We welcome you to Pincali! These Terms of Service (the “Terms of Service”) set forth the conditions of use of the Pincali website (www.pincali.com), its virtual platform, its mobile application, its software or any service that EasyBroker, LLC makes available to Users through them, except those that are governed by other documents (collectively, the “Pincali Platform” ).

The Pincali Platform is a Software as a Service platform owned by EasyBroker LLC, the provision and/or licensing of which may be carried out by EasyBroker LLC, as well as by its related companies and/or entities ( all of them jointly referred to as “Pincali”).

The Pincali Platform is a tool designed for the publication and search of properties, including, but not limited to apartments, houses, PHs, land, warehouses, sheds, commercial premises, among others; that are available for sale or rent (the “Properties”). Properties for sale or rent are advertised on the Pincali Platform that are uploaded by Advertiser Users, allowing them to be viewed by Homeseekers Users, who can perform advanced and intelligent searches within the Pincali Platform. In turn, Homeseekers Users can communicate with Advertiser Users in case they are interested in one or more Properties. For these purposes, the Pincali Platform provides its Users with the Services detailed in Section 1 of the Terms of Service.

By downloading, accessing or using the Pincali Platform, and its related Services and content, the User You acknowledge that you have read and understood the Terms of Service and any supplementary documents thereto, and agree that you will be bound by them and that you will also comply with all applicable laws and regulations regarding the use of the Pincali Platform, its Services and content.

IF THE USER DOES NOT AGREE WITH THE TERMS OF SERVICE, THE USER SHOULD NOT DOWNLOAD, ACCESS OR USE THE PINCALI PLATFORM, ITS SERVICES OR CONTENTS, IN ANY WAY.

The Pincali Platform Services include - among other services whose details are available on the Pincali Platform - the following (the “Services”):

1. Services for Homeseekers Users
1. Property search engine and display of Advertisements (as such term is defined below) uploaded and duly published by Advertiser Users on the Pincali Platform;
2. Sending communications to Advertiser Users regarding Properties of interest to the Homeseeker User;
3. “Property Boards” tool (as detailed below) later;
2. Services for Advertiser Users
1. Publication and management of Advertisements on the Platform Pincali;
2. Receiving messages from Homeseeker Users interested in the Advertisements of the published Properties;
3. Other related services that Pincali may make available to Users on its own or through a third party.

1.1. About Advertisements and Properties. Among the Services offered to Homeseekers Users is the display of the advertisements of the Properties that the Advertiser Users upload to the Pincali Platform, managing their correct publication (the “Announcements”).

Pincali has minimum requirements that the Announcements must meet to be visible on its Platform, such as, for example, having photographs with good visibility of the Property and including the Advertiser User's identification data, among other minimum requirements that Pincali may have.

The Advertiser User accepts and acknowledges that Pincali may, at any time and at its sole discretion, modify or add requirements for the publication of Advertisements on its Platform, some of which may have associated costs, and may also charge and/or limit the number of Advertisements displayed on the Pincali Platform, without the Advertiser User having the right to any claim in that regard. sense.

Homeseekers Users will be able to enter a Advertisement of their choice and select the option to contact the Advertiser User who posted the Advertisement. The Advertiser User will receive the message from the Homeseeker User by email or by other means established by Pincali, in order to contact the Homeseeker User.

1.2. About Property Boards. The “Property Board” (also called “Board”) is a Service that Pincali makes available to Homeseeker Users, which consists of the possibility for them to create Property Boards in which they can save Advertisements of interest to them. These Boards may be shared with third parties that the Homeseeker User determines, and who may not be registered on the Pincali Platform. In turn, they may determine that Homeseeker Users may authorize third parties to modify, make suggestions and save new Properties on the Boards. Pincali reserves the right to require such third parties to register on the Pincali Platform and have a User Account on the Pincali Platform in order to create, share, make suggestions, modify and/or save Properties on Property Boards owned by it or by third parties.

In the event that an Ad is terminated, Pincali may continue to use the information contained therein, if applicable, in connection with the purposes set forth in Pincali's Privacy Policies. Users waive any claim against Pincali related to the removal of the Properties from the Property Board pursuant to the foregoing.

2.1. Types of Users. Any person who accesses and/or uses the Pincali Platform will be considered a "User", whether registered or not. Any User who registers on the Pincali Platform will be considered a "Registered User", who may register as:

1. Homeseeker User. User who registers for the purpose of searching for Properties, creating Boards and contacting the advertisers who upload the Properties.
2. Advertiser User. User who registers for the purpose of uploading Advertisements about the Properties that are for sale or rent, and receiving communications from Homeseeker Users.

2.2. Credentials. Certain Services offered through the Pincali Platform are only available to Registered Users, and may therefore require the User to register on the Pincali Platform. The registration process requires completing the requested personal information with accurate, truthful and current data in a form provided by Pincali for such purposes, generating a username and password ("Credentials") and accepting these Terms of Service and their complementary Privacy Policies, in order to generate a "User Account".

Registered Users may also generate their Credentials by linking the User Account with certain third-party platforms, such as Facebook, Google, Apple, among others (the "Third-Party Platforms"); which will have their own terms and conditions and applicable privacy policies. We recommend that you carefully review the terms and conditions and privacy policies of such Third Party Platforms when using them to generate the Credentials to access the User Account.

With regard to the User Account, it is noted that registration by automated methods is expressly prohibited. Each User Account and its Credentials are personal, unique and non-transferable. User Accounts may not be shared between persons, even when these persons act or not on behalf of and/or representing and/or under the orders of the Registered User. The Registered User shall be responsible for the accuracy, veracity, integrity, updating and confidentiality of his/her User Account and Credentials, as well as for the activities, operations and content carried out and/or published from his/her User Account.

In the event that the Registered User notices, suspects or becomes aware that the confidentiality of the Credentials has been violated, he/she must modify them and notify Pincali of such situation immediately. Pincali shall not be liable for any damage or loss incurred as a result of the use of the User Account and/or Credentials by a third party, whether this has occurred with or without the knowledge or authorization of the Registered User. Notwithstanding the foregoing, the Registered User shall ... Without prejudice to the foregoing, the Registered User shall be liable for any damage or loss incurred as a result of the use of the User Account and/or Credentials by a third party, whether this has occurred with or without the knowledge or authorization of the Registered User.

2.3. Advertiser User Services. In order to use the Services available through the Pincali Platform, Advertiser Users must subscribe to one of the plans offered by Pincali, the details of which are available at https://www.easybroker.com/plans (the "Plans"), or access the Pincali Platform through a Third Party Platform that includes the Services for the Advertiser User.

3.1. Termination With Cause by Pincali. Pincali shall have the power, at its sole discretion, and as it deems appropriate, to immediately disable, suspend, cancel and/or terminate the User Account and refuse any or all current or future use of the Service and/or the Pincali Platform, in the event of non-payment of your Plan, violation of any of the Terms of Service, in particular, violation of the prohibitions indicated in Section 7 of this document, or applicable law.

Likewise, in the event that Pincali becomes aware of any breach by the Advertiser Users, Pincali may immediately suspend and/or cancel with cause the access of the Advertiser Users to the Services provided to the Advertiser User through the Pincali Platform and the elimination of all the Advertisements that said Advertiser User has published on the Pincali Platform, except for that information or content that Pincali may retain for related issues. to audit and compliance with legal and/or regulatory obligations, and/or in accordance with the provisions of our Privacy Policy.

3.2. Users who link through a Third Party Platform. Registered Users who access the Pincali Platform through a Third Party Platform accept and acknowledge that:

1. Pincali may stop allowing the link with said Third Party Platform for any reason.
2. In the event that the User stops having access to the Third Party Platform with which he/she has accessed the Pincali Platform for any reason, his/her access to his/her User Account on the Pincali Platform will be suspended.

In such cases, the Registered User must generate Credentials that are not linked to the Third Party Platform in order to access his/her User Account and continue using the Services that are only available to Registered Users.

3.3. Termination Without Cause by Pincali. Pincali, at its sole discretion, is authorized to disable, suspend, cancel and/or terminate the User Account, and to refuse any or all current or future use of the Service and/or the Pincali Platform, notifying the User of such decision with reasonable advance notice, at Pincali's discretion, and without the need to justify its decision.

3.4. Termination by Registered Users. Those Registered Users who are registered on the Pincali Platform may cancel their User Account if they so wish. To do so, they must send an email to the following address: hola@easybroker.com indicating that they wish to cancel their User Account, or use other means that Pincali makes available to Registered Users. By cancelling the User Account, it will no longer be accessible to the User Account or its content, which will be deleted, except for that information or content that Pincali may retain for reasons related to auditing and compliance with legal and/or regulatory obligations, and/or in accordance with the provisions of our Privacy Policy. The deletion of the information and the above will not generate any type of liability for Pincali.

3.5. Consequences of Termination. The disabling, suspension, cancellation or termination for any reason will result in the deactivation of the User Account and/or the deletion and/or destruction of all content hosted there. In the case of Advertiser Users, this includes, but is not limited to, proceeding to the deletion of the Advertisements.

4.1. Responsibility. The Pincali Platform, its Services and contents are made available in the state in which they are ("as is"), without guarantees of any kind, neither express nor implied. The availability and function of the Pincali Platform are subject to the following conditions:

The functionality of the Pincali Platform depends on several factors, such as communication networks, software, hardware and service providers. Access to the Pincali Platform, its Services and content may require compatible devices and Internet access, for which reason Users will be solely responsible for the installation, implementation and provision of all equipment, hardware, software, API, operating system, networks, third-party services with which the Pincali Platform allows its integration, and other resources that are necessary for the provision of the Service and access to the Pincali Platform. The User's ability to access and use such Services may be affected by the performance of these listed factors. To the maximum extent permitted by applicable law, Pincali is not responsible for any damage, loss, loss of profits, consequential damage or loss to the Users' equipment or to the businesses of the Users, their authorized representatives and/or third parties, arising from failures or errors in the Pincali Platform or in the third party platforms or services linked to the Pincali Platform, including failures in the technology, system, server or the Internet.

Pincali does not guarantee that the Pincali Platform, its Services and content and/or the Third Party Services:

1. meet your specific requirements, are uninterrupted, timely, secure or error-free;
2. the results that may be obtained from the use of the Pincali Platform, its Services and content and/or the Third Party Services are accurate, reliable or useful for the purposes intended by the User;
3. the quality of any type of material purchased or acquired by the User through the Pincali Platform, its Services and content and/or Third Party Services will meet their expectations; and
4. that any fault or error in the Pincali Platform, its Services and content and/or Third Party Services will be corrected promptly.

To the maximum extent permitted by applicable law, Pincali shall not be liable for any direct, indirect, secondary, special, consequential or exemplary damages or losses, including, but not limited to, lost profits or any other direct, indirect or eventual damages related to or linked to loss of profits, goodwill, use, data or other intangible losses (even if Pincali has been advised of the possibility of such damages or losses), resulting from:

1. the use or inability to use the Pincali Platform, its Services and content and/or Third Party Services;
2. the cost of acquiring substitute goods (merchandise) and services resulting from any good (goods), data, information or services purchased or obtained, or messages received or transactions established by the Pincali Platform, its Services and/or content, and/or Third Party Services;
3. unauthorized access or alterations to your transmissions or data;
4. statements or conduct of any third party regarding the Pincali Platform, its Services and/or content, and/or Third Party Services;
5. or any other matter or issue related to the Pincali Platform and/or the Services offered by Pincali or Third Party Services.

Pincali reserves the right to review, modify, improve or discontinue the Pincali Platform and/or its functionalities or operation when it deems appropriate and without prior notice to Users. Therefore, access to the Pincali Platform may be temporarily suspended without prior notice in the event of a system failure, maintenance, review or repair operations or for other reasons. To the maximum extent permitted by applicable law, Pincali shall not be liable for any damage that the suspension or interruption of the Pincali Platform may cause.

4.2. Security. Protecting the security of Users is essential for Pincali, so Pincali has adopted reasonable security measures within its technological and economic reach to protect the information and privacy of users and Pincali, and prevent unauthorized access to their data or any unauthorized modification, disclosure or destruction thereof. However, based on the nature of the Internet and that computer systems in general can be vulnerable, to the maximum extent permitted by applicable law, Pincali does not guarantee that the Pincali Platform is always secure or free of flaws, errors or defects, or that it always operates without interruptions, delays or imperfections. Always, to the maximum extent permitted by applicable law, Pincali will not be liable for damages caused as a result of unavailability, access failures, lack of continuity, use or inability to use the Services or the Pincali Platform, or for the Notices, content, User Content and/or information hosted or processed on the Pincali Platform and/or through its Services.

Users acknowledge that any link generated between them will be links in which Pincali will be an unrelated third party. For the above reasons, Pincali shall not be liable for damages, loss of profits or any other direct, indirect or eventual consequential damage related to or linked to the contacts and/or relationships that may arise between Users who interact through the Pincali Platform or outside of it.

The Advertiser User accepts and acknowledges that he/she will be the only party responsible in relation to the current regulations applicable to real estate activity in the country in which he/she carries out the marketing of the Properties, releasing from liability and holding harmless and indemnifying Pincali, its directors, collaborators, agents, representatives, associates, contractors, and/or subcontractors, for the consequences of the violation of any regulations and/or regulations applicable to it.

The User is the sole party responsible for the Advertisements and the content that they, the companies or entities to which they are linked and their collaborators publish, manage, make available or send through the Pincali Platform, including, but not limited to, images, videos, texts, audios and/or messages (hereinafter, the “User Content”). Each User is solely responsible for his/her actions within or outside the Pincali Platform, as well as for the messages and communications exchanged within or outside the Pincali Platform with other Users or with third parties. Any claim for loss, damages and/or any claim that may apply must be addressed to the User who posted the Advertisement or User Content, or whoever performed the action in question and not to Pincali.

PINCALI DOES NOT SHARE, SPONSOR, GUARANTEE, MONITOR, ENDORSE, RECOMMEND OR SUPPORT USER CONTENT, NOR DOES IT GUARANTEE, MONITOR, ENDORSE, RECOMMEND OR SUPPORT ADVERTISING USERS AND/OR THE COMPANIES OR ENTITIES TO WHICH THEY ARE LINKED OR THEIR COLLABORATORS.

Pincali will not have the obligation (although it will have the power at its sole discretion) to remove User Content from the Pincali Platform without an express order from a competent authority in this regard.

The Pincali Platform may contain links and access to services of websites, technologies and/or Third Party Platforms that are not owned, controlled or monitored by Pincali (the “Third Party Services”). Access to Third Party Services is at the User’s own risk. Pincali assumes no responsibility for the content, legality, available functions, terms of use, privacy policies or practices of any Third Party Service. In this regard, the User expressly releases Pincali, including, but not limited to, its directors, collaborators, agents, representatives, associates, contractors, and/or subcontractors from any liability that may arise from the use of Third Party Services. Accordingly, we remind Users to be careful to read the terms and conditions and privacy policy of each of the Third Party Services with which they interact.

The inclusion, linking, integration, use or access to any Third Party Service from the Pincali Platform does not in any way imply approval, guarantee of operation, or endorsement by Pincali of said Third Party Services.

Users agree to use the Pincali Platform and its Services and content in good faith, for legitimate purposes and to comply with all applicable regulations, respecting the rights and property of Pincali, other Users and third parties.

By accepting these Terms of Service, the User agrees not to use the Pincali Platform, its Services and/or content for the following purposes or uses that are expressly prohibited:

1. illegal purposes, illegal, fraudulent, false or misleading activities or unauthorized uses by Pincali;
2. induce, adjust, modify, falsely claim to be associated or linked with the Service or with Pincali;
3. upload, publish, post, host or send unsolicited emails, SMSs and/or spam or similar that is prohibited by applicable regulations;
4. violate the rights of other Users and/or third parties;
5. collect, process and/or publish data and information of people without their express consent when required by applicable regulations and/or extract or process any information in a manner contrary to applicable regulations;
6. use the Services in a negligent manner or in a manner that involves abuse, interference or interruption of the Pincali Platform networks, its Services and/or content;
7. transmit, store and/or in any way process through the Pincali Platform, any data, content, Advertisement, information or material that may infringe the intellectual or industrial property or privacy or personal data or other third party rights;
8. copy, modify, alter, adapt, make available, reverse engineer, decompile or disassemble any part of the Pincali Platform, and/or any feature, function or graphic of the Pincali Platform;
9. reproduce, duplicate, copy, sell or exploit, in whole or in part, the Pincali Platform, its tools or functionalities or any Pincali content without the express written consent of Pincali;
10. reproduce, duplicate, copy, sell, resell, distribute, exploit any part of the Pincali Platform, its Services and/or content, allow access or use to a third party and/or use the Pincali Platform, its Services and/or content for the benefit of a third party, without the express written consent of Pincali;
11. upload or transmit any content, information, software or code that damages or is intended to damage damage, disable, destroy or adversely affect the performance of the Pincali Platform in any way or that damages or intends to damage or extract information or data from other hardware, software, servers and/or networks of Pincali or other Users of the Pincali Platform and/or disobey any laws or regulations or requirements, procedures, policies or regulations of such servers or networks or applicable regulations;
12. participate in any activity or use the Pincali Platform, its Services and/or content in a manner that may damage, disable, overload, impair or interfere with or affect in any way those or any servers or networks connected to the Pincali Platform or Pincali's security systems;
13. use the Pincali Platform and/or the Services in a way that contravenes any Pincali policy or in any way that constitutes a breach of applicable rules or regulations, including, but not limited to, consumer protection and/or competition rules, e-commerce or e-business rules, intellectual or industrial property rules, privacy or personal data protection rules, confidentiality rules, cybersecurity rules and/or applicable regulations against unsolicited commercial communications.

In order to access the Pincali Platform, its Services and/or content, Pincali collects and processes certain personal data. The collection and processing of Users' personal data, as well as the purposes of such processing and the rights of Users in relation to their personal data are regulated by our Privacy Policy. The Privacy Policy complies with current and applicable regulations and is an integral part of these Terms of Service.

As a condition for accessing the Pincali Platform, its Services and/or content, Pincali, at the time of collecting the User's personal data, provides the User with relevant information about the processing it carries out on the data collected and, likewise, requests the User to read and accept its Privacy Policy. We recommend that you read these carefully before accepting them and/or accessing and/or using the Pincali Platform, its Services and/or content.

PINCALI GRANTS THE USER A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE AND REVOCABLE LICENSE OF USE, ON THE PINCALI PLATFORM, ITS SERVICES AND CONTENTS AND FOR THE SOLE PURPOSE OF ENABLING THE USER TO USE THE PINCALI PLATFORM AND ACCESS THE CONTENTS SERVICES AND CONTENT IN ACCORDANCE WITH THESE TERMS OF SERVICE.

Pincali retains, at all times, all intellectual and industrial property rights that correspond to it on the Pincali Platform, its Services and/or content. The aforementioned license of use is subject to these Terms of Service and the applicable specific terms, and will become effective at the time of registration, download, access and/or use of the Pincali Platform, its Services and/or content. The Pincali Platform, its Services, and content, including, but not limited to logos, inventions, patents and patent applications, trademarks and trademark applications, trade names, domain or app names, copyrighted material, graphics, texts, images, designs (including the “look and feel” of the Pincali Platform), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, graphical user interface, trade secrets; all of them, whether or not registered, are owned and/or licensed by Pincali and/or the companies and/or entities related to it and are subject to copyright and other intellectual or industrial property rights under applicable laws and international conventions.

Unless expressly permitted in these Terms of Service, the User may not copy, distribute, reproduce, display, provide access to third parties, publicly perform, make available to the public, reduce to a human-readable format, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, perform compilation or scraping processes, or reverse engineer, combine with other software, feed Artificial Intelligence or machine learning engines with the content of the Pincali Platform, translate, modify or create derivative works using any content of the Pincali Platform or its Services, whether by itself or by anyone on its behalf, in any form or by any means, known and/or to be developed in the future.

The User expressly accepts and acknowledges that by entering User Content into the Pincali Platform, or by sharing, publishing or making available any User Content through the Pincali Platform, the User grants Pincali an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable license, valid for all territories of the world, to use, reproduce, distribute, transmit, create derivative works, display, copy, share and make available to the public said User Content, and - if applicable - along with the name of the User and/or the name of the company or entity that he represents or for which he provides services or with which he is linked, in relation to Pincali, with the Pincali Platform, its Services and/or content, through any format, medium or channel of communication or dissemination known and/or to be developed in the future.

Pincali may at any time and without prior notice, make changes and updates to these Terms of Service. These changes will be published on the Pincali Platform and will be effective from the moment of their publication. As a consequence of the above, we recommend periodically checking for changes in the Terms of Service since the continued use of the Pincali Platform by the User will imply full acceptance of these. If the User does not agree with the updates or modifications of the Terms of Service, he/she must refrain from using the Pincali Platform, its Services and/or contents.

Pincali declares that the Pincali Platform, its Services and/or contents may be provided and/or managed and/or operated in the future by a person or entity other than the current one and that for said transfer in the administration and operation of the Pincali Platform, no reliable notification or prior or subsequent consent by the User will be necessary, who accepts it accordingly.

Pincali reserves the right to change or discontinue the Pincali Platform, its Services and/or content and/or some of its functionalities, with or without notice at any time.

Pincali shall not be liable to the User or any third party for any modification, suspension or interruption in the Service.

Questions relating to the Terms of Service, as well as all Those matters that arise and are related in part or in whole to the Pincali Platform, its Services and/or contents are governed by the Laws of the State of Florida, United States of America.

13.1. Complete Agreement. The Terms of Service constitute the entire agreement between the User and Pincali, and govern their use of the service, replacing any prior agreement between the User and Pincali (including, but not limited to, any previous version of the Terms of Service).

13.2. Independence. These Terms of Service should not be interpreted in such a way as to consider that the User and Pincali have a relationship of partners, franchisee/franchisor, employee, agent, representative or members of a joint venture. The relationship between the User and Pincali is limited to that expressly set forth in these Terms of Service.

13.3. Failure or Delay; Non-Waiver. Any failure or delay by Pincali in exercising any right, power or privilege under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise thereof preclude the future exercise of these or any other right (equitable or not), power, or privilege provided for in these Terms of Service.

13.4. Survival. If any court or authority of competent jurisdiction determines that any provision of these Terms of Service is wholly or partially illegal, invalid or unenforceable for any reason, the remaining provisions of these Terms of Service shall remain in full force and effect, and the Terms of Service shall be construed as if the illegal, invalid or unenforceable provisions had never been part of it.

13.5. Assignment. The User may not assign its rights or obligations under these Terms of Service to a third party without the prior express written consent of Pincali. Pincali may assign, transfer, delegate or dispose of the rights or obligations derived from its relationship with the User or its contractual position, in whole or in part, and/or delegate the administration of the Pincali Platform, its Services and/or any of its functionalities, for which the User grants his/her consent through the acceptance of these Terms of Service and prior to the performance of said actions.

If you have any questions or queries about the Terms of Service, and/or any other aspect of the Pincali Platform, the User may contact our support team by email at: hola@easybroker.com. Each User is solely and exclusively responsible for his/her statements, opinions and any action he/she takes through the communication channels made available to him/her by Pincali.