Terms of Service

By creating an account, accessing, or using Captemos (the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Captemos ("we," "us," or "our").

If you are using the Platform on behalf of a company, real estate agency, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Platform.

Captemos is a software-as-a-service (SaaS) platform designed for luxury real estate professionals operating in Marbella, Spain, and surrounding areas. The Platform provides:

• Property portfolio management for rental and sales listings
• Tenant lead tracking, qualification, and AI-powered lead scoring
• Landlord relationship management and communication tools
• Integrated WhatsApp messaging for client communications
• AI-assisted property matching between tenant requirements and available inventory
• Market radar tools aggregating listings from external property portals
• Analytics dashboards and performance reporting

We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time, with reasonable notice where practicable. We may offer new features, tools, or resources that shall also be subject to these Terms.

To access the Platform, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account, whether or not you authorized them
• Promptly notifying us of any unauthorized access or security breach
• Keeping your account information, including your email address and contact details, up to date

We reserve the right to suspend or terminate accounts that are inactive for an extended period, contain false information, or violate these Terms. Account approval is at our sole discretion, and we may require additional verification for certain account types.

Captemos offers a free trial period for new users. Following the trial, continued access requires an active paid subscription. By subscribing, you agree to:

• Pay all applicable fees as displayed at the time of purchase
• Provide valid and up-to-date payment information
• Authorize recurring charges at the start of each billing cycle unless you cancel before renewal

All fees are quoted in euros (EUR) and are exclusive of applicable taxes unless stated otherwise. We may adjust pricing with at least 30 days' advance notice before the next billing cycle. Refunds are handled on a case-by-case basis and are not guaranteed.

You agree not to use the Platform to:

• Violate any applicable local, national, or international law or regulation, including but not limited to Spanish data protection laws and the EU General Data Protection Regulation (GDPR)
• Send unsolicited, bulk, or spam messages through our WhatsApp integration or any other communication channel
• Upload, transmit, or distribute content that is defamatory, fraudulent, misleading, or infringes on the rights of others
• Attempt to gain unauthorized access to other user accounts, Platform systems, or third-party services connected to the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use automated tools, bots, or scrapers to extract data from the Platform without our express written permission
• Impersonate another person or entity, or misrepresent your affiliation with a person or entity

Violation of this section may result in immediate suspension or termination of your account without prior notice.

The Platform includes integration with WhatsApp for business communications. By using this feature, you acknowledge and agree that:

• You are responsible for obtaining appropriate consent from recipients before sending messages through the Platform
• All messages sent via the integration must comply with WhatsApp's terms of service and applicable anti-spam regulations
• Message delivery depends on third-party services and is not guaranteed by Captemos
• Conversation data processed through the integration is subject to our Privacy Policy

Your use of the Platform is also governed by our Privacy Policy. You retain ownership of all data you upload to the Platform, including property listings, lead information, and communications. By using the Platform, you grant us a limited licence to process, store, and display your data solely for the purpose of providing the service.

We implement industry-standard security measures to protect your data. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining backups of your critical data.

The Platform, including its design, source code, algorithms, AI models, logos, trademarks, and all associated documentation, is the exclusive property of Captemos and is protected by applicable intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose. This licence does not permit you to reproduce, distribute, modify, or create derivative works based on the Platform.

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without obligation or compensation to you.

To the maximum extent permitted by applicable law, Captemos and its directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform
• Loss of profits, revenue, data, or business opportunities, whether direct or indirect
• Errors, inaccuracies, or omissions in AI-generated content, lead scores, property match recommendations, or market data
• Actions taken by third parties, including WhatsApp, property portal providers, or other integrated services
• Service interruptions, downtime, or data loss caused by circumstances beyond our reasonable control

In no event shall our total aggregate liability exceed the amount you paid to Captemos in the twelve (12) months preceding the claim. The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied.

You may cancel your account at any time through the Platform settings or by contacting our support team. Upon cancellation, your access will continue until the end of your current billing period.

We may suspend or terminate your account immediately, without prior notice, if we reasonably believe you have violated these Terms. Upon termination:

• Your right to access and use the Platform ceases immediately
• We may delete your account data after a reasonable retention period of thirty (30) days, during which you may request a data export
• Any outstanding fees remain due and payable
• Provisions that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) shall remain in effect

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain. Any disputes arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Malaga, Andalusia, Spain.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

We reserve the right to update or modify these Terms at any time. When we make material changes, we will notify you by updating the "Last updated" date at the top of this page and, where appropriate, by sending an email to the address associated with your account.

Your continued use of the Platform after any changes take effect constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

If you have questions, concerns, or requests regarding these Terms of Service, please contact us: