This contract regulates the general terms and conditions of use of the platform owned by GESTORIAL SERVICIOS DIGITALES, S.L. , hereinafter GESTORIAL, with NIF B06844948 and address at Plaza Mestre Ferrero 5, 46870 Ontinyent, Valencia, Spain, through its website www.gestorial.es or its subdomains (“the Website”) or the Platform https://app.gestorial.es  (“the Platform”).

At the time the User completes the registration process (through the Website or our technical team), the User expressly accepts and submits to the clauses specified below, as well as the Conditions of Use of the Website and our Privacy Policy. Privacy. The user acknowledges having sufficient legal capacity to be contractually bound and possessing the necessary technical requirements to use the Gestorial platform.

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1. PURPOSE OF THE SERVICE

1.1 By accepting these Terms and Conditions, GESTORIAL will provide the User with the services that consist of making the SaaS platform owned by GESTORIAL available to them for the permitted purpose, later set out in section 4.

Gestorial offers different features and functionalities depending on the types of account granted to a user account, stated in section 2, which will determine the type of user access to our Platform. The same user cannot have two types of accounts, but a natural or legal person can have two types of accounts, differentiating the use of the Management platform in professional and personal scope and operations. The accounts are differentiated into personal and professional. The personal ones have roles according to their connection to the operation and the professional ones have account types and subtypes depending on the permissions granted to said types. Professional accounts must pay as consideration for these services the price derived from their type and subtype on the platform for the use of it, referring to compliance with what is established and agreed upon, if any, in the license contract / license agreement. subscription between Manager and said professional users/client and/or users.

1.2 The GESTORIAL Platform is a web application in the cloud (SaaS) for management and intelligent document preparation of real estate sales, which allows Users to work together within private work spaces created by professional users, and which allows incorporate (upload), inform and modify on the platform, all the necessary documentation to be able to carry out a real estate operation, parameterizing the operations and sending reminders of the necessary tasks to streamline, facilitate, centralize and improve the user experience in the process of real estate sales.

1.3 Gestorial's main mission is to improve the real estate transaction and transfer processes, which is why it will offer different solutions and services focused on said improvement, helping and facilitating connections between the different participants and offering and facilitating services and products through the platform so that said users have the aforementioned processes easier and more agile.1.4 The prior and express acceptance of these Terms and Conditions is a necessary condition for the use of the Platform by any person.

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2 DEFINITIONS

Terms and Conditions

The general terms and conditions of use of the Platform established in this document, which any User must expressly accept and previously give their consent to acquire the right to provide the Services and use the Platform.

User

Natural or legal person who registers on the GESTORIAL platform, and creates an account by entering their User ID or email if applicable, provides their required personal data and, subject to prior agreement and express acceptance of these Terms and Conditions, is enabled to access legally to the Services of the GESTORIAL Platform, in such a way that you are authorized to access and use said platform. Users are divided into two groups, Personal Users and Professional Users.

Personal user

Personal user accounts are those whose purpose is to act as buyers or sellers in a real estate transaction.

Professional user

Professional user accounts are those that use the platform for the daily operations of their work environment.

Role

Role is understood as a classification within personal user accounts, which is linked to their involvement in each operation. A personal user can have different roles, as many as there are operations within the platform. The roles are seller part and buyer part.

Guy

Type is understood as the general groups of permissions, characteristics, and functionalities of a professional user account.

Subtype

Subtype is understood as the subgroups of permissions, characteristics, and functionalities of a professional user account within the type in which they are framed.

Types and subtypes

Type 1: REAL ESTATE

Subtype 1.1: Manager

Subtype 1.2 Agent

Subtype 1.3 External

Type 2: NOTARY

Subtype 2.1: Manager

Subtype 2.2 Agent

Subtype 2.3 External

Type 3: FINANCIAL ENTITIES

Subtype 3.1: Manager

Subtype 3.2 Agent

Subtype 3.3 External

Type 4: MANAGEMENT.

Subtype 4.1: Manager

Subtype 4.2 Agent

Subtype 4.3 External

The external subtypes have no contractual relationship with Gestorial and their relationship with Gestorial will be governed by the terms and conditions, privacy policies and other documents and contracts reflected and publicly displayed on the website and webapps.

Commercial team

GESTORIAL staff who will contact clients directly to advise them on our Services taking into account their needs.

User ID

Set of alphanumeric characters that serve to identify a User in order to grant them access to the Platform.

User account

Personal and non-transferable account that allows access to the Gestorial SaaS application and that may or may not be framed in a license or subscription of use.

Service Plan

The Service packages that GESTORIAL offers to its clients and/or users and that are always accessible and updated on the WEB.

Platform

The cloud software (SaaS) through which Users are allowed to access the GESTORIAL Services based on the roles, types and subtypes with their different permissions and functionalities that have been assigned to them.

MANAGEMENT SERVICES

The services offered by GESTORIAL based on the Service Plan chosen by the client and/or user, in addition to the Associated Services, which may also be contracted independently, as well as other services intended for maintenance, updates, modifications or new versions of the Platform, training, technical support, commercial support, among others.

Platform Services

The functionalities of the Platform that GESTORIAL offers to Users based on the roles, types and subtypes with their different permissions and functionalities that have been assigned to them.

Website:

Gestorial website (www.gestorial.es) and its subdomains through which information about the Services is provided and access to the Platform is permitted.

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3. ACCOUNT CONDITIONS

To access the service you must be over eighteen years of age (18) or emancipated over sixteen years (16). A full legal name, email address, and all information required by Gestorial must be provided in the account creation process.

It is the user's responsibility to provide truthful information, and Gestorial reserves the right to delete any account if its veracity is suspected or if it may violate any of Gestorial's rules of use. The user is responsible for maintaining the privacy of his or her account. Gestorial will not be responsible for any damage or loss that may result from a user error in protecting their access information.

The parties agree to legally equate the handwritten signature of the client and/or user with that made using any other type of key, code or identifying security element. Without prejudice to the foregoing, the service provider may require written confirmation from the client and/or user when it deems necessary.

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4. TYPES OF CONTRACT

In the modality of professional users, the contracting of a Gestorial payment plan begins at the moment in which the user enters the card data and makes a first payment in the case of online contracting, or the signature and the payment of the personalized proposal sent by a Gestorial salesperson, in which case said contract will be referred to to compute the beginning of the contractual relationship. In no case will credits or refunds be made. If the user exceeds any of the limits of their rate, they will have to face these expenses. Gestorial reserves the right to change the price and service conditions at any time, with 15 days' notice, via e-mail. The contract will be reviewed annually increments, according to the I.P.C.

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5. PAYMENT AND ACCESS

To make payments, you must present a valid bank card or sign a SEPA direct debit. Gestorial will periodically charge a recurring fee depending on the type of account you have contracted and for specific services through direct contracting.

Regarding the subscription service, each period is charged in advance and is non-refundable. There will be no refunds or credits for partial months of the Service, nor will there be refunds in the event that the user does not use the Service during the period of time that the account is open.

In some cases exceptions will be made. The client and/or user accepts that it will not be necessary to confirm receipt of acceptance of the contract when it has been concluded exclusively by electronic communication.

If the user is charged based on their volume of emails, SMS or storage size, their card will not be charged with the new amount until the next billing date. From now on, your next billing will be charged to your card for the new amount, unless the account is canceled. In the event of non-payment or return of the receipt, you will be notified of the non-compliance and you will automatically lose the ability to access the Service. Data will be deleted within thirty (30) days from the date of breach.

No fees include any taxes or duties required by your government authorities. The user is responsible for paying these taxes or obligations. The user decides who has the right to enter their account with the role they consider appropriate.

5.1 Right of Withdrawal:

Given that GESTORIAL payment accounts (professional users) are intended solely for professional use, the provisions of Royal Legislative Decree 1/2007, of November 16, on the Defense of Consumers and Users, on the right to desistance.

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6. MODIFICATIONS TO THE SERVICE AND PLANS

Gestorial reserves the right to modify or suspend, temporarily or permanently, the service at any time and for any reason with 24 hours' notice or without prior notice if no notice can be given. Gestorial reserves the right to change monthly fees with 15 days notice. Notification of quota changes will be published on the Gestorial website and via email.

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7. PERMITTED PURPOSE:

The permitted purpose is defined as the proper use of the Management platform, this being the preparation of sales, transactions, transfers of use, transfers of ownership in the real estate field and the processing of all the information, acts and documents necessary and linked for the celebration. of said act. These include:

- The upload and sending of documentation and information of a personal, legal or fiscal nature about the different participants linked to the operation as well as about the properties linked to it, both their physical and legal, juridical and fiscal status.

- Contact between users and for the joint preparation of real estate operations. Parameterization and notification through chats and/or reminders of the tasks necessary to prepare operations.

- The acquisition or processing of different products or services necessary or derived from said real estate operations.

The use of the platform by any user for any other use or purpose that does not fall within said definition of permitted purpose is strictly prohibited without the prior consent of Gestorial, with users being fully responsible for any improper and/or illegal uses that said users use the tools and platform made available to you by Gestorial for the permitted purpose. Gestorial reserves the right to cancel user accounts at any time when improper and/or illegal use is observed and to claim, where appropriate, damages arising from such acts and that may harm Gestorial in all its areas.

The only permitted use of the Platform being for the permitted purpose and in accordance with the Terms and Conditions established here, the client and/or user undertakes to:

Do not use the legitimately permitted access to the Platform to compete directly or indirectly with the Services offered by GESTORIAL.

Do not use SaaS data and processes for procedures that do not have the permitted purpose. In particular, any copying (including backup copies), distribution or modification (including error correction and creation of successive versions) of the SaaS, or any of its elements, in whole or in part, is prohibited, and in particular , when these acts are carried out for one's own benefit or for the benefit of third parties.

Do not use or link the SaaS in activities contrary to law, morality and public order. Thus, the client and/or user (Licensee) undertakes not to use the SaaS for purposes or effects that are illicit, prohibited, or harmful to the rights and interests of third parties, exempting GESTORIAL from any liability that may arise from this.

Do not translate, adapt, fix the SaaS, or in any other way transform or modify it without the prior express written authorization of GESTORIAL. Likewise, the client and/or user (Licensee) may not incorporate the SaaS into another or other products, computer applications or computer programs, except in relation to integrations via API or webhooks expressly accepted.

adated and admitted by the SaaS itself that makes up the Platform depending on the contracted Service Plan.

Do not circumvent, disable, interfere with or eliminate any of the SaaS functionalities and, especially those related to its security or that impose limitations on its use.

Do not subject the SaaS or any of its elements to activities that lead, directly or indirectly, to its decompilation; that involve subjecting them to operations of a reverse nature to those that determined their assembly or that, ultimately, constitute or may constitute operations of regressive or reverse engineering, decompilation or disassembly.

Not use the SaaS or any of the elements that make up it, to develop time-sharing operations, become an application service provider (ASP) to the extent that they are aimed at making possible third-party access to the SaaS or any of its components. components, through rental operations, administrative services or any other of similar consideration.

Do not remove or modify any of the trademarks, logos, copyrights, notices or other indications relating to the ownership of the SaaS without the prior express written authorization of GESTORIAL.

The client and/or user may not assign, transfer, encumber or subrogate in favor of third parties, totally or partially, the rights and obligations established in this Contract, unless the prior, express and written consent of GESTORIAL is obtained. .

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8. WARRANTIES AND MANAGEMENT RESPONSIBILITIES

GESTORIAL is the creator and owner of the Platform. It holds all exclusive rights over the Website and the Platform and guarantees that the SaaS does not violate the intellectual property rights of third parties.

GESTORIAL undertakes to provide the Services applying the utmost diligence, as well as to take care of the maintenance of the facilities necessary for the operation of the network, having adequate technical and computer equipment for this purpose. GESTORIAL may provide the client and/or user with professional support, training, maintenance, updates, modifications or new versions of the Platform, unless otherwise agreed.

Gestorial offers a tool that facilitates processing, preparation and communication for the permitted purpose and in no case supplants human review and verification by operation professionals. In no case does the platform supplant the review, supervision and verification of the documents, procedures or recommendations by said professionals, and Management, its employees or directors are not responsible for any reason, for possible errors and the consequences that arise from them. are derived.

Unless otherwise determined by law, the SaaS is not guaranteed in any way. Therefore, GESTORIAL rejects any other type of guarantee or statement in this regard, whether implicit or explicit, including guarantees of merchantability, title, operation, quality, reliability, lack of violation of rights or lack of suitability for a specific use, as well as any implied warranties that may arise from the course of business or its execution.

GESTORIAL does not guarantee that the SaaS will meet the expectations of the client and/or user, nor does it guarantee its availability and uninterrupted, secure functionality, or free of errors or harmful or malicious components.

GESTORIAL does not guarantee the results, certainty or reliability of the information that may be derived from the use of the SaaS. The client and/or user will be solely responsible for the use of the data, information or documents obtained by them through the SaaS, responsibility that extends to any direct or indirect damages that may arise from said use.

GESTORIAL does not guarantee that there may not be a server outage, although it undertakes to make its best efforts so that any type of interruption is resolved as soon as possible.

The liability of GESTORIAL will not cover consequential damages or lost profits that, whether directly or indirectly, are caused to the client and/or user and, in any case, it may not exceed the amounts that GESTORIAL has received from the client and/or user in execution of the Contract.

GESTORIAL undertakes to maintain maximum caution, diligence and confidentiality with respect to the client and/or user documents uploaded or generated on the Platform to which it has access, and not to process the personal data incorporated therein, under any circumstances. .

GESTORIAL reserves the right to interrupt access to its Services, in particular access to the Platform, at any time and without prior notice whenever the situation requires it, in case of technical, security or supply failure reasons or for any other reason. another cause.

When the Services are contracted by acquiring a certain amount of Licentities of Use (whose number will be specified during the contracting process), GESTORIAL will supply said number of Users, with the client and/or user being the only person responsible to GESTORIAL for any actions or uses contrary to these Terms and Conditions that they may carry out either the users. In particular, the client and/or user will respond to GESTORIAL, holding it harmless, from any claim (judicial, extrajudicial, administrative or of any type) as a result of the violation by one of its Users, or the Guests of these additions, of obligations regarding intellectual or industrial property or publication of material that could be considered inappropriate.

If this occurs, GESTORIAL will contact the client and/or user immediately, requiring them to remove inappropriate content from the Platform or that could violate third-party rights. This will entail a serious contractual breach and will allow GESTORIAL to terminate this Contract. However, GESTORIAL will not subjectively assess whether the content of the client and/or user documentation that is uploaded or generated on the Platform is appropriate or inappropriate. GESTORIAL offers a technological tool in order to improve real estate processes, always assuming that Users will act diligently at all times.

In the event that any loss or misuse of the User ID and/or Password occurs, the client and/or user must modify the latter immediately within a maximum period of twenty-four (24) hours from when they became aware. If this modification is not made within the deadline, the client and/or user will be solely responsible for any damages caused as a result of non-consensual or improper use of their account and workspace, whether to GESTORIAL or any other third.

The documents generated by Users on the Platform will be the exclusive responsibility of the client and/or user, exempting GESTORIAL from any damage or harm that they may cause, directly or indirectly, to third parties.

In the event that a client and/or user contracts the services of Gestorial, so that it is this company (Gestorial) that carries out the processing of the entire file of the purchase and sale operation, in this case, it is understood that if it is authorized by the client and/or user, and by the users, as well as by the guests, to use the data and documents of the platform, for the management and processing of the operation, being able to access them without any type of limitation to carry out the procedures in charge of that contracting.

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9. INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights that fall on the SaaS and, therefore, on the Platform or any of its elements, belong exclusively to GESTORIAL. Said intellectual property also includes, by way of example, but not limitation, the computer program, its source code, the object code, the structure of its database, the preparatory documentation, the description of the program, the technical literature, the manual for the use of the program and all works and materials related to the “graphical interface” of the web application, as well as the functionalities of the Platform itself (including, but not limited to, all creations connected with the Platform such as documents, information , graphics, diagrams, functional or conceptual design, technical design, software, graphical interface, algorithms, etc.). Likewise, GESTORIAL is the owner of all industrial property rights over the distinctive signs included in the Platform.

GESTORIAL, as the exclusive owner and owner of the SaaS and, therefore, of the Platform, may freely dispose of it, and may for this purpose transmit, assign or license its property to any third party. The acceptance of these Terms and Conditions does not imply the transfer of any type of right over the Platform, its functionalities, tools, materials or distinctive signs, except the right to use it in the terms expressly stated. Thus, outside of expressly permitted actions, the User may not, without the prior and express written authorization of GESTORIAL, reproduce (by any means, physical or digital), distribute (through any modality), communicate publicly, make available. available to the public or transform (including, without limitation, any translations, adaptations, modifications, updates, etc.) in any way, all or part of the Platform or its components or elements. Specifically, the client and/or user agrees not to remove, delete, alter, manipulate or in any way modify:

Those notes, legends, indications or symbols that, in matters of intellectual or industrial property, GESTORIAL incorporates into its properties (for example, copyright, ©, ® and TM, etc.).

Technical protection or identification devices that the SaaS may contain (for example, watermarks, fingerprints, etc.).

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10. DATA PROTECTION POLICY

You can consult our Data Protection Policy at (indicate hyperlink to the data protection policy)

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11. CONFIDENTIALITY

The Parties undertake to adopt the necessary measures to prevent unauthorized third parties from accessing the Confidential Information and to limit their access to Users who need to have it for the execution of the Contract, transferring to them the same obligation of confidentiality. Likewise, the Parties agree not to use the Confidential Information for purposes other than the purpose of this Contract. Confidential Information will not include information or documentation that the receiving Party can demonstrate: (i) is available to the general public, (ii) is rightfully known to the receiving Party before being disclosed to it by the disclosing Party, and does not have any express or implied restriction, provided that this can be documented by the receiving Party, (iii) that it has been disclosed to it by a third party who has the legal right to do so outside the scope of this Agreement, without similar restrictions and without breach of any confidentiality obligation.

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12. APPLICABLE LAW AND JURISDICTION

This Contract will be governed by Spanish legislation and, in the event of divergences, the Parties will submit to the jurisdiction and competence of the Courts and Tribunals of the city of Valencia, expressly waiving any other jurisdiction that may apply to them.

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13. READING ACCEPTANCE.

Likewise, the client and/or user acknowledges that they have read and understood all the information regarding the Services, as well as all the conditions and stipulations included in this Contract, which is why they affirm that they are sufficient to exclude the error in the consent. and, therefore, accepts them in full and expressly.

The client and/or user acknowledges having read and accepts the Conditions of Use of the Website and the Privacy Policy.