1 Duration of the Contract. The Contract shall be effective from the Date defined in the Order Form and shall remain so until all User subscriptions granted in relation to this Contract expire or are terminated.
7.2 Time Period for User Subscriptions. User subscriptions shall be effective from the starting date indicated in the corresponding User Order and shall remain so for a period of time also indicated in the Order. User subscriptions shall be automatically renewed for additional periods of one (1) year at the list price in force on the date of renewal, unless the Client notifies BReal no later than sixty (60) continuous days prior to the date of termination of the contract its wish to not renew said User subscriptions.
7.3 Return of Client Data. By request of the Client, within thirty (30) days following the effective date of termination, BReal shall put at the disposal of the Client a file of Client Data to be downloaded in a “comma separated value” (.csv) format. Once the 30-day period has passed, BReal shall no longer have any obligation to conserve or deliver the Client Data and shall proceed, unless legally forbidden, to the destruction of all Client Data in its systems or that may be in its power or under its control. The Administrator of the Client may, at any time during the effectiveness of the Service, generate a backup file of all the information registered in the system in the .csv format. In addition, it may backup the information with reports that may be later downloaded to Excel files. Given this information, BReal shall at no time be responsible/liable for the Client information since it is handing over all components and functions to allow the Client to keep a permanent backup of its own data.
7.4 Early Termination of Contract. The Client may request an early termination of the Service at any time with up to a sixty-day (60) notice prior to its renewal date with a notification in writing or email to BReal and a return receipt request from BReal. In a situation of early Contract Termination initiated by the Client, BReal shall keep the amounts that the Client has paid for the Service, with the understanding that that these amounts have been paid in advance and for minimum periods of one (1) year. In the event that the Early Termination of the Contract is due to a breach on the part of BReal consisting of reiterated Service breakdowns that prevent the Client from a normal operation, BReal shall reimburse the amount equivalent to the months remaining to the renewal date according to the price paid by the Client for the contracted period. Early termination of the Contract shall not result in any type of fine for any of the parties.
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