Terms Of Use

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 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/orFizbot”).

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:

i)               By using the Site, the user shall be bound by these Terms of Use. If you do not agree to these terms, do not register, access, or otherwise use any of our Services.

ii)              The Customer declares that he/she is over 18 years old and has the legal capacity to conclude this Terms of Use. The Customer accepts and declares that he/she is a real estate consultant/broker, that he/she will use the Site for commercial and professional purposes and, therefore, cannot benefit from the rights set forth in the Consumer Protection Law and its related regulations in no way and by any means.

iii)             If you are accepting this Terms of Use on behalf of another person, Fizbot or other legal entity, you represent and warrant that you have full authority to bind that person, Fizbot or legal entity to these Terms.

iv)             We may modify these Terms of Use from time to time. When changes are made, we will make the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. If you continue to use the Services after the revisions take effect, you agree to be bound by the revised terms. You agree that we shall not be liable to you or to any third party for any modification of the Terms.

1.             Definitions

 

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 purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

1.2.         Content: means the real estate announcements, derivatives and services that the Customer has access to on the Site.

1.3.         Customer: means the individual or corporate entity (as applicable) accepting this Terms of Use on his or her own behalf, or in the case of an individual accepting this Terms of Use on behalf of a Fizbot or any other entity and is purchasing the Service online via www.fizbot.net.

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 the Fizbot for uploading to, transmission by or storage on the Site; (iv) or generated by the Site as 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 type of Service chosen by the Customer via www.fizbot.net. (https://fizbot.net/), including the type of product and specific elements.  

 

2.             Nature of Our Site and 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 extraordinary abilities to accomplish more.

 

2.1.         Under no circumstances will Fizbot be liable in any way for any Content, 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 or otherwise made available via the Services or transmitted elsewhere. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is done at your own risk. You understand 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 does not act as a real estate agent 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. Fizbot does not perform any real estate advisory services for its users, including but not limited to real estate brokerage, valuation, legal, financial, or accounting services.

 

2.3.         Fizbot does not assume any liability for the services of third parties or any of their agents or its Customers. As the data information provided to you via Fizbot is based on publicly available 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.

 

2.4.         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.

 

3.             Use of Site and Services

3.1.         Customer accepts that the Site provides a digital personal assistant service for real estate consultants to be used for commercial and professional purposes, that the Fizbot does not carry out real estate consultancy activities, and that he/she 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 the Site and Fizbot will create an account with login details. Fizbot can refuse registration of, or cancels passwords 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) 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; (ii) shall 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; (iii) 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 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.

 

4.             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 2.1 for the Customers. Any use of this 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, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.

 

4.3.         Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services.

 

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.

 

5.             Payment and Refund

 

5.1.         The Customer acknowledges and agrees that he will 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 30 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 website or mobile app If you cancel your subscription. 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 acknowledge 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 (Stripe).

 

5.5.         Fizbot uses the payment services of Stripe Payments Europe. By using the Service and the Stripe payment service, you accept, in your capacity of the Customer, that the Stripe Terms of Use are applicable between you and Stripe Payments Europe. These Stripe Terms of Use are attached to these Terms of Use and from an integral part hereof.

 

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 (Trial).

 

6.             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 Our 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.         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 us. 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 Service and for other development, diagnostic and corrective purposes in connection with the Service 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.

 

7.             Disclaimer of Warranty and Limitations of Liability

 

7.1.         "As-is" Basis. Fizbot provides the Site on an "as is" and "as available" basis. Your use of the Site is at your own discretion and risk.

 

7.2.          No Warranties. 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. You agree 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) your use of the Site, (ii) your use of the Services, (iii) any claim or controversy that may arise from any disputes between you and other Users, or (iv) any background or verification report, regardless of whether ordered by a User or Fizbot.

 

7.3.         Customer Data. 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.

 

7.4.         Limitation of Liability. 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 you 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 Site by other Users.

 

7.5.         No Consequential Damages. You agree 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.         Maximum Liability. 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.

 

8.             Indemnification

 

8.1.         You agree 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) your 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.          You consent to sending 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.         Risk Assumption and Precautions. 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. You agree to take all necessary precautions when meeting other Users.

8.4.         Personal Data Protection. When you access the Site and/or use the Services or Additional Services, it is possible that we may process your personal data. You can get detailed information about how and why we process your personal data in our Privacy Policy.  We also hereby notify you that we may use cookies when you browse the Site. You can get detailed information about our use of cookies in our Cookies Policy.

8.5.         No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the content posted on the Site and/or communication with users and visitor of the Site, must be in accordance with all applicable laws and regulations.

8.6.         Reporting of Violations. You agree to report to us promptly any violation of these Terms of Use or any alleged improprieties of any Users. You can contact us at [email protected]

 

9.             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 the Customer`s account and immediately seize the Customer`s access to the Services.

 

10.           Third-party Sites. The Site may 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.

 

 

11.           General Provisions

 

11.1.      Governing Law and Jurisdiction. The Terms and your relationship with Fizbot under the Terms 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 (the “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 in accordance with the Rules. 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.

 

11.2.      No Joint Venture or Partnership. 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.

 

11.3.      Severability. 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.

 

11.4.      Complete Agreement. 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.

 

11.5.      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.

 

11.6.      Contact Information. 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]