Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Realtopus real-estate CRM software-as-a-service platform and any related websites, subdomains and services (collectively, the "Service"). The Service is provided by AgenciaSoft / Michalka Summit s.r.o. ("Realtopus", "we", "us" or "our"). By signing up for, accessing or using the Service, you ("Customer", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Realtopus is a customer-relationship-management platform for real-estate offices and brokerages. Each Customer is provisioned a dedicated instance of the Service on its own subdomain (e.g. yourbrokerage.realtopus.com) backed by a dedicated database. Features may include deal pipelines, listing and buyer management, viewings, contract and invoice generation, commission tracking, team messaging, calendar synchronization and related tools, which may change over time.

2. Accounts and eligibility

You must provide accurate registration information and are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must be at least 18 years old and authorized to bind the organization you represent. You are responsible for the conduct of every user (agent, manager, administrator or other seat) you add to your instance.

3. Subscriptions, seats and billing

• Per-agent subscription. The Service is billed on a recurring monthly basis at a per-agent ("per-seat") price. Your subscription quantity equals the number of agent seats you select at checkout, and your monthly charge is the per-seat price multiplied by that quantity.
• One-time license fee. A one-time license fee (currently US$299) is charged at the start of your subscription in addition to the recurring per-seat charges, as described in the License Agreement.
• Auto-renewal. Subscriptions renew automatically each billing period until cancelled. By subscribing you authorize us and our payment processor to charge your payment method on each renewal.
• Cancellation. You may cancel at any time; your subscription remains active through the end of the current paid billing period and will not renew thereafter. Fees already paid are non-refundable except where required by law. The one-time license fee is non-refundable.
• Changes in seats. Adding seats may increase your charge on the next invoice (and may be prorated). Removing seats takes effect at the next billing period.
• Taxes. Stated prices exclude taxes; you are responsible for any applicable sales, use, VAT or similar taxes.
• Payment processing. Payments are processed by Stripe. We do not store full card numbers; your use of payment features is also subject to Stripe's terms.

4. License grant

Subject to these Terms and the separate End-User License Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business operations during your subscription term. The detailed grant, restrictions and the scope of the per-tenant license are set out in the License Agreement, which is incorporated into these Terms by reference.

5. Acceptable use

You agree not to, and not to permit any user to:

• use the Service in violation of any applicable law, including real-estate, fair-housing, anti-spam, consumer-protection or data-protection laws;
• upload or transmit unlawful, infringing, defamatory or malicious content, or material you lack the right to use;
• attempt to gain unauthorized access to the Service, other tenants' instances or our infrastructure, or probe, scan or test the vulnerability of any system;
• reverse engineer, decompile, copy, resell, rent or provide the Service to third parties as a service bureau, except as expressly permitted;
• interfere with or disrupt the integrity or performance of the Service, or send unsolicited bulk communications through it;
• use the Service to build a competing product.

6. Customer data and ownership

As between the parties, you own all data you and your users submit to the Service ("Customer Data"), including your contacts, listings, deals and documents. We claim no ownership of Customer Data. You grant us a limited license to host, process and transmit Customer Data solely to provide and support the Service. Each Customer's data resides in a dedicated database isolated from other Customers. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents to provide it to us.

7. Privacy and data protection

Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf, we act as a processor and you as the controller; we will process such data only on your documented instructions and apply appropriate technical and organizational measures, consistent with applicable data-protection laws including the GDPR.

8. Availability and support

We aim to keep the Service available and reliable but do not guarantee uninterrupted operation. We may perform maintenance and may modify or discontinue features. Support is provided by email and, on eligible plans, with priority handling. The Service is provided without any specific uptime warranty unless agreed separately in writing.

9. Intellectual property

The Service, its software, design, trademarks and all related intellectual property are and remain owned by Realtopus / Michalka Summit s.r.o. and its licensors. Nothing in these Terms transfers any such rights to you other than the limited license expressly granted.

10. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms, except as required by law.

11. Term and termination

These Terms apply for as long as you use the Service. We may suspend or terminate your access for material breach (including non-payment) or unlawful use, after notice where practicable. Upon termination your right to use the Service ceases. We will make Customer Data available for export for a reasonable period after termination, after which we may delete it.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. THE SERVICE IS NOT A SUBSTITUTE FOR LEGAL, FINANCIAL OR PROFESSIONAL ADVICE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You will defend and indemnify Realtopus against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms or applicable law.

15. Governing law and disputes

These Terms are governed by the laws of the Slovak Republic, the jurisdiction of the provider Michalka Summit s.r.o., without regard to conflict-of-laws rules, and the courts having jurisdiction at the provider's seat will have exclusive jurisdiction, unless mandatory consumer-protection law of your residence provides otherwise. Nothing in this clause is intended to deprive you of mandatory protections of your local law.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted here with an updated date and, where appropriate, notified to you. Continued use after changes take effect constitutes acceptance.

17. Contact

Questions about these Terms: [email protected] — AgenciaSoft / Michalka Summit s.r.o.