End-User License Agreement
This End-User License Agreement ("EULA" or "License") is entered into between you ("Licensee", "Customer") and AgenciaSoft / Michalka Summit s.r.o. ("Licensor", "Realtopus"). It governs your license to use the Realtopus real-estate CRM platform (the "Software"). This License supplements and is incorporated into the Terms of Service. By subscribing to and using the Software, you accept this License.
1. License grant
Subject to your payment of the applicable fees and your compliance with this License and the Terms of Service, Licensor grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your own internal business operations as a real-estate office or brokerage, for the duration of your active subscription.
2. Per-tenant scope
The license is granted on a per-tenant basis. You are provisioned a single dedicated instance of the Software (your "Tenant") on a dedicated subdomain and a dedicated, isolated database. The license covers use by your authorized users up to the number of agent seats you have paid for. Each named user must use their own credentials; credentials may not be shared. The Software may be used only within your own Tenant and may not be redistributed.
3. Fees and license term
- One-time license fee. A one-time license fee (currently US$299) is payable at the commencement of your subscription. This fee is non-refundable and grants you the right to operate your Tenant in accordance with this License for as long as your subscription remains active.
- Per-seat subscription. Continued use requires an active subscription billed monthly per agent seat. If your subscription lapses or is cancelled, the license to use the Software ends at the close of the paid period.
- Auto-renewal & cancellation. The subscription renews automatically and may be cancelled at any time, with effect at the end of the current billing period, as set out in the Terms of Service.
4. Restrictions
You may not, and may not permit any third party to: (a) copy, modify, translate or create derivative works of the Software except as expressly permitted; (b) reverse engineer, decompile or disassemble the Software, or attempt to derive its source code, except to the extent such restriction is prohibited by law; (c) rent, lease, lend, sell, sublicense, assign, distribute, host or otherwise commercially exploit the Software or make it available to any third party other than your authorized users; (d) remove or alter any proprietary notices; (e) use the Software to build or assist in building a competing product; or (f) exceed the licensed number of seats.
5. Ownership
The Software is licensed, not sold. Licensor and its licensors retain all right, title and interest in and to the Software, including all intellectual-property rights. No rights are granted other than those expressly stated. As between the parties, you retain ownership of all data you enter into your Tenant ("Customer Data"); this License does not affect your ownership of Customer Data.
6. Customer Data and dedicated database
Your Customer Data is stored in a dedicated database for your Tenant, logically isolated from other customers. You are responsible for the content and lawfulness of your Customer Data and for obtaining all rights and consents needed to process it through the Software. Licensor processes Customer Data only to provide the Software and as described in the Privacy Policy.
7. Updates
Licensor may provide updates, patches and new versions of the Software, which are covered by this License. Licensor may modify or discontinue features over time.
8. Acceptable use
Your use of the Software is subject to the acceptable-use provisions of the Terms of Service, including compliance with applicable real-estate, fair-housing, anti-spam and data-protection laws.
9. Warranty disclaimer
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS LICENSE WILL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, AND LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR DATA.
11. Termination
This License terminates automatically if you breach it or if your subscription ends. On termination you must cease using the Software. Licensor will make Customer Data available for export for a reasonable period after termination, after which it may be deleted.
12. Governing law
This License is governed by the laws of the Slovak Republic, the jurisdiction of the Licensor Michalka Summit s.r.o., without regard to conflict-of-laws rules, subject to any mandatory protections of your local law.
13. Provider
Licensor / provider of the Software: AgenciaSoft / Michalka Summit s.r.o. Contact: [email protected].