DATA | CRM TERMS AND CONDITIONS

These Terms and Conditions, together with any Order Form and all additional documentation applicable according to the type of products, services or entity, govern the contract, use of, access to the Services provided by Casa Safari, Lda., or by Casafari Spain S.L. to the extent the Client has a valid Spanish VAT number at the date of entering into the agreement (hereinafter CASAFARI or the Company).

Before using, or registering to use, the CASAFARI Platform and/or the Services, the Client must carefully read these Terms and Conditions. These Terms and Conditions on a standalone or together with the respective order form constitute a legally binding agreement between CASAFARI and the Client. By signing the order form, or by clicking on Agree and Continue, the Client confirms that they have read and accepted these Terms and Conditions.

Preliminary Notes

By downloading, installing, accessing or using the Platform and/or Services, the Client agrees to be bound by these Terms and Conditions. If the Client does not agree to these Terms and Conditions, they should not proceed with the download, installation, or use of the CASAFARI Platform and/or Services;
When the acceptance of this Agreement is made by someone acting on behalf of another person or entity, that person must have the necessary legitimacy and powers to act on behalf of the person or entity and thus bind them to these Terms and Conditions. By entering into a contract with CASAFARI, the Client confirms it has all the necessary powers to represent and bind the Client.

Definitions and Interpretation
1. In these Terms and Conditions, unless the context requires a different interpretation, the following expressions shall be interpreted as described below:

Account: an account through which users access and use the Services.
Agreement: the contract between CASAFARI and the Client for the provision of Services, as set out in these Terms and Conditions and the respective order form, including any amendments or updates made thereto from time to time.
Client: an individual or legal entity (as applicable) who enters into the Agreement with CASAFARI and accepts this Agreement and is acquiring the Service online via www.casafari.com or www.casafaricrm.com.
Business Day: days that are not a Saturday, Sunday or national holiday in the relevant territory.
Client Contact: electronic data or information sent by the Client to the online Services through the checkout page available on www.casafari.com or www.casafaricrm.com.
Client Data: means data, content, and materials: (i) uploaded or stored on the Platform and/or Services by the Client; (ii) transmitted or organized by the Platform at the request of the Client; (iii) provided by the Client to CASAFARI for uploading, transmitting or storing on the Platform; (iv) or generated by the Platform as a result of the use of the Services, as agreed with the Client (excluding analytical data related to the use of the Platform and server log files).
Company or CASAFARI: means either the company Casa Safari, Lda., headquartered in Portugal or Casafari Spain S.L. located in Spain.
CASAFARI Affiliates: refers to the commercial companies that, directly or indirectly, control or are controlled by Casa Safari, Lda., or that are jointly controlled with it by another entity. For the purposes of these Terms and Conditions, “control” means the direct or indirect ownership of more than 50% of the share capital or voting power of the entity in question.
Confidential Information: Confidential Information means any non-public, proprietary, or sensitive information disclosed or made accessible by one Party (the disclosing party) to the other Party (the receiving party) in connection with this Agreement, whether disclosed in writing, orally, electronically, or by any other means, and whether or not expressly marked as confidential. Confidential Information includes, but is not limited to: any data, datasets, or databases, including any derivative data, analyses, reports, or outputs generated from such data; business, operational, financial, and marketing information; proprietary software, source code, algorithms, inventions, and technical documentation; Internal processes, methodologies, workflows, and product roadmaps; trade secrets, know-how, and research and development activities; Authentication credentials, security protocols, and access controls; Personal data as defined under applicable data protection laws; any information relating to customers, partners, suppliers, or users; any other information that, by its nature or context, a reasonable person would understand to be confidential.
Effective Date: the date on which the Client subscribes to the Services via www.casafari.com or www.casafaricrm.com, upon acceptance of these Terms and Conditions or the date referred to in the respective Order Form.
Legislation on personal data protection: applicable legislation on the processing of personal data, including the General Data Protection Regulation (Regulation (EU) 2016/679).
Order Form: Order Form means the document (including any schedules, annexes, or addenda thereto), signed by both the Client and the Company, that sets forth specific commercial terms of this Agreement. These terms may include, without limitation, the description of Services to be provided, subscription tiers or packages, pricing, payment terms, service levels, duration, renewal provisions, and any additional terms or conditions agreed upon by the Parties. Each Order Form shall form an integral part of this Agreement and shall be subject to and governed by its terms.
Subscription Option: means the type of Service chosen by the Client via www.casafari.com or www.casafaricrm.com, or defined in the Order Form signed with the Company, including the type of Services and its particular characteristics, such as: Service duration period, accounts, automatic renewal period and term (in accordance with clause 7.2), historical days interval, search alerts, favorites, daily page display limit and agency details.
Platform: platforms managed by CASAFARI through which CASAFARI provides its Services to the Client.
Term: means the Agreement’s term together with all renewals thereof, as defined in Clause 7.1 of this Agreement.
Third-Party Services: means any external platforms, websites, software, applications, content, or services accessed by the Client via or through the Platform or the Services, including, without limitation, through embedded links, buttons, integrations, APIs, or other clickable elements or functionalities made available by CASAFARI.
Intellectual Property: means any and all patents, patent rights, copyright, including rights over databases or any works that can be protected by copyright, including but not limited to, text, images, or video, trade secrets, know-how, registered trademarks, trade names, as well as other intellectual property rights under the Platform or the Services, whether existing at present or in the future, including those pending registration.
Services: means the services provided or to be provided to the Client under these Terms and Conditions, as identified in the respective Order Form or in the self-checkout form.
Site: the webpages www.casafari.com and www.casafaricrm.com as the case may be.
Prices or Fees: the amount payable by the Client as consideration for the provision of Services, in accordance with the applicable Subscription Option, as defined in the respective Order Form.
User: a natural person, over 18 years old, who holds an account and uses and has access to the Platform or the Services.

Provision of Services
1. Services: From the Effective Date and throughout the duration of the Agreement, CASAFARI shall provide the Services to the Client in accordance with the terms set forth herein.
2. CASAFARI reserves the right, at its sole and absolute discretion, to modify, update, enhance, or otherwise change any aspect of the Services from time to time, including their functionality, features, or structure, without prior notice to the Client, provided that such changes do not materially diminish the core functionality of the Services, and subject to the provisions of Clause 5 where applicable.
3. Registration: Registration means the process by which the Client obtains access to CASAFARI’s Services through the creation of one or more user accounts (Account(s)). Registration may occur in one of the following ways: (a) manual registration where the Client Contact provides the necessary registration details to CASAFARI via www.casafari.com or www.casafaricrm.com, including information required for Account creation and password configuration. CASAFARI will then create the Account(s) on behalf of the Client and provide the corresponding login credentials, or (b) self-checkout registration, where the Client completes the registration and subscription process directly through the self-checkout functionality available on www.casafari.com or www.casafaricrm.com, by submitting the required information and accepting the applicable terms. Upon successful submission, an Account will be automatically created, and login credentials will be issued to the Client. In both cases, the Client is responsible for maintaining the confidentiality and security of its Account credentials and ensuring the accuracy of the information provided during registration.
4. Client’s Obligations: The Client shall ensure that: (i) all persons who access or use the Services, directly or indirectly, whether authorized or unauthorized, including the Client’s employees, agents, contractors, and subcontractors, comply with the terms of this Agreement and all applicable laws, regulations, and specific restrictions, and the Client shall remain fully responsible and liable for their actions and omissions; (ii) it implements and maintains commercially reasonable measures to prevent unauthorized access to, or misuse of, the Services, including but not limited to protecting login credentials, restricting access to authorized personnel only, and monitoring usage. The Client shall promptly notify CASAFARI of any unauthorized access, use, security breach, or suspected compromise of its Account(s); (iii) all data uploaded to, accessed via, or processed through the Services is collected, stored, and handled in full compliance with applicable data protection and privacy laws, and that the Client holds all necessary rights and authorizations to process such data through the Services and the Platform; (iv) it uses the Services in a lawful, ethical, and non-abusive manner at all times, strictly in accordance with this Agreement, any applicable CASAFARI policies or usage guidelines, and applicable law. In particular, the Client shall not: (a) engage in or permit excessive or automated access to the Services (including through bots, scripts, scraping tools, or other automated means); (b) share, sell, transfer, or otherwise disclose any Account credentials, including usernames or passwords, to any third party or between multiple users, except where explicitly authorized in writing by CASAFARI; (c) permit multiple individuals to access or use the Services through a single user Account (i.e., no account sharing is permitted); (d) attempt to circumvent any technical restrictions, security mechanisms, or access controls within the Services; or (e) use the Services in any way that could damage, disable, or impair CASAFARI’s systems, networks, intellectual property, or reputation.
5. Although not legally obligated to do so, CASAFARI reserves the right to, at its sole discretion, monitor the Client’s use of the Services to ensure compliance with this Agreement, CASAFARI policies, and applicable laws. Such monitoring is conducted solely at CASAFARI’s discretion and does not impose any duty, obligation, or liability on CASAFARI to monitor, detect, prevent, or respond to any particular activity, nor does it create any warranty or guarantee of security, compliance, or enforcement. CASAFARI may, at its sole discretion, investigate and take appropriate action in response to any actual, suspected, or threatened misuse of the Services, including but not limited to conduct that: violates the terms of this Agreement or any applicable CASAFARI guidelines or policies; compromises or threatens the security, availability, or integrity of the Platform or CASAFARI’s systems; infringes on intellectual property or privacy rights; Breaches any applicable legal or regulatory obligations. CASAFARI further reserves the right to suspend, restrict, or terminate the Client’s access to the Services, in whole or in part, without liability, if it reasonably believes such action is necessary to prevent harm, ensure compliance, or protect its legitimate business interests.
6. The Client is solely responsible for obtaining, configuring, and maintaining all equipment, software, and auxiliary services necessary to connect to, access, and use the Services. This includes, but is not limited to, internet connections, modems, hardware, servers, operating systems, software, networks, and web servers. The Client is also fully responsible for maintaining the security and integrity of such equipment and services, as well as the confidentiality and proper management of all associated accounts, login credentials, and passwords (including both administrative and user passwords). This responsibility extends to all activity conducted through the Client’s accounts, whether authorized or unauthorized, and whether with or without the Client’s knowledge or consent.
7. Client Reference: The Client agrees that CASAFARI may identify the Client as its Client in sales presentations, marketing materials, and press releases.

CRM Services
1. CASAFARI shall provide the Client with access to the CRM Services as described in the applicable Order Form. The specific features, limitations, and pricing applicable to the CRM Plan shall be as set forth in the Order Form and subject to these Terms and Conditions.
2. Integration: The CRM Services may provide access to or enable certain integrations with third-party or Client’s platforms, at a basic or predefined level. Such integrations are offered strictly for convenience and at a basic level as determined by CASAFARI. Any deadlines for completion of integration services indicated in the applicable Order Form are provided for estimation purposes only and shall not be binding. CASAFARI shall have no obligation or responsibility for the implementation, configuration, ongoing support, content management, training, or troubleshooting of any third-party service or integration, unless expressly agreed in writing. The Client is solely responsible for managing and maintaining its access to and relationship with any third-party service provider. CASAFARI expressly disclaims any and all liability for, and makes no representations or warranties of any kind, whether express or implied, regarding the functionality, availability, accuracy, legality, or performance of any third-party service or integration. Use of such third-party services is at the Client’s sole risk and subject to the terms and conditions of the respective third-party provider. With regards to integrations with any property portals, while CASAFARI endeavors to transmit property listings as accurately and promptly as possible, CASAFARI expressly disclaims any liability for inaccuracies, delays, or processing issues that originate on the portals’ or third-party platforms’ side, as such factors are beyond our direct control.
3. Content Insertion: The insertion, creation, and management of all content within the CRM Services are the sole responsibility of the Client, including, without limitation, property descriptions, marketing materials, templates, communications, and any personal data contained therein. The Client is solely responsible for ensuring that any content uploaded, stored, or processed through the CRM Services complies with all applicable laws and regulations, including data protection and privacy laws. CASAFARI shall not be responsible for the quality, legality, accuracy, or compliance of any content, including personal data, uploaded or processed by the Client, nor for any consequences arising from such content. Image selection, editing, and formatting services are not included in the standard CRM Plan unless explicitly agreed in writing. CASAFARI disclaims any responsibility for the suitability, copyright compliance, or legal use of any images or other media content provided or used by the Client.
4. Image Selection and Editing: Image selection, editing, and formatting services are not included in the CRM Plan or the contracted Services unless expressly agreed in writing in the Order Form. CASAFARI expressly disclaims any responsibility for the suitability, originality, copyright compliance, or legal use of any images or media content uploaded or used by the Client.
5. Domain & Email: The Services do not include the provision, registration, configuration, or maintenance of domain names or email accounts. These elements fall entirely under the Client’s responsibility and are not covered by CASAFARI under any CRM Plan unless otherwise specified in writing.
6. Client Responsibility and Limitation of Liability: The Client assumes full responsibility for its use of the Services, including the outcomes derived from such use, reliance on the documentation, and any decisions made based on the Services. The Client is solely responsible for ensuring that any personal data uploaded, processed, stored, or otherwise handled through the Services is collected and processed in full compliance with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) or other relevant national legislation. The Client acknowledges that it acts as the data controller and CASAFARI acts as the data processor under the applicable Data Processing Agreement (DPA), which must be duly signed in conjunction with the Agreement. CASAFARI shall bear no liability for: (i) any damage, loss, or claims resulting from the Client’s failure to comply with data protection obligations; (ii) errors or omissions in any data, instructions, or materials provided by the Client, including personal data; (iii) any action taken or omitted by CASAFARI based on the Client’s instructions; or (iv) any decisions, actions, or omissions made by the Client based on the Services or documentation. All use of the Services is at the Client’s sole risk. CASAFARI makes no warranty or guarantee as to the accuracy, completeness, or suitability of the Services for the Client’s specific needs, including compliance with any legal or regulatory obligations.

License
1. License: Subject to this Agreement and during its term, CASAFARI grants to the Client a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Platform and/or the Services for the Client’s commercial and lawful purposes in the country where the license is acquired, for the duration defined for the Service, in accordance with the specifications and limitations set forth in this Agreement, any applicable law or regulations and the respective Subscription Option.
2. Limits of the right to use the Services: The license granted by CASAFARI to the Client is subject to the following usage limits:
  1. The Services may only be used by administrators, employees, agents, and subcontractors of the Client or its affiliated companies with an individual active account, and must always be previously indicated by the Client to CASAFARI prior. For the avoidance of doubt, the Services or Accounts shall not be shared.
  2. The Services may only be used by users prior designated by the Client and indicated by the Client Contact. The Client may, at any time during the term of the Agreement, decide to change, add, or remove designated users, duly notifying CASAFARI. The reduction in the number of users initially subscribed to the applicable Subscription Option during the term of the same will not result in changes in the Prices, neither give rise to any entitlement to compensation for reimbursement of annual Prices. However, adding users in a number greater than initially defined in the applicable Subscription Option during the term of the same may be subject to Additional Costs.
  3. Under no circumstances may the Services be used by a number of users exceeding the agreed upon amount, unless the Client is able to add or remove simultaneous user licenses by providing proper notification to CASAFARI, in this case, additional charges apply.
  4. The Services may be subject to a daily limit on the number of search page displays. If the Client exceeds this limit, CASAFARI may, at its sole discretion, send a notice alerting the Client and may suspend or block access to the Client’s Account until the end of the day or for such other period as CASAFARI deems appropriate. Such suspension or restriction of access shall not constitute a breach of this Agreement, and CASAFARI shall not be liable for any damages, losses, or consequences arising from such suspension or restriction. The Client remains responsible for any fees incurred.
3. Restrictions of Use: Unless otherwise authorized under this Agreement, Customer must not (and will not allow any third party to): (i) sell, rent, lease, license, sublicense, distribute, pledge, assign or otherwise transfer, in whole or in part, the Services or any interest in them to another party; (ii) provide, disclose, divulge or make available to, or permit the use of the Services, in whole or in part by any third party without Company’s prior express written consent; (iii) install or use the Platform and/or the Services in a manner that violates, misuses or threats or de facto puts at risk the integrity of the Services, circumvents or interferes with the operation of the technological measure that controls the access to the Service; (iv) modify, translate, adapt or create derivative works based on the Platform; (v) export or re-export the Platform, the Services (in whole or in part) or any derivative work thereof; (vi) use the Platform or the Services to develop, test, host, or run and operate applications on behalf of third-parties to this Agreement, without Company’s prior express written consent; (vii) reverse engineer, decompile, re-identify, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or algorithms relevant to the Platform, or any software, documentation or data related to the Serviceor or associate anonymized or aggregated data with any individual or specific location; (viii) use the Service to provide third party training to third parties or use the any data on the Platform or Services to build, train, or supplement any database or machine learning model for commercial exploitation; (ix) attempt to copy, parse, crawl, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; (x) grant access all or any part of the Platform in order to build a product or service which competes with it; (xi) use the Service in any way that is contrary to the terms and conditions of this Agreement; or (xii) use the Service for any unlawful, unethical purposes or in any manner that at CASAFARI’s discretion, may put the integrity of the Services or of the Company or its business interests at risk.
4. Fair Usage: To ensure the stability, integrity, and performance of the Services for all users, the Client agrees to use the Services in a fair, reasonable, and non-abusive manner. The Client shall refrain from any use that, in CASAFARI’s sole discretion, exceeds normal usage patterns for similar clients or use cases, imposes an undue burden on CASAFARI’s infrastructure, interferes with or degrades the performance or availability of the Services, attempts to bypass technical limitations, or involves the automated or large-scale extraction of data for unauthorized purposes. CASAFARI reserves the right to monitor usage levels and patterns and, where it determines that usage is excessive or unfair, may request that the Client reduce its usage, impose additional charges, limit or suspend access to the Services, modify the terms of the Subscription Option, or terminate the Agreement for material breach in cases of continued or serious misuse. Any such action shall not be considered a breach of this Agreement by CASAFARI, and CASAFARI shall not be held liable for any resulting damages, losses, or costs incurred by the Client.
5. Electronic Devices: The number of electronic devices on which a User may access the Platform and/or the Services simultaneously depends on the Subscription Option selected by the Client. The Platform and Services include functionality to limit simultaneous access from multiple devices. Depending on the Service capacity and at its sole discretion, CASAFARI reserves the right to restrict access to the Client’s Account to one device at a time, with a reasonable interval allowed for switching between devices. The Services are also subject to a daily limit on the number of search page displays. If the Client exceeds the daily usage limit or the permitted number of simultaneous devices, CASAFARI may, at its sole discretion, notify the Client and suspend or block access to the Account until the end of the day or for such other period as CASAFARI deems appropriate. The Client shall maintain control over all devices used to access the Platform and Services and is responsible for keeping all passwords and account credentials confidential and secure to prevent unauthorized access. Such suspension or restriction of access shall not constitute a breach of this Agreement, and CASAFARI shall not be liable for any damages, losses, or consequences arising from such actions. The Client remains responsible for any fees incurred during such periods.

Payment and Payment Conditions
1. Payment: As consideration for the Services provided under this Agreement, the Client shall pay CASAFARI the Prices and fees established in the Subscription Option and respective Order Form, on the due dates provided, prior to the start date of the Services. Orders are not cancellable, and once paid, they are not refundable.
2. Additional Costs: Without prejudice to other circumstances expressly provided for in the Agreement that determine it, in the event of Client use of the Service that exceeds the capacity established in the applicable Subscription Option, CASAFARI reserves the right to charge the Client the proportional amount for the exceeded capacity, according to the prices established in the service tariff in force at the time provided in the respective Subscription Option
3. Price Changes: CASAFARI reserves the right to change the Payments or charges applicable and set new charges and Payments at the end of each Service Period or upon renewal thereof. CASAFARI will notify the Client of the change in question 30 (thirty) days in advance of the date on which it is to take effect. Such notification may be made by email. The Client may address any questions related to price changes to CASAFARI’s Client support department.
4. Payment and Invoicing: The Client shall provide CASAFARI with updated proof of payment method data, or alternative documentation that reasonably serves the same purpose and is accepted by CASAFARI. By providing CASAFARI with information regarding credit/debit cards or direct debit accounts, the Client authorizes CASAFARI to charge the agreed prices in the Subscription Option, using these same methods, during the initial subscription term and its renewals, under the terms of the “Renewal” clause below. Payments shall be made by the due date of the respective invoices, on an annual or other agreed periodicity. The Client shall provide complete and updated data to CASAFARI, both for billing payments and for contacting regarding the matter, and notify CASAFARI of any relevant changes to this data.
5. Late Payments: In case of delay in payment by the Client of invoiced amounts by CASAFARI compared to their respective due date, without prejudice to other legal rights or resources available to CASAFARI, (i) a monthly penalty of 1.5% of the overdue and unpaid amounts will be due, or the application of commercial default interest at the legal rate in force at the time, whichever is lower, and/or (ii) CASAFARI reserves the right to condition future subscription renewals to payment terms shorter than those stipulated in the “Invoicing and Payments” clause above.
6. Suspension of Services and Due Obligations: If the Client fails to settle, within 7 (seven) calendar days after notification to that effect (under the terms of the “Notification” clause below), the amounts in arrears under this Agreement, CASAFARI may demand immediate payment of the amounts due under such contracts, so that these obligations become immediately due and suspend Services until full payment of the amounts in question.
7. Disputes related to Payments: In the event of a dispute regarding the amount of Payments due, if the Client is engaged in good faith, reasonable, and collaborative negotiations regarding the adjustment of applicable payment amounts, CASAFARI may waive the exercise of its rights under Clause 5.5, “Late Payments,” above.
8. Currency and Taxes: All amounts and Prices stated or mentioned in the Agreement shall be payable in Euros. Invoiced Prices do not include, in addition to VAT, other taxes applicable to CASAFARI invoices (except in the case of reverse VAT charging for EU or non-EU clients).
9. Annual Adjustments: The Company reserves the right to make annual adjustments to the Service Prices, with a minimum of zero per cent, in accordance with the Consumer Price Index published by the National Statistics Institute, for the twelve (12) months immediately preceding the scheduled date. The first update of the remuneration shall take place 1 (one) year after the start date of the Agreement.

Update of Terms and Conditions
1. CASAFARI reserves the right to periodically and at any time of its choice, make changes or amendments to provisions in these Terms and Conditions, as well as to changes in the CASAFARI Platform and Services, at its sole discretion.
2. CASAFARI will notify the Client of the changes at least 30 (thirty) days prior to their entry into force and will publish the updated version of the Terms and Conditions with the relevant changes at www.casafari.com or www.casafaricrm.com, with the “last updated” date indicated.
3. If the changes to the Terms and Conditions involve (1) a material change in the characteristics of the Services, the impact and expected effects of which do not correspond to the Client’s initial intention to contract, or (2) a significant change in prices, the Client may terminate the Agreement with CASAFARI within 30 (thirty) days after receiving notification from CASAFARI about the update of the Terms and Conditions, if they do not wish to remain bound to the Services on this basis.
4. In the event that the changes to the Terms and Conditions do not meet the requirements detailed in clause 6.3, they shall be deemed to be accepted by the Client if the Client does not state otherwise before such changes come into force. In such a case, non-acceptance shall imply the termination of the Agreement in accordance with Clause 7.4.

Term and Termination
1. Term: This Agreement shall become effective as of the Effective Date and shall remain in force for the duration defined in the Subscription Option, which unless otherwise expressly agreed to in writing by the Company, shall be minimum 12 (twelve) months.
2. Renewal: The Agreement shall automatically renew for additional periods of 12 (twelve) months each or as otherwise agreed upon between the parties in the respective Order Form, unless terminated by either party giving the other at least 30 (thirty) days’ notice prior to the expiry of the relevant Service Period, so as to prevent its renewal.
3. Termination for Breach: Either party may at any time terminate this Agreement with immediate effect by written notice if the other party materially breaches any obligation under this Agreement and, when notified thereof, fails to remedy such breach within 30 (thirty) days after receipt of a written notice to that effect. CASAFARI’s termination of this Agreement under this clause for the Client’s breach, without prejudice to any other rights it may have, does not release the Client from the obligation to pay all outstanding and future payments due until the end of the initially defined term of the contract. CASAFARI reserves the right to suspend, restrict or terminate the access to the Services with or without prior notice, if it determines in good faith and at its sole discretion, that the Client or any of its users’s actions constitute misuse, abuse or fraudulent use of the Services, violates applicable laws, regulations or these Terms and Conditions, threaten the integrity, security or functionality of the Services; pose a risk to the reputation or operations of the Company or compromise the rights or safety or users, the Services or the Company. Suspension or termination of the Services hereunder does not waiver the Company’s right to seek damage or other legal remedies neither entitles the Client to be compensated or reimbursed of any paid fees for the Services.
4. Early Termination by Client Initiative: Notwithstanding any other provision of this Agreement, the Client may terminate this Agreement at any time and for any reason, effective immediately upon written notice to CASAFARI, provided that the Client pays in full, in advance, all fees and charges due for the remainder of the agreed contractual term. Such payment shall be a condition precedent to the effectiveness of said termination.
5. Effects of Agreement Termination: CASAFARI will make available to the Client, for export and download, the Client’s Data within a maximum period of 30 (thirty) days after the Agreement termination date. The provisions of this Agreement, whose effects, by their nature, should survive the termination date of the Agreement, shall remain in force, including, without limitation, rights related to due or overdue payments, confidentiality obligations, warranties, disclaimers, and limitations of liability.

Confidentiality
1. Use and Disclosure: During the term of the Agreement and for a subsequent period of 5 (five) years, the Parties undertake to keep confidential and not to use Confidential Information of the other Party for any purposes not related to this Agreement, as well as not to disclose it to third parties (with the exception of workers or subcontractors of the Party concerned who need to know the Confidential Information, or who are subject to confidentiality obligations, at least equivalent to those set forth in this document). The Parties shall take the reasonably necessary measures to ensure that Confidential Information is not disclosed or accessed by their workers, subcontractors or agents, in a manner that may violate these Terms and Conditions.
2. Authorized Disclosures: Either Party may use Confidential Information of the other Party (i) in response to valid requests from judicial, regulatory or other public authorities exercising public powers, (ii) in cases expressly provided for by law, or (iii) to the extent necessary to establish the rights of either Party under this Agreement, provided that it promptly notifies the other Party of such request and allows the opportunity to object or seek judicial measures to protect the information.
3. Non-Confidential Information: Information shall not be considered Confidential Information if: (i) it is or becomes public knowledge, without being the result of an act or omission of the receiving Party; (ii) it is lawfully possessed by the receiving Party, and has not been directly or indirectly received from the disclosing Party by the receiving Party, (iii) it is lawfully disclosed to the receiving Party by a third party not subject to any restrictions on disclosure; or (iv) it is generated by the receiving Party, independently, without access to Confidential Information.
4. Destruction or Return: Except as otherwise provided in this Agreement, the receiving Party of Confidential Information shall, immediately upon request from the disclosing Party, destroy (and declare in writing) or return to it all documents and any other supports of Confidential Information, including all copies or extracts thereof.

Intellectual Property, Ownership, and Title
1. Ownership and Title of Client Data: The Client is the owner of all rights and faculties related to Client Data to the extent applicable and permitted by law, provided that such does not infringe any third-party rights, including Intellectual Property (namely Copyright) and Industrial Property rights. CASAFARI will remain the owner of all rights and faculties regarding (i) the Service and Platform, including all improvements, updates or changes thereof; (ii) any software, applications, inventions, or other technology developed in connection with the Service, Platform, or CASAFARI’s information support; (iii) all copyright, trade secrets, patents, trademarks, and any other Intellectual and Industrial Property rights, including registration applications, renewals, and extensions thereof. Except as expressly provided herein, no rights in CASAFARI’s registered trademarks are granted to the Client, nor are any licenses granted thereon.
2. Ownership and Title of Platform and Services: The Client agrees to use the information and data provided by CASAFARI under the Services exclusively in accordance with this Agreement and assumes full responsibility for its use of any data, information, documents, or works originating from third parties. The Client further agrees to respect all Intellectual and Industrial Property Rights of CASAFARI and its licensors. The Client acknowledges and agrees that any data, insights, analytics, or outputs derived from or incorporating the Services, whether used internally or integrated into the Client’s systems, do not confer any ownership, access, or control rights over the underlying data. Such derived results shall not be commercialized, distributed, or otherwise exploited without the Company’s express prior written consent. All rights, title, and interest in and to the Platform and the Services, including without limitation all data sets, metadata, location data (anonymized or otherwise), derived data, analytical outputs, and any enhancements or modifications thereof, shall remain the sole and exclusive property of CASAFARI or its licensors. Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Data Services or related intellectual property to the Client.
3. Respect for Third-Party Intellectual and Industrial Property Rights: The Client agrees to use the information and data provided by CASAFARI exclusively in connection with the Services rendered under this Agreement and acknowledges sole responsibility for any use of data, information, documents, or works belonging to third parties. The Client further undertakes to fully respect and uphold all Intellectual and Industrial Property Rights of CASAFARI and any third-party rights holders.
4. Use of Data: CASAFARI may, within legally prescribed limits, collect and analyze Client Data and other information related to the supply, use, and performance of various aspects of the Platform, systems, and related technologies (including information related to Client Data and data derived therefrom). CASAFARI may also, during and after the term of the Agreements, (i) use the information and data collected to develop improvements in the Services and for other developments, diagnostics, and corrections related to the Service and other Company offerings, and (ii) disclose such data for business-related purposes, but only in aggregated form or otherwise anonymized.

Data Protection
1. The collection and subsequent processing of personal data by CASAFARI is carried out in accordance with and pursuant to the EU General Data Protection Regulation 2016/679 (the GDPR) and in compliance with the Client’s rights under the GDPR, according to CASAFARI Data Privacy Policy which may be found on the Site.

Warranty and Disclaimer of Liability
1. The Services, including the Platform and all associated data, software, and materials, are provided by CASAFARI strictly on an as is and as available basis, without any warranties or guarantees of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or uninterrupted and error-free operation. CASAFARI expressly disclaims any responsibility or liability for (i) the suitability, reliability, availability, or performance of the Services for the Client’s specific needs or purposes; (ii) any delays, inaccuracies, errors, or omissions in location data or other data provided, including data derived from third-party sources; (iii) any damage or loss resulting from reliance on the Services or data contained therein.
2. The Client acknowledges and agrees that (i) the Services may be suspended temporarily for scheduled or emergency maintenance, with or without prior notice. Whenever reasonably possible, CASAFARI will provide reasonable advance notice regarding scheduled interruptions to the Service. CASAFARI shall have no liability for any interruption, suspension, or unavailability of the Services; (ii) location data and other third-party data provided through the Services may be incomplete, delayed, or inaccurate, and must not be relied upon as the sole basis for any decision-making; (iii) All decisions, actions, or inactions taken by the Client based on the Services or any information provided are at the Client’s sole risk and responsibility.
3. The Client expressly acknowledges and agrees that CASAFARI shall have no liability whatsoever for any failure, delay, inaccuracy, omission, corruption, or error in the export, synchronization, or disclosure of property listings arising from the acts or omissions of any third-party portals, external websites, or service providers, including but not limited to infrastructure changes, service outages, API restrictions, integration failures, data rejection, or modifications imposed by such third parties. Further, CASAFARI shall bear no responsibility or liability for any technical limitations, misconfigurations, improper use, or unauthorized actions by the Client or its users that may impair, degrade, or prevent the proper functioning or transmission of data through the Services. The Client acknowledges that the ultimate visibility, presentation, formatting, and dissemination of property listings on any third-party platforms are entirely outside CASAFARI’s control. CASAFARI makes no representations or warranties, and disclaims all liability in connection with such third-party display or use of data.
4. Certain Services may facilitate or provide access to Third-Party Services. The Client acknowledges and agrees that such Third-Party Services are not under the control of CASAFARI, and CASAFARI does not operate, manage, endorse, or assume any responsibility for their availability, performance, functionality, content, accuracy, legality, or security. CASAFARI provides such access solely as a convenience, and the inclusion or facilitation of any Third-Party Service does not constitute a recommendation or endorsement. The use of any Third-Party Services is entirely at the Client’s sole risk and full responsibility. CASAFARI expressly disclaims any and all warranties, express or implied, relating to Third-Party Services, and shall have no liability whatsoever for any damages, losses, or claims arising from the Client’s access to, use of, or reliance upon such services, even if facilitated through the CASAFARI Platform. The Client is solely responsible for reviewing, accepting, and complying with any terms, policies, or obligations imposed by the relevant third-party provider. CASAFARI makes no representations or warranties regarding any Third-Party Services, and shall have no liability whatsoever for their availability, performance, accuracy, legality, security, or content. The Client assumes all risk arising from the use of, or reliance on, any Third-Party Services accessed in this manner, and is solely responsible for reviewing and complying with any third-party terms and conditions that may apply. The Client assumes all risks associated with the use of any Third-Party Services accessed directly or indirectly through CASAFARI’s platform. CASAFARI expressly disclaims any warranties and any responsibility or liability arising from the Client’s use of, or reliance on, such Third-Party Services or content.
5. To the fullest extent permitted by applicable law, CASAFARI, its affiliates, licensors, and suppliers shall not be liable under any theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise, for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business interruption, arising out of or in connection with the use of or inability to use the Services, even if CASAFARI has been advised of the possibility of such damages. This limitation of liability applies regardless of the cause of action or the theory of liability and survives termination or expiration of this Agreement.

Indemnification
1. CASAFARI shall not assign to the Client any liability towards third parties resulting from the violation of industrial property rights or copyrights or misappropriation of business secrets owned by third parties by CASAFARI in its provision of Services that may be required of the Client, provided that CASAFARI is promptly notified by the Client regarding suspicions, complaints, and all details of judicial proceedings or procedures related to the intellectual property infringements in question and is given timely and reasonable opportunity to assume exclusive control of its defense. CASAFARI shall not be bound by any judicial or other agreement that is not approved in writing. The above shall not apply when the claims concern parts or components of the Service that are (i) not provided by CASAFARI, (ii) developed entirely or partly in accordance with the specifications of the Client and at its request when the Client has ownership of the intellectual property rights over the developments, (iii) modified after delivery by the Company, (iv) combined with other products, processes, or materials of the Client, (v) when the Client persists with allegedly infringing conduct, even after being notified or informed of behaviors whose adoption would have prevented the alleged infringement of rights, or (vi) when the Client’s use of the Service is not in strict compliance with this Agreement. If, as a result of legal action with said purpose, the competent court finds that CASAFARI or the Service itself violates third-party rights, CASAFARI may, at its discretion and expenses, (a) replace or modify the Service so that the violation of the rights in question does not occur, provided that this does not substantially alter the functionalities and functions in question; (b) obtain a license from the Client to continue using the Service; or (c) if neither of the above two options is commercially viable, terminate the current Contract and reimburse the Client for amounts paid to date for Services not provided.

Limitations and Exclusions of Liability
1. To the fullest extent permitted by applicable law, the total, aggregate, and cumulative liability of CASAFARI, its Affiliates, directors, officers, employees, agents, licensors, and suppliers, for any and all claims, losses, liabilities, damages, costs, expenses, or causes of action of any nature whatsoever, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of, in connection with, or relating to the Services, the Platform, these Terms and Conditions or the Contract, or their performance or non-performance, shall in all cases be strictly limited to the total amount actually paid by the Client to CASAFARI for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to such liability. This limitation applies per aggregate of all claims and not per individual claim, and regardless of the number of events, acts, or omissions. Under no circumstances shall CASAFARI’s liability be cumulative beyond this cap, this limitation shall apply collectively to all claims, regardless of whether such claims are pursued under multiple contracts, legal theories, proceedings, or jurisdictions. The Client expressly waives any right to claim or recover amounts in excess of this limitation.The overall and cumulative liability of CASAFARI for any claim or damages arising out of or from the provision of the Services, the Platform or these Terms and Conditions or the Services is limited to the value of the Services paid for in the year of the occurrence of the liability-generating events.
2. To the fullest extent permitted by applicable law, CASAFARI, its Affiliates, directors, officers, employees, agents, licensors, and suppliers shall in no event be liable for any indirect, incidental, special, consequential, punitive, moral, reputational, or exemplary damages, or for any expenses, costs, or losses of any kind, including, without limitation: (i) loss of profits, contracts, revenue, business opportunities, or goodwill; (ii) loss, corruption, destruction, or unauthorized disclosure of data, including those resulting from security breaches, cyberattacks, third-party actions, or system failures; (iii) penalties, fines, or assessments imposed on the Client by any third party or authority; (iv) errors, inaccuracies, or omissions in any data or information; (v) unauthorized access to or alteration of data; or (vi) any downtime, interruption, or delay in the availability or performance of the Services. This exclusion applies regardless of the cause or legal theory under which such claims or damages are sought, including breach of contract, tort (including negligence), strict liability, statutory liability, or otherwise , and even if CASAFARI has been advised of the possibility of such damages. For the avoidance of doubt, this exclusion is in addition to, and shall be read together with, the limitation of liability set forth in Clause 13.1, and is expressly intended to extend to all circumstances described therein.

Force Majeure
1. For the purposes of this Agreement, an event of force majeure shall be considered to include: strike, fire, flood, earthquake, legislative or administrative acts of a public nature, failures of service by third-party suppliers, delays or breakdowns in internet service provider services, attacks that prevent the operation of internet services or other factors that determine the inability to comply with the obligations of the Parties and that are reasonably beyond the control of the defaulting Party and do not result from intentional or negligent conduct, for any reason, of the defaulting Party, whether by action or omission.

Miscellaneous
1. Nature of the legal relationship between the Parties: The Parties are independent contractors and, under this Agreement, do not constitute any agency, employment, joint venture, or mandate relationship that would allow one to act on behalf of the other in entering into contracts or other types of obligations. The Parties declare and warrant that they may not assert the existence, express or implied, of a legal relationship such as those mentioned above.
2. Assignment: Neither Party may assign its contractual position under this Agreement without the prior written consent of the other Party, whose grant the Parties undertake to ensure reasonably. The assignment of the contractual position by one party without the consent of the other will be invalid. Notwithstanding the foregoing, CASAFARI may freely assign its position under this Agreement to any of its Affiliates, notably as a result of a merger or sale of all or a substantial part of its share capital. In the event of the assignment of the contractual position of either Party, this Agreement shall remain fully or, to the relevant extent, partially valid and in force, binding the new assignee and its officers, directors, and legal representatives.
3. Effects of nullity or annulment: If, for any reason, a competent court considers certain provisions of this Agreement, in whole or in part, invalid or ineffective, such provisions shall, to the maximum extent permitted by law, be deemed valid and effective, and the invalidity of the entire Agreement shall not be determined unless it is shown that, without the defective part, the Parties would not have intended to enter into the Agreement.
4. Non-Waiver of Rights: The failure or defective performance of any of the provisions of this Agreement that may occur at any given time on the part of either Party, as well as the circumstance that the non-defaulting Party does not notify the defaulting Party of the performance or remediation thereof, may not be construed as a waiver of the rights of the non-defaulting Party, whether at that time or in the future.
5. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Parties with respect to its subject matter, replacing any previous or contemporaneous negotiations or agreements, written or oral, concerning the Services.
6. Notifications: Any communications made under this Agreement shall be sent by email to the electronic addresses indicated by the Parties or by registered mail with acknowledgment of receipt.
7. Governing Law and Jurisdiction: This Agreement shall be governed by English law. In the event of dispute arising from or related to this Agreement, the courts of England and Wales shall have the exclusive jurisdiction.
8. Translations: These Terms and Conditions, together with the Order Forms have been translated into several other languages for convenience and informational purposes only. In case of any discrepancy, conflict between the translated versions and the original English version, the English version prevails. CASAFARI assumes no liability whatsoever for any errors, typos, omissions or misinterpretations arising from the translations. For the official binding terms, please refer to the English version.