These Terms of Use govern your access to and use of the Fizbot (www.fizbot.net) website and mobile applications (collectively, the “Site“) and any services(the “Services“) offered on the Site, which is owned and maintained by Makswin Real Estate Technologies Inc. a registered company having its address 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 or registering to the Site and Services. These Terms of Use create a legally binding contract between you and Fizbot.
Notice:
iii) If you are accepting this Terms of Use on behalf of another person or other legal entity, you represent and warrant that you have full authority to bind that person or other legal entity to these Terms.
1.1. Affiliated Parties: means any entity that directly or indirectly controls or is controlled by or is under common control with the subject entity. For the purpose of this definition “Affiliated Parties” also includes all direct and indirect related parties of Fizbot.
1.2. Content: means any text, graphics, images, audio, video, software, data compilations/derivatives and any other form of information capable of being stored in a computer that appears on or forms part of this Website and application;
1.3. Customer: means the legal entity accepting this Terms of Use on it’s own behalf or any other entity using the application and is purchasing the Service online via www.fizbot.net. To avoid any doubt Customers can use the application only for commercial purposes. Any Real person who have the title of consumer within the scope of the legislation, other than real estate agents who are legal entites, cannot use this application.
1.4. Customer Data: means all data, works and materials: (i) uploaded to or stored on the Site by the Customer; (ii) transmitted by the Site at the instigation of the Customer; (iii) supplied by the Customer to Fizbot for uploading to the Site; (iv) generated by the Siteas a result of the use of the Services (but excluding analytics data relating to the use of the Site and server log files)
1.5. Subscription Plan: means the option in terms of quantity and time of use of the SaaS Services, corresponding to the activation of different product’s modules, of the relevant Saas Services
Fizbot is a digital assistant technology that has largest and most advanced real estate database and combines it with artificial intelligence technology, giving real estate consultants/brokers extraordinary abilities to accomplish more.
2.1. Fizbot will not be liable in any way for any Content, including, but not limited to, any errors or negligence in any Content, or any loss or damage of any kind incurred by using any Content posted, emailed, transmitted or otherwise made available via the Services or transmitted elsewhere. Any usage of any Content or materials posted via the Services or obtained by you through the Services is done at your own risk. Customer/user understands and approves that all postings, messages, text, files, images, photos, video, audio or other Content posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated.
2.2. Fizbot acts as a search engine for real estate postings. Fizbot does not act as a real estate agent or real estate listing site for you or any other user and/or the Customer. For specific advice on real estate matters, you should always seek the advice of a licensed real estate agent or buyer’s agent and users who seek to gather detailed information about the properties of the real estate, users agree to visit the source of the posting since Fizbot does not gather and display each and every data related to real estate postings and follows the principles of citation and referment . Fizbot does not perform any real estate advisory services for its users/Customers, including but not limited to real estate brokerage, valuation, legal, financial, or accounting services.
2.3. Customer agrees that the images of the real estates displayed in Fizbot (i) does not contain all the images in the listing sources (ii) are not the original sized or processed images. The aforementioned images are only “thumnail sized” or “small scale sized” images. Customer further agrees that by only using this Site customer cannot access to the descriptions of the real estate which are written by legal entites or real person in the relevant source.
2.4.Fizbot can not be hold liable for the services of third parties or any of their agents or its Customers. As the information provided to you via 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 of the Content and derivatives provided to you through the Site, or the Services. You understand and agree that Fizbot has not entered into any form of fiduciary or brokerage relationship with you solely by your use of the Site, or the Services, or accessing the materials available on the Site.
2.5. Fizbot reserves the right, in its sole and absolute discretion, to make changes from time to time and without notice in how the Service is operated. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work.
Use of Site Services
3.1.Customer accepts that the Site provides a digital personal assistant service for real estate consultants/brokers to be used for commercial and professional purposes, that Fizbot does not carry out real estate consultancy activities or real estate posting site function, and that customer is fully and solely responsible for the use of the Services.
3.2.You will provide registration details (e.g. name, surname and telephone number) via Site in order to create an account with login details. Fizbot can refuse or cancel registration where it deems inappropriate. Customer shall immediately inform Fizbot of any changes of its registration details. Fizbot will not be liable if the Customer cannot access to the Services for providing misleading information or failing to provide up to date details in due time.
3.3.If requested by Fizbot, you agree to provide Fizbot with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver licenses, legal documents which indicates that the customer is agent or broker according to local regulations) or other information as may be needed or requested by Fizbot.
3.4. As a Customer, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
3.5. Fizbot can create multiple accounts for a Customer and Customer is solely responsible for such account holders, its employees’, agents’ and contractors’ compliance with this Terms of Use. Including all the specific restrictions applicable, customer shall (i) use all commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Fizbot immediately of any such unauthorized access or use; (ii) use the Service only in compliance with this Terms of Use and applicable law.
3.6.Customer agrees and understands that Fizbot can prohibit Customer’s any use of or access to the Service where it reasonably believes to be in violations with this Terms of Use and applicable law.
3.7. It is the duty of the Customer to procure any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like.
3.8. Customer agrees and understands that Fizbot is entitled to reference the Customer as a recipient of Services for marketing purposes and in press releases.
Restrictions of Use
4.1.Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to operate as search engine as prescribed under article 2.2 for the Customers. Any use of the Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact users for any other purpose) is prohibited.
4.2. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
4.3.Any personal information you receive via visiting the listing source may only be used for the specific purpose of the listing site’s designated policies. Customer agrees, represents and warrants that Fizbot is not liable relating to any personal information gathered by the customer via the listing source.
4.4. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding”, “spamming,” “mail bombing”, or “crashing”; (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Fizbot in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Payment and Refund
5.1. The Customer acknowledges and agrees to pay Fizbot the fees set forth under the Subscription Plan. All fees are payable to Fizbot in advance and will be charged from the Customer’s credit card in the beginning of each subscription cycle automatically.
5.2. We reserve the right to adjust pricing at any time by providing 5 days prior notice via e-mail to the Customer. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
5.3. You may edit your payment method information by logging onto our mobile app. If you cancel your subscription or if a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the payment method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
5.4.The Customer acknowledges and agrees that Fizbot will have no access to credit card information for any of its Customers; all such information is communicated by the Customer directly to the payment service provider.
5.5.Fizbot uses the payment services of a third party. By using the Service you accept, in your capacity of the Customer, that the payment service Terms of Use are applicable between you and payment service.
5.6. To the extent permitted by law, Fizbot does not as a general rule provide refunds for cancellations of subscription or other purchases. As an exception to this general rule, with respect to monthly Subscription Plan, Fizbot may refund the last month`s fee in a monthly recurring subscription just for the first subscription period. To cancel your subscription, you can send an e-mail to [email protected], make a written notification to our Whatsapp support line at +90 537 617 66 01 or make a verbal notification by calling our hotline at +90 850 840 84 59.
Intellectual Property, Ownership and Title
6.1. The Service is proprietary to Fizbot and is protected by intellectual property laws and international intellectual property treaties. Fizbot and its logos are either 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 that of our suppliers or licensors.
6.2. Fizbot believes that public factual data are public property and available for crawling/mining. Since we display the data by adding value with its artificial intelligence technology and machine learning techniques and we make the Services available by only via a gateway(Username and Password requirement) you must not systematically extract and/or re-utilise 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 re- utilisation any substantial parts of the Site. You must not create and/or publish your own database that features substantial parts of the Site without our prior written consent.
6.3. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third-party products, services and/or locations featured on the Site are in no way associated, linked or affiliated with Fizbot. Any trademarks/names featured on the Site are owned by the respective trademark owners.
6.4. 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 Service and the Site, all improvements, enhancements or modifications thereto; (ii) any software, applications, inventions or other technology developed in connection to the Service, Site or support; (iii) in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals and extensions of such rights. Customer is not granted any rights to any trademarks or service marks of Fizbot. Nothing in this Terms of Use shall be interpreted to grant (by implication or otherwise) any license or rights to Customer except as expressly stated herein.
6.5. Notwithstanding anything to the contrary, Fizbot shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Site and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Fizbot will be free (during and after the term hereof) 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 solely in aggregate or other de-identified forms in connection with its business to third parties.
Disclaimer of Warranty and Limitations of Liability
7.1.CUSTOMER EXPRESSLY UNDERSTANDs AND AGREEs THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FİZBOT EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PRODUCT. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
7.2. Fizbot grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Users, Customers, the Services, or the Site (or any information contained in the site). Fizbot does not grant any implied warranties of merchantability, for a particular purpose, or non-infringement. Fizbot does not warrant the accuracy, adequacy or completeness of any information and materials on the site or provided or obtained in connection therewith, including, but not limited to, information contained in any background or verification report, regardless of whether ordered by a Customer or Fizbot. Fizbot does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the site will be corrected. Fizbot makes no warranties about the connectivity and continued availability of the Site or Services. Customer/user agrees to release Fizbot and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) the use of the Site, (ii) your use of the Services, (iii) any claim or controversy that may arise from any disputes between the customer and other users, or (iv) any background or verification report, regardless of whether ordered by a user or Fizbot. Fizbot makes no claims or promises about the accuracy, completeness, or usefulness of any information including but not limited with the Customer Data on the Site or available through the Services.
7.3.In no event will Fizbot or its affiliated parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of or anyone else in connection with the use of the Site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from (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 to or by any user of the Site or Services, and (iii) reviews or comments made about you on the Siteby other users.
7.5. Customer agrees that neither Fizbot nor its Affiliated Parties have any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data.
7.6. Without limiting any other provision in these Terms of Use, Fizbot’s maximum aggregate liability to you for losses or damages you suffer in connection with the Site, the Services or Terms of Use is limited to the amount paid, if any, by you to Fizbot in connection with the Site in the 12 months prior to the action giving rise to the liability.
7.7. You agree that Fizbot shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you may have with other users of the Site or Services or with third parties accessed through the Services. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Fizbot is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Fizbot, its officers, directors, employees, agents and successors and assigns from any and all claims, demands and damages (actual and consequential) of every kind or nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
Indemnification
8.1. Customer/user agrees to indemnify, defend and hold harmless Fizbot and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by Fizbot and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) own use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Use or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a user or Fizbot. You agree that you will cooperate as reasonably requested by Fizbot in the defense of such claims. Fizbot and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users.
8.2. Customer agrees to recieve commercial electronic messages with campaign, promotional and advertising content to your contact information and processing your personal data for this purpose and sharing them with our suppliers.
8.3.You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others.
8.4. When you access the Site and/or use the Services or Additional Services, it is possible that Fizbot may process your personal data.Customer agrees and acknowledges that all the data(e.g. sold listing data, generated reports, contact information) obtained via using the Site including their personal data can be transferred to another country for storege and service enhancement purposes. You can get detailed information about how and why Fizbot process your personal data in our Privacy Policy. Fizbot may use cookies when user/customer browse the Site. You can get detailed information about our use of cookies in our Cookies Policy.
8.5. Your use of the Site and the Services, including, but not limited to, the content posted on the Site and/or communication with third parties, must be in accordance with all applicable laws and regulations. Customer agrees to use “Share Listing” feature which allows customers to share the listings to third parties in accordence with all applicable laws and regulations. This feature does not allow customers to share all the information regarding the property and the shared link will be expired in 1 month . The shared link can only be displayed by the recipient. To avoid any doubt; Fizbot only acts as a search engine for real estate postings and therefore; services that Fizbot provides cannot be interpreted as real estate listing site service
8.6. Customer agrees to report via email to [email protected] any violation of these Terms of Use or any alleged improprieties of any users.
Termination of Customer`s Account.
9.1.As a Customer, This Terms of Use will remain valid during the Subscription Plan and be automatically renewed for additional periods equal to the expiring term unless either Party gives the other notice of non-renewal at least 30 (thirty) days before the end of the Subscription Plan.
9.2. If the Customer fails to cure any breach of this Terms of Use within 30 (thirty) days after written notice of such breach, Fizbot can terminate/freeze the Customer`s account and immediately seize the Customer`s access to the Services.
9.3. The Site include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites (each, a “Third Party Site“) or advertisements. We do not control or endorse any Third-Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third-Party Site or advertisement. Your use and access of a Third-Party Site is at your own risk and is subject to the terms and conditions for such Third-Party Site.
General Provisions
10.1. The Terms and your relationship with Fizbot under the Terms of Use shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The parties will submit all disputes arising out of or relating to this Terms of Use, or the subject matter hereof, to final and binding arbitration in Wilmington, Delaware, in accordance with the then-existing 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 any such arbitration, the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each party and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator, and the third arbitrator shall be appointed by the AAA . The parties understand that in agreeing to arbitration they are waiving any rights they might otherwise have to a jury trial. Notwithstanding this, you agree that Fizbot shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
10.2. Nothing in Terms of Use may be construed as making 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.
10.3. If any provision of these Terms of Use is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Use shall remain in full force and effect.
10.4.These Terms of Use contains the entire agreement between you and Fizbot regarding the use of the Site and Services and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Use.
10.5.You acknowledge and agree that each member of the group of companies of Fizbot shall be third party beneficiaries to this Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
10.6. If you have any questions or need further information as to the Site or the Services or need to notify Fizbot as to any matters relating to the Site or Services, please contact Fizbot at: [email protected] or [email protected]
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