Terms of Service
Welcome to EasyBroker, the real estate management and collaboration platform, which services aim to accelerate sales of Real Estate.
Through your use of the EasyBroker website (www.easybroker.com), its virtual platform, its mobile application, its software or any service of EasyBroker, LLC, the user is bound to the following terms and conditions (hereinafter, the “Terms of Service”).
The EasyBroker Platform is a Software as a Service platform owned by EasyBroker LLC, which service and/or licensing can be marketed by both EasyBroker LLC or by its related companies and/or entities (hereinafter, jointly referred to as “EasyBroker”).
EasyBroker offers the following own technology:
- EasyBroker virtual platform (hereinafter, the “EasyBroker Platform”), accessible through www.easybroker.com and through its mobile application, by means of which you can access to the Services and to the management and collaboration platform for real estate agencies available for the Agent Users (as defined below).
- EasyBroker website, that offers information and access to different services and that enables access to the EasyBroker Platform (hereinafter, the “Website”).
- The Services (as described below) and any other product and/or service available or accessible through the EasyBroker Platform and/or Website.
EasyBroker enables Agent Users (as defined below) to use of the EasyBroker Platform, the Website, the Services and their respective contents, through a limited, non-exclusive, non-transferable, non-sub licensable and revocable use license, which terms, fees, functionalities and features will depend on the specific plan contracted by the Agent User, retaining EasyBroker, at all times, all the intellectual and industrial property rights over the EasyBroker Platform, the Website, the Services and the contents associated thereto.
The use license of the EasyBroker Platform, the Website, the Services and the contents associated thereto, is subject to the present Terms of Service and the applicable particular terms and shall be effective upon registration, download, access and/or use of the Platform, the Website, the Services and/or the contents associated thereto.
The access to the EasyBroker Platform, the Website and the contents and Services associated thereto on the part of the Agent User may require compatible devices and access to Internet. In this respect, Agent User is herein informed that she/he will be exclusively responsible for the installation, implementation and provision of any equipment, hardware, software, API, operating system, networks, third-party services with which the EasyBroker Platform allows its integration and all other resources necessary for the provision of the Service and access to the EasyBroker Platform and that the ability of the Agent User to access and use said Services can be affected by the performance of these listed elements.
Furthermore, when downloading, installing, accessing, or using the EasyBroker Platform, the Website, the Services and contents related thereto, the Agent User acknowledges reading and understanding the following Terms of Service, the Privacy Policy and any supplementary document, and accepts to be bound by them and that, furthermore, the Agent User shall comply with all the applicable laws and regulations regarding the use of the EasyBroker Platform, the Website and the Services.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE EASYBROKER PLATFORM, THE WEBSITE OR THE SERVICES AND CONTENTS ASSOCIATED THERETO IN ANY MANNER.
1. The Platform and the Services of EasyBrokerThe EasyBroker Platform offers real estate management and collaboration services. Therein EasyBroker offers services such as CRM (Customer Relationship Management) wherein management tools and solutions related to clients and/or prospects are available. Furthermore, the EasyBroker Platform enables a collaborative space called “Real Estate Database” wherein the Agent Users (as described below) publish Listings of the properties they market (as described below) so that all Agent Users registered on the EasyBroker Platform grow up their marketing property inventory and are able to offer, individually, said properties of third-party Agent Users to their clients and/or prospects, in their capacity as real estate agents.
EasyBroker Platform services include, among other services which details are available on the Website and on the EasyBroker Platform, the following (hereinafter, the “Services”):
- CRM for the management of client portfolios of the Agent Users and management of properties;
- Mailing or mailbox to manage the contacts and communications with the clients, prospects, other Agent Users, real estate agencies and/or real estate agents;
- Link, centralization and management of Agent User accounts in portals and/or third-party sites of the real estate industry addressed to the consumers;
- Publication and management of advertisements in free and not free portals (that is, paid);
- Task analysis, supervision and management tools allocated to related Agent Users (as defined below);
- “Real Estate Database” consisting of a collaborative space among Agent Users; and
- Additional services included in the contact of any of the plans offered by EasyBroker, such as:
- Tools for the self-management of the design of a Website – responsive for mobile phones – for the Administrator Agent, using to this end up to one of the offered templates, being able to customize it with the logo of the User, available colors and domain name of the User;
- Registration of up to one domain name of your choice, of the extension (termination) .com, .biz, .net or .org that is available for registration;
- Hosting Services for the mentioned Website – with such limitations as determined by EasyBroker;
- Reports for owners;
- soporte services through a range of customer service channels; and
- Online workshops for training in the use of the EasyBroker Platform - regarding these workshops, it is herein informed that some may have an additional cost-.
- Other related services.
Any person who accesses the Website shall be considered as a “User”. Any person who accesses the EasyBroker Platform registered as Agent, according to the registration process foreseen in the EasyBroker Platform shall be considered as an “Agent User”, regardless of whether registration had been made under an Agent User Account or an Administrator Agent Account as defined below.
The registration process requires completing the personal information requested with exact, truthful and current data in a form provided by EasyBroker for such purposes, generate a username and a password (hereinafter the “Credentials”) and accept the present Terms of Service.
Furthermore, to use the EasyBroker Platform Users shall register under the category “Agent User Account” or “Administrator Agent Account” as defined below. The EasyBroker Platform enables the following options: (i) registering independently, for this purpose the User shall contract any of the plans offered by EasyBroker which details are available at https://www.easybroker.com/mx/plans (hereinafter the “Plan”) and select the amount of Agent Users that may be linked to its Agent User Account (hereinafter the “Agent User Account”) or (ii) linking the Agent User to a pre-existing Administrator Agent User account (hereinafter the “Administrator Agent Account”). The Administrator Agent Account User shall have powers to (i) authorize such link to the Agent User Account and define the permissions of the account regarding the EasyBroker Platform, including permissions similar to those of the administrator, (ii) manage Agent User Accounts, (iii) access to all the Personal Data of the linked Agent Users as well as to all the activity of the linked Agent Users in the EasyBroker Platform.
In relation to the Agent User Account, it is herein informed that registration is only allowed to a human person, being the registration by automated means expressly prohibited, and that the Administrator Agent Account can only link the amount of Agent User Accounts that the plant contracted by said User enables.
If you access and/or use the EasyBroker Platform, the Website or the Services of EasyBroker and the contents related thereto with relation to an Agent User Account, on behalf of a Legal Person and/or company by virtue of being an employee and/or dependent thereof and/or by virtue of a contractual relation with said Legal Person or company, please bear in mind that your usage of the mentioned tools will hold you responsible and, furthermore, will hold said entity and/or the Administrator Agent Account responsible.
The Agent User will be solely liable regarding the regulations in force applicable to the real estate agent activity in the country where the marketing of the Services takes place, holding EasyBroker, and the companies and entities related thereto, harmless against the infringement of any applicable regulation and/or legislation.
3. Regarding the “API KEY”The Agent User has an “API KEY” that is secret, unique, exclusive, and non-transferable, available in the Agent User Account or Administrator Agent Account, as applicable. This API KEY can be used, among other things, to enable third parties to edit information of the Agent User Account, to transfer and provide access to third parties to information of the User Account such as all the properties and Listings managed through the Agent User and that are visible in the Real Estate Database, as well as to all the information, data and content hosted, contained, and processed in the Account. EasyBroker shall not be responsible if the Agent User shares, provide access to, or does not protect this API KEY being said Agent User solely responsible for maintaining confidentiality and secret of the Credentials.
4. Prohibition of transfer of the AccountEach Agent User Account and Administrator Agent Account is personal, unique, and non-transferable. Users can access thereto through the Credentials. The Credentials cannot be shared between several natural persons even when these persons act or not in the name and/or on behalf of and/or under orders of one same entity. Furthermore, the Credentials cannot be assigned or transferred under any circumstance, and access to third parties different from the Agent User that has been registered cannot be enabled either. The generated password is personal, confidential, non-transferable and of exclusive knowledge, being the Agent User responsible for maintaining the accuracy, veracity, completeness, updating and confidentiality of the Account as well as of the operations generated under such Credentials.
Each Agent User shall be responsible for him/herself and/or shall hold the entity and/or legal person for which he/she works or renders services and/or the Administrator Agent Account to which he/she is linked responsible for all the activities taking place under the Agent User Account and using the Credentials. In this sense, the Agent User shall understand that he/she is responsible for all the content published and the activity taking place under his/her Credentials; and that in the case of having an Administrator Agent User Account and has linked other Agent Users, he/she shall also be responsible for the activity and content published by these persons and Agent Users.
In case the Agent User warns, suspects, or has knowledge that the confidentiality of the Credentials has been breached, they have to be modified and User has to immediately notify EasyBroker.
In this respect, it is herein informed that neither EasyBroker nor the companies related thereto, they shall be liable for any damage or loss incurred as a consequence of the use of the account and/or Credentials by a third party, regardless if this has happened with or without the consent of the Agent User. However, the Agent User and the entity and/or legal person for which he/she works or renders services shall be liable for any damage or loss incurred by EasyBroker, the companies related thereto and/or any third party, as a consequence of the use of the Credentials and of the Agent User Account by a non-authorized third party.
5. About Listings and propertiesThe EasyBroker Platform allows the publication and management of the listings of the properties that the Agent Users market in their capacity as real estate agents through the different real estate portals meant for the general public (hereinafter, the “Listings”). These Listings shall be automatically published in the Real Estate Database according to the conditions and permissions that the Agent User had established at the moment of its publication.
The Agent Users may publish the Listings in portals of third parties and/or websites of third parties through the EasyBroker Platform. Regarding this service, it shall be taken into account that the Listings to be published in these third-party portals or sites may be amended and/or adjusted by EasyBroker and/or by said third parties, according to the publishing requirements, policies and mandatory requirements of these third-party portals and/or sites. Furthermore, each of these third-party portals and/or sites has its own terms and conditions and privacy policies that the User shall consult and observe. Some of them also charge specific fees for the publication in their portals and/or sites, which shall also be consulted and paid by the User.
Neither EasyBroker nor its affiliated and/or related companies has any responsibility for the Listings or the contents and/or messages that the Agent Users publish, manage, make available or send through the EasyBroker Platform, nor for the actions of the Agent Users within or without the EasyBroker Platform. Each Agent User is solely responsible for his/her actions, the Listings, and their content (including but not limited to the information, statements, photographs, prices and other material included therein or related to the Listing under consideration) and for the messages sent to other Users and/or consumers. Consequently, any claim for loss, damages and/or any claim that might correspond by virtue of thereof shall be addressed to the Agent User that published and is solely liable therefor.
Notwithstanding the above, and even though EasyBroker makes no prior analysis, nor monitors or approves any Listing, content, or message, EasyBroker has the power (but not the obligation) at its sole discretion, to reject, eliminate and/or remove said Listing, content or message made available and that involves or is likely to involve an infringement to these Terms of Service and/or any applicable regulation. Furthermore, EasyBroker may have, optional or mandatory, standardized publication criteria for the Agent Users and limit the category of properties that may be published. For instance, EasyBroker may filter or limit the type of Listings or the visualization of the properties included in the Listings according to their features, such as geographic location, amount of rooms, price, type of operation published (such as sale, temporal lease, lease, auction), among others.
Regarding the Listings, in your capacity as Agent User, and regarding the other linked Agent Users in the case of the Administrator Agent User, as the case may be, you represent and warrant the following:
- The Listings shall include updated, truthful, and legitimate images, photographs, trademarks, denominations, and information.
- You have all the rights, permissions, and authorizations to upload the Listing on the EasyBroker Platform, to use and authorize EasyBroker, and its related companies and/or entities to use the Listing and its content, allowing the inclusion and use of the content in the manner stipulated in the EasyBroker Platform.
- You have the right, written consent and/or permission of the owners, holders, legal representatives, or guardians of the properties to publish the Listings according to the terms set forth on the EasyBroker Platform, the information and any content included in the Listings.
- You shall hold EasyBroker, its related companies and/or entities, directors, employees, dependents and/or shareholders harmless from any claims or demands, including reasonable attorneys´ fees and court costs, filed by third parties as a result of or in relation to the Listings you publish, their content, actions of the Agent Users and/or any non-compliance with what is herein set forth and/or the applicable regulations.
Even though the Agent User retains all the property rights of the Listing and its content, when publishing the Listing on the EasyBroker Platform, and/or therein, you grant EasyBroker and its related companies and/or entities a perpetual, irrevocable, global, royalty-free, non-exclusive, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derived works, display and expose, in all cases with any purpose, format and known or future device, the Listing, its images, logos, trademarks, drawings, and other content in connection with the business of EasyBroker, including the promotion and distribution of part or all the platforms and their services, in any media format and through any media channel.
If other Agent Users authorize you to publish their Listings on your own or third-party websites and/or portals wherein EasyBroker does not publish properties, for example when accepting your “Request for Collaboration”, when publishing said Listing on third party sites and/or portals you should include the EasyBroker identification code allocated when creating and managing the Listing on EasyBroker. This is essential to allow the identification of the Listings and monitoring by third party Agent Users. In case the collaboration is cancelled or withdrawn and the authorization to publish Listings of third-party Agent Users, you deregister your Agent User Account and/or the Administrator User Account, you should remove the Listing and any content of a third-party User from all the sites and/or portals. Furthermore, in the event it is detected that you have not been authorized by the owner of the Listing and/or that the EasyBroker code corresponding to the Listing has not been published in the site and/or portal where it is published, we are empowered to suspend and/or cancel the Listing and/or the Agent User Account and/or Administrator User Account under the terms of point “Cancellation and Termination by EasyBroker”.
EasyBroker does not share, sponsor, warrant, monitor, guarantee, recommend or soporte the Listings, their content, or Agent Users and/or companies or entities to which they are linked. Therefore, EasyBroker shall not be responsible for the Listings, their content or the actions of the Agent Users, their related companies and/or entities or their dependents.
6. Notification of Real Estate Listings and other contentIf you find that any Real Estate Listing infringes any of the provisions of this document, you can report it to the email account hola@easybroker.com or through the mechanisms available to this end on the EasyBroker Platform.
In case of considering that any of the contents found or included on the EasyBroker Platform and/or any of its Services infringes your intellectual property rights and/or your industrial property rights, including your rights over registered trademarks, you should notify EasyBroker, to the email address hola@easybroker.com stating, at least: (i) your true personal data (name, address, telephone number and email address of claimant); (ii) an autograph signature or advanced electronic signature with the personal data of the owner of the intellectual property and/or industrial property rights; (iii) a precise and complete indication of the contents protected through the intellectual property and/or industrial property rights allegedly infringed, as well as their localization on the EasyBroker Platform; (iv) an express and clear statement stating that the inclusion of the mentioned contents has been made without the consent of the owner of the allegedly infringed intellectual property and/or industrial property rights; (v) an express and clear statement, under the responsibility of the claimant, stating that the information provided in the notification is accurate and that the inclusion of the contents constitute an infringement to your intellectual property rights and/or to your industrial property rights.
7. Multiple Listing System (MLS)The Real Estate Database allows the collaborative management of the Listings and the Properties enabling Agent Users to publish and offer the properties and Listings of other Agent Users.
All the Listings and properties published and managed by the Agent Users on the EasyBroker Platform shall be published and shall be visible to all the Users in the Section “MLS” together with the contact data of the Agent User and/or editor of the Listing under consideration.
Agent Users shall state, when uploading a Listing on the EasyBroker Platform, if they are willing to share commissions for the marketing of the property of the Listing, to be informed in the MLS.
Furthermore, the Agent Users may send and accept from other Agent Users “Requests for Collaboration” (hereinafter, the “Request for Collaboration”) to be able to publish and manage the Listings of the properties. If the Request for Collaboration is accepted by an Agent User, the requesting Agent User shall be granted authorization and access to the Listings and properties managed through EasyBroker to edit, offer, manage, and publish in third party sites – that is to say outside EasyBroker – the Listings of the Agent User that has accepted the collaboration under consideration. In case the accepted collaboration is withdrawn, the Agent User withdraws the authorization for said actions and the Agent User that had been accepted as “Collaborator” shall, within a maximum term of 24 hours, cease use of all the Listings of the Agent User, removing any publication made of the Listings of the Agent User to which the Listing under consideration belongs.
EasyBroker will not intervene, monitor, or manage the business relationship among the Agent Users, who are independent. In this respect, Agent Users are solely responsible for the Listings, for the management of the business relationships generated with other Agent Users when publishing Listings and for their acts. In particular, EasyBroker will not supervise, monitor, or be responsible if an Agent User offers a property from a Listing of another Agent User that has stated not to share commissions. Agent Users shall be solely responsible for ensuring the exclusivity of the offer of the properties marketed. The EasyBroker Platform does not allow the publication of Listings that are not visible to other Agent Users. In this respect, any Listing that is uploaded or managed through the EasyBroker Platform shall be visible and always included in the MLS. If as an Agent User you do not want other Agent Users to have access to the content of your Listings, do not publish Listings on the EasyBroker Platform.
8. Other ServicesThe contract of any of the Plans available for registration as Agent User on the EasyBroker Platform includes the possibility of contracting the following complementary services:
- Tools for the self-generation of up to one predesigned Web Page for the Administrator Agent Account
This is a Website that you may create using the available predesigned tools and that will be responsive for mobile phones. For this purpose, you will be able to choose one of the templates offered and available on the EasyBroker Platform and customize your page with the logo, available colors and domain name of your entity. Regarding the domain name, you may use you own domain name, if already registered, uploading the corresponding information on the EasyBroker Platform or, instead, register through the EasyBroker Platform up to one domain name without an additional cost, of your choice, of the extension (termination) .com, .biz, .net or .org that is available for registration. Upon requesting the registration of a new domain name, you may access to the management tools thereof, such as warnings for the renewal of said domain name. EasyBroker is not a registrar of domain names but for these services uses the Third-Party Services, as described below.
These Services also include the hosting services (limited according to the capacity that EasyBroker may determine), for the mentioned Web Page and the assistance for the setup of your electronic mail accounts associated thereto.
Regarding the setup of the electronic mail accounts, Agent Users are suggested to always contact the support area through this link hola@easybroker.com. EasyBroker will not be responsible for any inconvenience that the Agent User or third parties may have, or for claims associated with said electronic mail accounts, regarding the setup in case the Agent User has not contacted the soporte area for said setup.
We hereby expressly set forth that the services stated herein are provided through own tools and/or Third-Party Services (as described below), which have limitations as regards the development, design, features and capacities, as they are not tailor-made services, but predesigned tools, made available through the EasyBroker Platform and that allow a certain degree of customization.
For all Third-Party Services (as described below) stated in this Section, all set forth in Sections 15 and 17 of these Terms of Services shall apply.
- Domain Names
Through the EasyBroker Platform you may request generic top-level domain names, also called gTLDs, which shall be registered in the name of EasyBroker on behalf and to the order of the requesting User. EasyBroker shall manage said domains through Dynadot, Registrar accredited by ICANN. In case you want us to transfer the ownership of the domain name to be registered under your name in Dynadot, you will have to pay an amount of US$ 50 (fifty American dollars) to EasyBroker and complete the form we will send you, as well as any other documents required by Dynadot for said purposes. We shall conduct the transfer within 3 working days as from the moment the mentioned amounts are credited and the forms and/or information requested by Dynadot is complete. Notwithstanding the foregoing, in those cases where the registration of the domain name in the name of EasyBroker – that is to say, the cases wherein you do not require the transfer or when you have not done it yet – the User requesting the domain name under consideration shall be solely responsible for said domain name and who determines the allocation of the domain to a particular URL. Furthermore, the User shall be the one that controls, manages, administers, and edits the content of said URL. Consequently, the requesting User shall be solely liable for both the domain name in itself and for the content thereof, holding EasyBroker harmless from any third-party claim related thereto.
In the case the User uses an own domain name - that is to say when the domain name is not registered with the intervention of EasyBroker and/or which owner before the Registrar is the User –, the User shall be solely liable for its renewal.
9. Conditions for the payment, refunds and change of PlanThe Plan, the fee for the use of the EasyBroker Platform and/or the Services will depend on the Plan, services and subscription contracted with EasyBroker which shall be governed by these Terms of Service and by the applicable particular terms. The fees of the available Plans may be modified at any time by EasyBroker and in this case, they will be communicated in advance to the effective date thereof.
Furthermore, it is hereby informed that the prices and fees do not include any tax, fee, levy, right or government imposition of any kind, such as value added tax, withholdings for income tax, goods and services tax, taxes, and withholdings for transactions with foreign currency, among others. The Agent User is responsible for paying all the taxes associated with the acquisition and/or payment of the subscription to the EasyBroker Platform or by the Services. In the event EasyBroker has the legal obligation to pay or collect any applicable tax, the amount shall be invoiced and paid by the Agent User to EasyBroker.
Furthermore, it is hereby informed that the fees and costs of subscription may be invoiced interchangeably by EasyBroker or its affiliated and/or related companies according to the territory where the Services are rendered.
The User from the Administrator Agent Account can upgrade the Plan contracted at any time. In this case, additional charges can be applied and EasyBroker shall invoice the value corresponding to the new Plan. In case you want to downgrade to a cheaper Plan, please consider that you will not be able to do it until you meet the contracting deadline. Furthermore, in case you have paid months in advance for a particular Plan, if you decide to upgrade to a Plan during the already paid subscription months, you will only have to pay the difference in price.
The Plan and the fees of the Services are invoiced in advance on a monthly, semi-annual and/or annual basis – as the case may be – and are non-refundable. There will be no refunds or credits for partial months of Service or refunds for months unused or without access to the EasyBroker Platform.
The Plan shall be automatically renewed on a monthly, semi-annual and/or annual basis – according to the initial contract – unless you decide to cancel the Services. In case you wish to cancel the Services and/or Plan, you must notify it according to the de-registration process offered on the EasyBroker Platform, otherwise the subscription will be automatically renewed and, consequently, the corresponding fee will be charged until you de-register.
The Plan, fees, charges and any other amounts payable under the Service or the EasyBroker Platform shall be automatically debited from the credit card you have stated upon registration. In the event of a change of Plan and/or contract of Services, the new fee and/or the additional charges that may correspond shall be automatically charged in the credit card provided, as you expressly consent. Furthermore, EasyBroker may enable alternative payment options such as transfers, PayPal, accounts deposits and payments of OXXO Pay, among others. Failure to pay on time and/or inability to automatically debit – as the case may be – shall imply the automatic default of the Agent User and EasyBroker shall be empowered to cancel and/or suspend the Agent User Account and/or Administrator User Account and its linked Agent Accounts, under the terms of point “Cancellation and Termination by EasyBroker” of these Terms of Service.
Downgrading your Plan may cause the loss of content, features or capacity of your Agent User Account, Administrator Agent Account and/or Agent User Accounts linked to the Administrator User Account, as the case may be. EasyBroker will not be liable for any type of loss related thereto. Please contact our helpdesk before downgrading your Plan so that we can walk you through the changes that will be made once your account is changed.
Finally, it is hereby informed that if you request a chargeback with your issuing bank for any prior payment or payments made to EasyBroker, and the request is deemed invalid or not applicable, EasyBroker will be empowered to debit the original amount plus a fine of $300 (three hundred Mexican pesos) or US$15 (fifteen American dollars) for each chargeback -the fine amount depends on the currency of the chargeback-.
10. PromotionsEasyBroker may, at its sole discretion, make any type of action tending to promote the Services such as discounts or bonus to the Plans or fees of the Services (hereinafter, the “Promotions”). In this case, EasyBroker shall regulate and inform the Users regarding the terms and conditions applicable to said Promotions.
11. “Free” PlanThe User may access the EasyBroker Platform and some of its functionalities - i.e. some functionalities of the EasyBroker Platform may be inaccessible - for an unlimited time, for the purpose of testing the EasyBroker Platform and the EasyBroker Services in order to evaluate their use.
12. Cancellation and Termination by the Administrator Agent UserAs Users you are solely responsible for the correct cancellation of your Administrator Agent Account and its associated Agent Users. To this end, you must cancel your account within the EasyBroker Platform by logging in to your EasyBroker account, clicking on the gear (Settings), within the section “Plans and Billing”. There you will find a section called “How to cancel my account?” with a link to the cancelation button. Once you confirm the cancelation, you will receive a notice via email notifying you that your account has been successfully cancelled and that no further charges will be made to your credit card.
When cancelling your Administrator Agent Account, its content, and the content of all he linked Agent User Accounts will be immediately destroyed and deleted. One the account has been cancelled, the information cannot be recovered, therefore it is important to understand that it will be your sole responsibility to independently safeguard the information and to make the security copies you deem appropriate. EasyBroker and/or its related companies and/or entities shall have no liability for the removal of the content and information according to the above. In the case you have cancelled one Agent User Account, the content generated therein will remain available in the Administrator Agent Account it is linked to.
Notwithstanding the foregoing EasyBroker may, at its sole discretion, keep the information of the accounts in case you want to re-activate the Agent User Account.
If you cancel de service before the end of the paid month, the cancellation will immediately take effect and no new charge shall be charged.
13. Cancellation and Termination by EasyBrokerThe infringement of any of the Terms of Service, in particular, the infringement of the prohibitions set forth in Section 20 herein or to the applicable legislation, will empower EasyBroker, at its sole discretion, to terminate any relationship with the Agent User, disable, suspend and/or cancel the Agent User Account or Administrator Agent Account together with all the Agent User Accounts linked thereto.
Furthermore, and without prejudice to the fact that EasyBroker does not supervise, monitor, edit, approve or manage in any manner the content that the Agent Users manage, edit, publish, host, create and/or in any manner treat or process within the EasyBroker Platform, EasyBroker reserves the right but not the obligation to remove the content and/or Agent Users Accounts and/or Administrators Users Accounts with content that, in the opinion of EasyBroker, is considered an infringement of these Terms of Service.
Any verbal, written, physical or other abuse (including threats of abuse or retribution) to any User, client, prospect, employee, shareholder, director, member or officer of EasyBroker, will result, if so decided by EasyBroker at its sole discretion, in the immediate termination of the Agent User Account or Administrator Agent Account – as the case may be-.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by EasyBroker) of other Users, we reserve the right to disable the Agent User Account or Administrator Agent Account – as the case may be - or detain your file hosting until you can reduce your bandwidth usage.
Finally, EasyBroker, at its sole discretion, has the right to suspend or terminate the Agent User Account or Administrator Agent Account together with all or some of the Agent User Accounts, and refuse any and all current or future use of the Service and/or the EasyBroker Platform at any time should it be deemed necessary with no need to justify its decision to the User under consideration. Said termination will result in the deactivation, cancellation of the Agent User Account or Administrator Agent Account together with any or all of the linked Agent User Accounts and/or the inability to access to said accounts and in the cancellation and destruction of all the content hosted therein. All this will not give right to any compensation or liability for EasyBroker and/or related companies and/or entities.
14. Modifications to the Service and PricesEasyBroker reserves the right to change or discontinue the EasyBroker Platform and/or any of its features and/or the Service with or without notice at any time.
Prices of all the Plans, Services, including but not limited to the monthly, semi-annual and/or annual subscription plans – as the case may be – are subject to change upon 30 days’ notice from us. We shall serve such notice in written form by email, website or telephone.
EasyBroker shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
15. Availability and functionalityThe availability and functionality of the EasyBroker Platform depend on several factors, such as the communication networks, software, hardware, and providers of services. Considering this, EasyBroker does not guarantee or assure that the EasyBroker Platform, the Website, the Services, and the contents associated thereto, will operate at all times and uninterrupted, or that it is error-free. Neither does it guarantee that certain services depending on third parties will always be available in the future. To the full extent permitted by the applicable laws, neither EasyBroker nor the companies or entities related thereto, are liable for any damage, detriment, loss of profit, consequential damage or loss in the equipment that the Users or Agent Users nor in the business of the User, Agent User, authorized persons and/or third parties due to failures of the EasyBroker Platform or of platforms or services of third parties linked to the EasyBroker Platform, including failures in the technology, system, server or internet.
Without prejudice to the above, and only in relation to the hosting service offered by EasyBroker, we inform that we ensure 99% of availability of the service. In the event that such standard of service cannot be complied with, EasyBroker may make a refund of the monthly amount paid therefor. Finally, User understands that EasyBroker reserves the right to review, amend, improve or interrupt the Platform and/or its features or operation whenever it considers it appropriate and without prior notice to the Users or Agent Users. Therefore, access to the EasyBroker Platform may be suspended temporarily and without prior notice in the case of a system failure, maintenance, revisions or repair operations or for other reasons. In this context, EasyBroker shall not be responsible for any damage that the suspension or interruption of the EasyBroker Platform may cause.
16. LiabilityThe use and employment of the EasyBroker Platform or of the Services offered by EasyBroker or by Third-Party Services (as described below) and/or of any other service of EasyBroker, is at the sole risk and consent of the User. The Services offered by EasyBroker or by Third-Party Services and the EasyBroker Platform are provided on a “as is” and “as available” basis, and the User agrees not to hold EasyBroker liable for any damages that may arise.
EasyBroker does not guarantee that (i) the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services meet your specific requirements; (ii) the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services will be accurate or reliable; (iv) the quality of any kind of material purchased by the User through the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services will meet your expectations and (v) any errors in the EasyBroker Platform and/or the Services offered by EasyBroker and/or by Third-Party Services will be corrected. The User expressly acknowledges and agrees that EasyBroker shall not be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited, to damages for loss of profits, goodwill, use, data or other intangible losses (even if EasyBroker has been informed of the possibility of such damages) resulting from: (I) the use or inability to use the EasyBroker Platform and/or Services offered by EasyBroker or Third-Party Services; (II) the cost of procurement of substitute goods (merchandise) and services resulting from any goods (merchandise), data, information, or services purchased or obtained, or messages received or transactions entered into through the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services; (III) unauthorized access to or alterations to your transmissions or data; (IV) statements or conduct of any third party on the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services; (V) or any other matter or issue related to the EasyBroker Platform and/or the Services offered by EasyBroker or by Third-Party Services.
The failure of EasyBroker to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between the User and EasyBroker and govern your use of the Service, replacing any prior agreements between the User and EasyBroker (including, but not limited to, any earlier versions of the Terms of Service).
17. Waiver of Joint ActionsTo the extent permitted by law, the User waives the right to participate as claimant or participating member in any collective claim, class action, joint arbitration, public indictment or any other representative or consolidated proceeding. Unless the parties agree on the contrary in writing, the arbitrator cannot consolidate more than one claim filed by one person or in any manner chair any form or type of representative procedure.
18. SecurityPROTECTING THE SECURITY OF THE USERS IS ESSENTIAL FOR EASYBROKER. THEREFORE, EASYBROKER HAS ADOPTED REASONABLE SECURITY MEASURES WITHIN ITS TECHNOLOGICAL AND ECONOMIC REACH TO PROTECT THE INFORMATION AND PRIVACY OF THE USERS AND OF EASYBROKER, AND TO PREVENT THE UNAUTHORIZED ACCESS TO DATA OR ANY UNAUTHORIZED AMENDMENT, DISCLOSURE OR DESTRUCTION THEREOF. NOTWITHSTANDING THE FOREGOING, AS USER YOU UNDERSTAND AND ACCEPT THAT DUE TO THE OWN NATURE OF INTERNET AND THE COMPUTER SYSTEMS, THEY CAN BE VULNERABLE IN GENERAL. THEREBY, EASYBROKER DOES NOT GUARANTEE THAT THE EASYBROKER PLATFORM BE ALWAYS SAFE OR FREE FROM FAULTS, MISTAKES OR DEFECTS, OR THAT IT ALWAYS OPERATES WITHOUT INTERRUPTIONS, DELAYS OR DEFICIENCIES, OR THAT IT BE USEFUL FOR A SPECIFIC OUTCOME OR PURPOSE, ASSUMING EASYBROKER NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN THIS RESPECT. CONSEQUENTLY, EASYBROKER WILL NOT BE LIABLE FOR ANY DAMAGES DIRECTLY OR INDIRECTLY DERIVED FROM THE USE OF THE EASYBROKER PLATFORM.
Considering the foregoing and that EasyBroker does not guarantee the availability of access and continuity of operations of the Platform and its modules at all times, EasyBroker shall not be liable, under any circumstance, for the damages caused as a consequence of the unavailability, access failures, lack of continuity thereof, use or inability to use the Services or the EasyBroker Platform, or for the Listings, contents and/or information hosted or processed on the EasyBroker Platform and/or through its Services.
19. Third-Party ServicesThe EasyBroker Platform contains links and access to services of websites, platforms and/or technologies of third parties that are not property of or controlled by EasyBroker, as the case of portals for the marketing of real estate intended for consumers, hosting services, services for the registration of domain names, among others (hereinafter, the “Third-Party Services”). In particular, you accept and acknowledge that the access to the Third-Party Services on the Internet is carried out under the responsibility of the User. EasyBroker has no control over them and assumes no liability for the content, legality, available features, terms of use, privacy policies or the practices of any third-party service. In this respect, the User expressly releases EasyBroker and the companies and/or entities related thereto, including their directors, dependents, agents, representatives, associates, contractors and/or subcontractors, from any liability that may arise from the use of any Third-Party Service. Consequently, User is reminded to carefully read the terms and conditions and the privacy policy of each one of the Third-Party Services with which the User interacts.
EasyBroker allows the integration with certain Third-Party Services through a communication Interface (API) for the management and administration of information and databases. The User acknowledges and agrees to be bound by the conditions of the Third-Party Services for any legal consequence, including possible service costs, directly or indirectly generated through the Third-Party Services that have been integrated. In no event shall EasyBroker be liable for failures or inconsistencies or the like of the API or of the Third-Party Services.
With regards to the connection with the portals and/or sites for advertising and marketing of the properties in the real estate market, Users and Agent Users are herein informed that the third parties that manage or are the owners of the portal or site under consideration may require the prior registration in the portal or site under consideration and/or the payment of the corresponding subscription for said portal or site and/or for advertising therein. All of this is external to EasyBroker and is completely independent and not related to the fees, charges or Plans you may contract with EasyBroker.
The inclusion, link, integration, use or access to any site or Third-Party Service from the EasyBroker Platform does not imply in any way the approval, performance guarantee or soporte from EasyBroker to said sites or Third-Party Services.
20. Use of the EasyBroker Platform, the Website and its ServicesUsers and Agent Users are bound to accept the Terms of Service, to use the EasyBroker Platform, the Website and its Services in good faith, for legitimate purposes and according thereto, and to comply with all the applicable regulations, respecting rights and property of third parties.
By accepting these Service Terms, you undertake not to use or allow the use, by any Agent User linked, associated, or related to your Administrator Agent Account and/or entity, of the Services and/or the EasyBroker Platform and/or the Website for the following purposes or uses that are expressly prohibited:
- EasyBroker illicit purposes; illegal, fraudulent, false or misleading activities or activities not authorized by EasyBroker;
- mislead, adjust, modify, falsely state that someone is associated or related to the Service or with EasyBroker;
- upload, post, fix, host or dispatch unsolicited emails, SMS and/or spam mails or the like that are prohibited by the applicable regulations;
- infringe rights of other users and/or third parties;
- gather, treat and/or publish data and information of persons without their express consent when so required by the applicable regulations and/or extract or process any information contrary to the applicable regulation;
- use the Services negligently or in a manner that involves an abuse, interference or interruption of the networks of the EasyBroker Platform and/or the Services;
- transmit, store and/or in any manner process through the EasyBroker Platform, any data, content, listing, information or material that may infringe the intellectual property, privacy or other rights of third parties;
- copy, modify, alter, adapt, make available, reverse engineer, decompile o disassemble any part of the EasyBroker Platform and/or any characteristic, feature or graphic of the EasyBroker platform;
- reproduce, duplicate, copy, sell, or exploit, in whole or in part, the EasyBroker Platform, its tools or features or any content of EasyBroker without the express written consent of EasyBroker;
- reproduce, duplicate, copy, sell, resell, distribute, and exploit any part of the Service and/or the EasyBroker Platform, allow the access or the use to a third party and/or use in favor of a third party the Services and the Platform without the express written consent of EasyBroker;
- upload or transmit any content, information, software or code that damages or intends to damage, disable, destroy or adversely affect the performance of the EasyBroker Platform in any manner or that damages or intends to damage or extract information or data from other hardware, software, servers and/or networks of EasyBroker or from other users of the EasyBroker Platforms and the Services and/or disobey the laws or regulations or requirements, proceedings, policies or regulations of said servers or networks;
- participate in any activity or use the EasyBroker Platform and/or the Services in a way they may damage, disable, overload, disrupt or interfere or affect in any manner these or any server or network connected to the EasyBroker Platform or to the security systems of EasyBroker; and
- use the EasyBroker Platform and/or the Services in a manner that infringes any policy of EasyBroker or otherwise constitutes an infringement of the applicable laws, including, among others, privacy, confidentiality and personal data protection laws and laws anti-spam.
Access to the EasyBroker Platform, the Website and the Services associated thereto may imply the treatment of personal data subject to the Privacy Policy available through the following link https://www.easybroker.com/mx/privacy that is an integral part of the present Terms of Service, complementing them.
22. Intellectual PropertyThe Platform, the trademarks, logos and any other rights of intellectual property related thereto, including, without limitation, the inventions, patents and patent applications, trademarks, trade names, logos, copyright material, graphics, texts, images, designs (including the “look and feel” of the EasyBroker Platform), specifications, methods, proceedings, algorithms, data, technical data, interactive features, source and object code, files, interface, graphical user interface, trade secrets, all of them registered or not, are the property and/or license of EasyBroker and/or of the companies and/or entities related thereto and shall be subject to copyrights and other rights of industrial property by virtue of the applicable laws and international conventions.
Unless expressly allowed in these Terms of Service, you cannot copy, distribute, reproduce, show, give access to third parties, publicly perform, place at the disposal of the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, conduct any compilation process, do reverse engineer, combine with other software, translate, amend or create derivative works from any material subject to property rights of EasyBroker, either by yourself or by any person on your behalf, in any form and by any means.
23. AssignmentEasyBroker may assign, transfer, delegate or dispose of the rights or obligations derived from its relationship with the Agent User or from its contractual position, in whole or in part, and/or delegate the management of the EasyBroker Platform and/or any of its features and/or Services. For this purpose, the Agent User grants its prior consent for the performance of these actions.
24. Amendment to the Terms of ServiceEasyBroker may at any time and without prior notice, make changes and updates to the present Terms of Service. These changes shall be published in the EasyBroker Platform and will be effective as from the date of publication. As a consequence of the above, we encourage you to periodically review if there are any changes in the Terms of Service given that the continued use of the EasyBroker Platform by the User and Agent User will imply full acceptance thereof. If you do not agree with the updates or changes of the Terms of Service, you shall refrain from using the EasyBroker Platform and its Services.
EasyBroker states that the EasyBroker Platform, the Website and/or the Services can be provided and/or managed and/or operated in the future by a person or entity different from the current one and that for said transfer in the administration and operation of the EasyBroker Platform and/or the Website and/or the Services no reliable notice or prior or further consent by the User or Agent User is needed, who accepts in accordance.
25. Applicable LegislationAny issue relating to the Terms of Service, as well as any issue that lies in and is related, in whole or in part, to the EasyBroker Platform and the Services is governed in each of its points by the Laws of the State of Florida, United States of America.
26. ContactIf you should have any queries or consultations regarding these Terms of Service and/or any other point of EasyBroker, the EasyBroker Platform and/or the Services, you may contact our soporte team by email to: hola@easybroker.com