TERMS OF USE
These Terms of Use govern your access to and use of the Fizbot (www.fizbot.net) website and mobile applications (collectively, the “Site”), and all services provided through the Site (the “Services”), which are owned and operated by Makswin Real Estate Technologies Inc., a company registered at 18585 Coastal Hwy Unit 10 #2009, Rehoboth Beach, DE 19971, USA (“we”, “us”, and/or “Fizbot”).
Please read these Terms of Use carefully before using the Site or the Services, or registering for them. These Terms of Use constitute a legally binding agreement between you and Fizbot.
Notice:
iii) If you accept these Terms of Use on behalf of another person or another legal entity, you represent and warrant that you have full authority to bind such person or legal entity to these Terms.
1.1. Affiliates : “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the relevant entity. For the purposes of this definition, “Affiliates” also includes all of Fizbot’s direct and indirect affiliated parties.
1.2. Content : “Content” means any and all text, graphics, images, audio, video, software, data compilations/derivatives, and any other information capable of being stored on a computer, appearing on or forming part of this Site and the application.
1.3. Customer : “Customer” means the legal entity that accepts these Terms of Use on its own behalf, or any other legal entity that uses the application and purchases the Service online through www.fizbot.net. For the avoidance of doubt, Customers may use the application solely for commercial purposes. No natural person who qualifies as a consumer under applicable legislation may use this application, except for real estate professionals operating through a legal entity.
1.4. Customer Data: “Customer Data” means all data, works, and materials that are: (i) uploaded to or stored on the Site by the Customer; (ii) transmitted by the Site at the Customer’s request; (iii) provided to Fizbot by the Customer for uploading to the Site; or (iv) generated by the Site as a result of the use of the Services (excluding analytics data regarding Site usage and server log files).
1.5. Subscription Plan: “Subscription Plan” means the option corresponding to the activation of different product modules of the relevant SaaS Services, in terms of the usage amount and duration of the SaaS Services.
Fizbot is a digital assistant technology that combines the largest and most advanced real estate database with artificial intelligence technology to provide exceptional capabilities for real estate consultants/brokers to achieve more.
2.1. Fizbot shall not be responsible for any Content in any manner whatsoever, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, otherwise made available through the Services, or otherwise transmitted elsewhere. All risks relating to the use of any Content or material posted through the Services or obtained by you through the Services shall be solely yours. The Customer/user understands and acknowledges that all posts, messages, texts, files, images, photographs, videos, sounds, or other Content published on the Site, transmitted through the Site, or linked from the Site are solely the responsibility of the person or entity from which such Content originated.
2.2. Fizbot serves as a search engine for real estate listings. Fizbot does not act as a real estate agent or a real estate listing/advertising website for you or any other user and/or Customer. For specific advice on real estate matters, you should always seek advice from a licensed real estate agent or buyer’s agent. Users who wish to gather detailed information about a property understand and agree that they must visit the source of the listing, as Fizbot does not collect or display every data point relating to real estate listings and, as a search engine, follows quotation and reference principles. Fizbot does not provide any real estate advisory services for its users/Customers, including but not limited to brokerage, valuation, legal, financial, or accounting services.
2.3. The Customer acknowledges and agrees that the images of properties displayed on Fizbot (i) do not include all images available in the listing/advertising sources, and (ii) are not original-size or processed images. The above images are provided only as “thumbnail” or “small-scale” images. The Customer further acknowledges that, by using only this Site, they will not be able to access property descriptions written by legal entities or natural persons on the relevant source.
2.4. Fizbot cannot be held responsible for the services of third parties, their representatives, or Customers. Since the information provided to you through Fizbot is based on publicly available and factual technical data created by third parties, Fizbot cannot assume any responsibility or liability for the timeliness, completeness, or accuracy of any Content and derivatives provided to you through the Site or the Services. You understand and agree that Fizbot does not enter into any fiduciary or agency relationship with you solely due to your use of the Site or Services or your access to materials available on the Site.
2.5. Fizbot reserves the right, at its sole discretion, to make changes from time to time in the operation of the Services without notice. Any description of how the Services operate shall not be deemed a representation or obligation as to how the Services will operate at all times.
3.1.The Customer acknowledges and accepts that the Site provides digital personal assistant services for real estate consultants/brokers for commercial and professional purposes; that Fizbot does not carry out real estate advisory activities or operate as a real estate listing website; and that the Customer is solely and entirely responsible for the use of the Services.
3.2. To create an account with login credentials, you must provide registration information through the Site (e.g., first name, last name, and phone number). Fizbot may refuse or cancel registration in cases it deems inappropriate. The Customer shall promptly notify Fizbot of any changes to the registration information. Fizbot shall not be liable if the Customer cannot access the Services due to providing misleading information or failing to provide updated information in a timely manner.
3.3. If requested by Fizbot, the Customer agrees, represents, and undertakes to provide Fizbot with identity documents (including, but not limited to, social security numbers, tax identification numbers, copies of passports and driver’s licenses, and legal documents evidencing that the Customer is an agent or broker under local regulations/laws) or other information that may be required or requested by Fizbot.
3.4. As a Customer, you are responsible for maintaining the confidentiality of your password and account login information, and you are solely responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account.
3.5. Fizbot may create more than one account for a Customer, and the Customer shall be solely responsible for ensuring that the account holders, employees, representatives, and contractors comply with these Terms of Use. Including all applicable specific restrictions, the Customer shall: (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and promptly notify Fizbot of any such unauthorized access or use; and (ii) use the Services only in accordance with these Terms of Use and applicable laws.
3.6. The Customer acknowledges and understands that Fizbot may prohibit the Customer from using or accessing the Services if Fizbot reasonably believes that the Customer is in violation of these Terms of Use and applicable laws.
3.7. It is the Customer’s responsibility to obtain all equipment and ancillary services required to connect to, access, or otherwise use the Services, including but not limited to modems, hardware, servers, software, operating systems, networks, web servers, and similar items.
3.8. The Customer acknowledges and understands that Fizbot has the right to refer to the Customer as a recipient of the Services for marketing purposes and in press releases.
4.1. The Customer agrees, represents, and undertakes to enter transaction data within the scope of Fizbot Data Club membership using true, accurate, and up-to-date information. If Fizbot or any third party suffers any damage due to the Customer’s submission of inaccurate transaction data under this clause, the Customer shall personally indemnify and compensate such damage; the Customer acknowledges that Fizbot bears no liability for the occurrence of such damage; and if, for any reason, Fizbot is required to compensate such damage, Fizbot shall have the right of recourse against the Customer who submitted inaccurate data.
4.2. The Customer agrees, represents, and undertakes that, in order to access transaction data entered by other Customers within the scope of Fizbot Data Club membership or entered through various integration methods between the Customer and Fizbot, the Customer must enter their own transaction data, and that such sharing is mandatory in order to benefit from all features of the membership.
4.3. The Customer agrees, represents, and undertakes that if no transaction data is entered into the relevant platform for a period exceeding thirty (30) days within the scope of Fizbot Data Club membership, the Customer’s Fizbot Data Club membership will be suspended and the Customer will not be able to view transaction data entered by other Customers. The Customer further agrees, represents, and undertakes that if their Fizbot Data Club membership is suspended once within one (1) calendar year under the Fizbot membership, then Fizbot Data Club membership will not be re-assigned to the Customer for a period of three (3) months from the date of the most recent suspension.
4.4. The Customer agrees, represents, and undertakes that they cannot individually become a Fizbot Data Club member unless their affiliated Broker office has an FSN(Fizbot Sales Navigator) membership, and that they cannot benefit from the advantages provided by this membership; that this membership is not a right granted through individual/group Fizbot membership; and that it is a membership provided only together with FSN membership.
4.5. Within the scope of membership management, the Customer may start, terminate, or re-start membership after termination in accordance with the membership terms and conditions by emailing destek@fizbot.net, by providing written notice to our WhatsApp support line at +90 537 617 66 01, or by contacting our information line at +90 850 840 84 89. The Customer agrees, represents, and undertakes that, upon termination of Fizbot Data Club membership, the Customer will only be able to access transaction data entered for their own office and will not have access to transaction data belonging to other Customers.
4.6. The Customer agrees, represents, and undertakes that if the Customer terminates their membership under this Agreement for any reason, the transaction data entered by the Customer within the scope of Fizbot Data Club membership will be removed from the relevant data pool, and other Customers will not be able to view the transaction data of the Customer whose membership has ended.
4.7. The Customer agrees, represents, and undertakes that no personal data is included under any circumstances within the transaction data shared within Fizbot Data Club; that such data consists solely of factual data such as property characteristics and numerical data relating to the sale transaction; and that such transaction data will be made accessible to all Fizbot Data Club members who satisfy the terms and conditions.
5.1. Your account is for your personal use, and you may not allow another person to use your account. The Site is designed to operate as a search engine for Customers as specified in Clause 2.2. Use of the Site for any other purpose (including, without limitation, using the Site or information obtained from the Site for any other purpose to solicit users, advertise to them, or contact them) is prohibited.
5.2. You may not send or transmit chain letters, junk mail, or spam emails to other users, or use any information obtained from the Site to harass, abuse, or harm another person. To protect users from such activities, we reserve the right to take appropriate measures, including but not limited to terminating subscriptions and/or accounts, or blocking access to the Site for users with certain IP addresses.
5.3. Any personal information you obtain by visiting a listing/advertising source may be used solely for the specific purpose set forth in the policies of the listing/advertising site. The Customer acknowledges, represents, and warrants that Fizbot is not responsible for any personal information collected by the Customer via the listing source.
5.4. Customers and users are prohibited from: (a) violating or attempting to violate any security feature of the Site or Services, including but not limited to accessing content or data not intended for them or logging into a server or account that they are not authorized to access; (b) probing, scanning, or testing the vulnerability of the Services or Site, or breaching security or authentication measures without proper authorization; (c) interfering with or attempting to interfere with the service of any user, host, or network, including but not limited to by means of malicious software, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Services to send unsolicited email, including but not limited to promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or posting using the Services; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form any source code used by Fizbot to provide the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
6.1. The Customer agrees, represents, and undertakes to pay Fizbot the fees specified under the Subscription Plan. All fees shall be paid to Fizbot in advance and will be automatically charged to the Customer’s credit card at the beginning of each subscription cycle.
6.2. We reserve the right to change pricing at any time by providing the Customer with five (5) days’ prior notice via email. If you do not cancel your subscription, you will be deemed to have accepted such new fees.
6.3. You may edit your payment method information by logging into our mobile application. If you cancel your subscription or if a payment is not successfully processed due to expiration, insufficient funds, or any other reason, you will remain responsible for any uncollected amounts, and you authorize us to continue billing the payment method or other payment method(s) you provided, including, as applicable, by updating such method(s) and by attempting to reactivate the unpaid account or create a new account. This may result in a change to your billing dates. If we are unable to collect your payment, we reserve the right to terminate your access to our Site or any part thereof.
6.4. The Customer acknowledges and confirms that Fizbot shall not have access to any Customer’s credit card information; all such information is transmitted by the Customer directly to the payment service provider.
6.5. Fizbot uses a third-party payment service. By using the Service, you acknowledge, in your capacity as Customer, that the payment service Terms of Use apply between you and the payment service provider.
6.6. To the extent permitted by law, Fizbot, as a general rule, does not provide refunds/returns for subscription or other purchase cancellations. As an exception to this general rule, only for the monthly Subscription Plan, Fizbot may refund the fee for the last month in a monthly recurring subscription. To cancel your subscription, you may email destek@fizbot.net, provide written notice to our WhatsApp support line at +90 537 617 66 01, or provide verbal notice by calling our information line at +90 850 840 84 59.
7.1. The Services and the Site are the property of Fizbot and are protected by intellectual property laws and international intellectual property treaties. Fizbot and its logos are trademarks, service marks, or registered trademarks of Fizbot or its affiliates, suppliers, or licensors, and may not be copied, imitated, or used, in whole or in part, without our prior written permission or the permission of our suppliers or licensors.
7.2. Fizbot believes that publicly available factual data is in the public domain and open to crawling/processing. Because we display such data by adding value through artificial intelligence and machine learning techniques, and provide the Services only through a gateway (username and password requirement), you must not systematically extract and/or reuse parts of the Site or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for the purpose of reusing substantial parts of the Site. You must not create and/or publish your own database containing substantial parts of the Site without our prior written permission.
7.3. Unless expressly stated otherwise, all persons (including their names and images), third-party trademarks, and third-party product, service, and/or location images featured on the Site are in no way associated with, linked to, or affiliated with Fizbot. All third-party trademarks/names on the Site belong to their respective owners.
7.4. The Customer shall own all right, title, and interest in and to the Customer Data. Fizbot retains all right, title, and interest in and to: (i) the Services and the Site, and any improvements, enhancements, or modifications thereto; (ii) any software, applications, inventions, or other technology developed in connection with the Services, the Site, or support; and (iii) all related intellectual and industrial property and proprietary rights, including copyrights, trade secrets, patents, trademarks, and all registrations, applications, renewals, and extensions thereof. No right is granted to the Customer in any Fizbot trademark or service mark. Nothing in these Terms of Use shall be construed (by implication or otherwise) to grant the Customer any license or rights except as expressly stated herein.
7.5. Fizbot shall have the right to collect and analyze data and other information relating to the provision, use, and performance of the Site and related systems and technologies (including but not limited to information relating to Customer Data and data derived therefrom), and Fizbot shall be free (during and after the term of this Agreement) to: (i) use such information and data to improve and enhance the Site and for other development, diagnostic, and corrective purposes in connection with the Site and other Fizbot offerings; and (ii) disclose such data only in aggregate forms in connection with its business.
8.1. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT YOUR USE OF THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. FIZBOT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR SOLE DISCRETION AND RISK.
8.2. Fizbot makes no warranties, whether express or implied, statutory or otherwise, regarding users, Customers, the Services, or the Site (or any information contained on the Site). Fizbot makes no implied warranty of merchantability or non-infringement for a particular purpose. Fizbot does not warrant the accuracy, adequacy, or completeness of any information and materials provided on or in connection with the Site or obtained thereby, including but not limited to information contained in any background or verification report, whether or not ordered by the Customer or Fizbot. Fizbot does not warrant that your use of the Site or Services, or the information on the Site, will be secure, uninterrupted, error-free, available, accurate, or that any defect on the Site will be corrected. Fizbot makes no warranty regarding the connectivity and continuous availability of the Site or Services. The Customer/user agrees to release Fizbot and its Affiliates from any and all claims, demands, damages, liabilities, costs, or expenses of any kind and nature whatsoever—whether known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or related to (i) the use of the Site, (ii) your use of the Services, (iii) any dispute between the Customer and other users, or (iv) any background or verification/valuation report, whether or not ordered by a user or Fizbot. Fizbot makes no representations or warranties regarding the accuracy, completeness, or usefulness of any information, including but not limited to Customer Data, provided on the Site or through the Services.
8.3. In no event shall Fizbot or its Affiliates be liable for any direct, indirect, general, special, compensatory, consequential, and/or incidental damages, including but not limited to bodily injury, arising out of or relating to any person’s conduct in connection with the use of the Site or Services, including: (i) interactions with other users of the Site, whether online or offline; (ii) your reliance on information or other content posted on the Site or transmitted by any user of the Site or Services; and (iii) emotional distress and/or other damages resulting from reviews or comments made about you by other users on the Site.
8.4. The Customer acknowledges that neither Fizbot nor its Affiliates shall have any liability for: (i) indirect, special, incidental, or consequential damages; (ii) loss of profits; (iii) business interruption; (iv) loss or damage to reputation; or (v) loss of information or data.
8.5. Without limiting the other provisions of these Terms of Use, Fizbot’s maximum total aggregate liability to you for any losses or damages suffered in connection with the Site, the Services, or these Terms of Use shall be limited to the amount you paid to Fizbot in connection with the Site in the twelve (12) months preceding the event giving rise to the liability, if any.
8.6. You acknowledge and agree that Fizbot shall not be responsible or liable for any loss or damage arising as a result of any transaction you may conduct with other users of the Site or with third parties accessed through the Services. The Customer agrees, represents, and undertakes that if the Customer communicates with third parties through any communication channel using Fizbot, the Customer has conducted the necessary investigations to ensure that such communication is lawful, and that the content and legal consequences of such communication are solely the Customer’s responsibility. You understand and agree that Fizbot has no obligation to become involved in any dispute between users of this Site or between users and any third party. In the event of a dispute with one or more users, you release Fizbot, its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, and damages (actual and consequential) of every kind and nature whatsoever—whether known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and/or our Services.
9.1. The Customer/user agrees to indemnify, defend, and hold harmless Fizbot and its Affiliates against any and all claims, losses, expenses, demands, or liabilities (including attorneys’ fees and costs) incurred by Fizbot and its Affiliates in connection with: (i) any third-party claim (including an intellectual property claim) arising from the Customer/user’s use, misuse, or inability to use the Site or Services; (ii) any material or content you send, post, or transmit through the Site; (iii) your breach of these Terms of Use or violation of any third party right; (iv) your interactions with or conduct toward other users; (v) your violation of any applicable law, rule, or regulation; or (vi) errors in any background or verification/valuation report, whether or not ordered by a user or Fizbot; and you agree to cooperate as reasonably requested by Fizbot in defending such claims. Fizbot and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users.
9.2. The Customer consents to receiving commercial electronic messages containing campaigns, promotions, and advertising to their contact information, and to the processing of their personal data for this purpose and sharing it with our suppliers.
9.3. When using the Site, you assume all risk, including but not limited to risks associated with any online or offline interaction with others.
9.4. When you access the Site and/or use the Services or additional services, Fizbot may process your personal data. The Customer acknowledges and confirms that all data obtained through use of the Site, including personal data (e.g., sold listing data, generated reports, contact information), may be transferred to another country for storage and for the purpose of improving the Service. You can obtain detailed information about how and why Fizbot processes your personal data from our Privacy Policy. Fizbot may use cookies while the Customer/users browse the Site. You can obtain detailed information about our cookie use from our Cookie Policy.
9.5. Your use of the Site and Services, including but not limited to content published on the Site and/or communications with third parties, must comply with all applicable laws and regulations. The Customer agrees to use the “Send Listing” feature, which enables Customers to share listings with third parties, in compliance with all applicable laws and regulations. This feature does not allow Customers to share all information about the property, and the validity period of the shared link will expire within one (1) month. The shared link may be viewed only by the recipient. For the avoidance of doubt, Fizbot serves only as a search engine for real estate listings and, therefore, the services provided by Fizbot shall not in any way be interpreted as real estate listing/advertising website services.
9.6. The Customer agrees to report any breach of these Terms of Use or any alleged misconduct by any user to info@fizbot.net by email.
10.1. As a Customer, these Terms of Use shall remain in effect during the Subscription Plan term and shall automatically renew for additional periods equal to the expired term unless one Party notifies the other Party of non-renewal at least thirty (30) days before the end of the Subscription Plan.
10.2. If the Customer fails to cure any breach of these Terms of Use within thirty (30) days after written notice of such breach, Fizbot may terminate/freeze the Customer’s account and immediately terminate the Customer’s access to the Services.
10.3. The Site contains functions/links to link to other websites (including sites framed within the Site) or applications, or to connect to advertisements, each of which constitutes a “Third-Party Site.” Fizbot does not control or endorse any Third-Party Site or advertisement and is not responsible for any content, product, advertising, or other materials offered on or provided by such Third-Party Site or advertisement. Your use of and access to a Third-Party Site is at your own risk and is subject to the terms and conditions of such Third-Party Site.
11.1. Your relationship with Fizbot under these Terms and Terms of Use shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions. The Parties shall submit any disputes arising out of or relating to these Terms of Use or the subject matter hereof to final and binding arbitration in Wilmington, Delaware in accordance with the then-current rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In such arbitration, any decision or award shall be rendered by the majority of the members of an Arbitration Panel consisting of three (3) members: one appointed by each Party and a third who shall be the chairperson appointed by mutual agreement of the two party-appointed arbitrators. If such two arbitrators fail to agree on the appointment of the third arbitrator within sixty (60) days following commencement of arbitration, the third arbitrator shall be appointed by the AAA in accordance with its rules. If a Party fails to appoint an arbitrator within thirty (30) days after commencement of arbitration, such arbitrator and the third arbitrator shall be appointed by the AAA. By agreeing to arbitration, the Parties understand that they waive any right they may otherwise have to a jury trial. Notwithstanding the foregoing, you agree that Fizbot shall be permitted to seek injunctive relief (or equivalent urgent legal remedy) in any jurisdiction.
11.2. Nothing in these Terms of Use shall be construed to make either Party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Fizbot is not an employment service or agency and does not serve as an employer or referral source for any user.
11.3. If any provision of these Terms of Use is held unenforceable, such provision shall be modified to reflect the Parties’ intent, and all remaining provisions of these Terms of Use shall remain in full force and effect.
11.4. These Terms of Use constitute the entire agreement between you and Fizbot regarding your use of the Site and Services and supersede all prior agreements between you and us on this subject. The Parties acknowledge that no representation not set forth in these Terms of Use has been relied upon and shall have no validity.
11.5. You acknowledge and agree that each member of Fizbot’s group of companies shall be a third-party beneficiary of these Terms of Use and that such other companies shall have the right to directly enforce and rely upon any provision of these Terms that confers a benefit (or rights in its favor) on them. Other than this, no other person or company shall be a third-party beneficiary of these Terms.
11.6. If you have any questions about the Site or Services, need more information, or need to notify Fizbot about any matter related to the Site or Services, please contact Fizbot at info@fizbot.net or destek@fizbot.net.
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