PropHero is a company that searches for suitable real estate properties for its clients based on their preferences and assists them with the purchase process through the Application. For these purposes, the status of user shall be attributed to any person who uses the Application (the “User”). Acceptance of these Terms and Conditions entitles the User to browse through the Application, without prejudice to any additional services that the User may subsequently contract (the “Services”), which will be regulated separately.

Before registering, the User is required to read and accept these Terms and Conditions. By accepting them, the User expressly agrees to be bound by them in their entirety, without exception.

1. IDENTIFICATION
   • Owner: PROPHERO GLOBAL, S.L. (“PropHero”);
   • Registered office: Calle Argensola 25, bajo A, 28004 Madrid, Madrid;
   • Tax ID number: B-10509966;
   • Email: hello@prophero.com.
2. APPLICATION FEATURES

The basic use of the Application is free of charge, although full access to the Services is subject to specific conditions that will be set out in the corresponding contract signed for this purpose.

In the basic mode of the Application, the User can make use of the following features:

• Access to the app
• Access to customer profile
• Access to support channel
• Ability to upload the customer’s own real estate properties to the app
• Access to services related to their properties

If the User has signed the corresponding service contract with PropHero, they will also have access to the following features:

• Display of potential investments, actual investments, and other information related to such investments.

        2.1 Application Compatibilities

The Application is compatible with the following software versions:

• iOS: versions 14 and above.
• Android: versions 11 and above.

3. REGISTRATION AS A USER OF THE APPLICATION 

The User must register and create an account (“Account”) to access the features of the Application. The User can register either from the website www.prophero.com (“Website”) or from the Application. However, the User will only be able to access their account from the Application.

In order to register as a User, it is necessary to provide all the data required and classified as mandatory during the registration process. Once the necessary data classified as mandatory has been correctly provided, the User will be able to create and access their Account.

Likewise, User registration requires acceptance of PropHero’s Privacy Policy. From their Account, Users may explore the Services offered by PropHero and, if they wish, contract them. Such contracting shall be governed separately by the service provision contract that, where applicable, is signed.

The password and user account are personal and non-transferable.

The User undertakes to make diligent use of their password and to keep it secret, and may not disclose it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered Users, and undertake not to transfer their use to third parties, either temporarily or permanently, or to allow third parties access to their account. The User shall be responsible for the unlawful use of their account, and shall be liable for any damages caused by a third party who accesses it using their login credentials.

In view of the above, it is the User’s obligation to immediately notify PropHero of any event that allows the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such events are reported, PropHero shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

The User may change their password at any time using the tools made available by PropHero from the Application.

4. RULES FOR USE OF THE APPLICATION

Users must be over eighteen (18) years of age to use the Application.

Accessing or using the Application for illegal or unauthorized purposes, whether for profit or not, is not permitted and, therefore, the consequences thereof shall be the sole responsibility of the User. In particular, and without the following list being exhaustive, the following is prohibited:
i. Using the Application in ways that are contrary to the law, morality, public order, or generally accepted good customs;

ii. Using the Application in any way that may cause damage, interruptions, inefficiencies, or defects in its operation or in the computer equipment of a third party;

iii. Using the Application for the transmission, installation, or publication of any virus, malicious code, or other harmful programs or files;

iv. Using the Application to collect personal data from other Users;

v. Using the Application illegally, contrary to good faith, morality, and public order;

vi. Registering through the Application with a false identity, impersonating third parties, using a profile, or performing any other action that may confuse other Users about the User’s identity;

vii. Accessing any section of the Application, other systems or networks connected to them, PropHero’s servers, or the services offered through the Application without authorization by means of hacking or forgery, password extraction, or any other illegitimate means;

viii. Violating, or attempting to violate, the security or authentication measures of the Application or any network connected to it, or the security or protection measures inherent in the content offered in the Application;

ix. Carrying out any action that causes disproportionate or unnecessary saturation of the Application’s infrastructure, PropHero’s systems or networks, or connected systems and networks;

x. Preventing the normal development of a service, promotion, or any other activity available through the Application or any of its functionalities, whether by altering or attempting to alter, illegally or in any other way, access or operation of the same, or falsifying the results thereof and/or using fraudulent methods of participation, through any procedure and/or practice that violates or infringes upon these Terms of Use.

In the event that PropHero encounters any of the cases mentioned in the previous paragraph, it reserves the right to take the measures it deems appropriate, which may include the suspension or deletion of the Account.

5. DELETION OF USER ACCOUNT

Access as a registered User will begin once the data required for registration has been entered, following acceptance of PropHero’s Privacy Policy and these Terms and Conditions.

Access as a User will remain valid indefinitely until the User notifies PropHero at any time of their withdrawal as a User through the Application.

Likewise, failure by the User to comply with any of the Rules of Use of the Application may result in PropHero taking the appropriate measures protected by law and in the exercise of its rights or obligations, which may include the deletion or suspension of the offending User’s Account, without any possibility of compensation for the damages caused.

6. PROPHERO’S OBLIGATIONS

6.1 Legal guarantee of conformity for digital services

PropHero will provide the digital service without undue delay after acceptance of these Terms and Conditions. The service is considered accessible to the consumer when the User can install it virtually on their mobile phone.

PropHero guarantees that the Application will meet the requirements for its functionality in accordance with the description made in these Terms and Conditions, and is liable for any lack of conformity of the digital services provided in a single act that becomes apparent within one year of the User being made available.

It is understood that the goods, content, and digital services comply with these Terms and Conditions, or, where applicable, with the corresponding Services contract, when the following requirements are met:

• Comply with the description and possess the functionality, compatibility, interoperability, and other characteristics established.
• Be suitable for the purposes for which digital services of the same type are normally intended and for those specific purposes required by the consumer and for which the trader has acknowledged such use.
• Be supplied with updates or updated as provided.
• Provide the accessibility and continuity of the digital service that is normally provided by services of the same type and that the consumer or user could reasonably expect.

6.2. Customer service

In the event that the Application does not function properly, the User has the right to demand that PropHero take appropriate corrective measures, which shall be free of charge and carried out within a reasonable period of time and without major inconvenience to the consumer. To do so, you can contact PropHero and report faults through the Application or by emailing support@prophero.com.

Repair will not be carried out when the faults are minor, but this will not affect the User’s right to delete their Account and stop using the Application at any time.

7. PROPHERO’S LIMITATION OF LIABILITY

PropHero shall not be liable for any inconvenience that the User may experience in the following scenarios:

7.1. Maintenance tasks

PropHero may occasionally need to perform maintenance tasks that interrupt the normal operation of the Application, or the Application may be unavailable in these circumstances. In such cases, PropHero shall not be liable for any downtime while performing maintenance tasks, whether scheduled or emergency. In any case, PropHero will endeavor to resolve these issues as quickly as possible within a reasonable time frame.

7.2. Third-party content and sites

The Application may contain links to websites operated by third parties. PropHero does not control the content of third-party websites and is not responsible for any faults, errors, or damage that may arise from them. If the User visits third-party websites linked from the Application, the responsibility lies with the owners of those websites.

Similarly, PropHero does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Application. If the User becomes aware of any content that is unlawful, illegal, contrary to the law, or that could constitute an infringement of third-party rights, they must immediately notify PropHero so that it can take the appropriate measures.

7.3. Force majeure

PropHero shall not be liable for any delays or failures in accessing, operating, or running the Application, its content, and/or services, nor for any interruptions, suspensions, or malfunctions thereof, when these are caused by breakdowns resulting from any situation of force majeure or fortuitous cause (“Force Majeure”).

By way of example, but not limited to, Force Majeure shall include any act or event beyond the reasonable control of PropHero, such as:

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster;
• Inability to use electrical infrastructure or public or private telecommunications systems;
• Acts, decrees, legislation, regulations, or restrictions of any government or authority.

It shall be understood that the aforementioned actions shall be suspended during the period in which the Force Majeure Cause continues, and PropHero shall have an extension of the deadline to comply with them for a period of time equal to the duration of the Force Majeure Cause.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User acknowledges and accepts that PropHero is the exclusive owner of the intellectual property rights, industrial property rights, or any other rights relating to the Application. This includes, among others, the rights of reproduction, distribution, public communication, making available, and transformation of the Application and any of its elements, including the source code, object code, technical documentation, user manual, etc., as well as any other element related to or derived from these.

By accepting these Terms and Conditions, no intellectual property rights, industrial property rights, or any other rights relating to the Application shall be deemed to have been transferred to the User, beyond the right to use them under the terms set forth herein.

In accordance with the above, the User agrees not to:

i. Duplicate, reproduce, sell, rent, lease, license, distribute, or otherwise use the Application software for any purpose other than that expressly authorized in these Terms and Conditions;

ii. Decompile, modify, reformat, translate, reverse engineer, disassemble, or otherwise access the source code of the Application software, without prejudice to the fact that applicable law expressly permits such activities regardless of the existence of any agreement or authorization to the contrary with the User;

iii. Divide or fragment the Application into different parts or modules for independent use;

iv. Alter or remove any notices relating to intellectual property rights, industrial property rights, or any other rights included in the software;

v. Violate the intellectual property rights, industrial property rights, or any other rights that PropHero holds over the Application;

vi. Develop computer programs, applications, or other IT products that perform a function similar to that of the private area of the Application, provided that such development is based on PropHero’s intellectual property assets or on knowledge acquired as a result of the existing contractual relationship with the User;

vii. Register trademarks, trade names, or any other distinctive signs associated or that could be associated with the Application.

In order to enable PropHero to effectively control and defend its intellectual property rights, PropHero may collect information, as well as any other data that may be relevant for the purpose of verifying the effective use of the Application.

In this regard, PropHero is authorized to use the information collected during the use of the Application as effective evidence of its use in any type of case or proceeding of any nature, whether against the User themselves or against any third party.

PropHero is the owner or, where applicable, holds the corresponding licenses for the intellectual property rights, industrial property rights, image rights, or any other similar rights relating to the Platform, as well as all content offered on it, including, but not limited to, photographs, illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content included therein.

Users only have a non-exclusive right of use, within a strictly personal scope and for the sole purpose of being able to navigate the Application in accordance with these Terms and Conditions.

9. GENERAL

9.1. Modifications

PropHero may modify the Terms and Conditions stipulated herein, in whole or in part, by publishing any changes in the same manner as these Terms and Conditions appear or through any type of communication addressed to Users.

The temporary validity of these Terms and Conditions therefore coincides with the time of their display, until they are modified in whole or in part, at which point the new modified Terms and Conditions will become effective. In any case, the User will be notified of these modifications by email and/or through the Application, without prejudice to the User’s right to delete their Account if they so wish.

9.2. Safeguard clause

In the event that any provision of these Terms and Conditions is declared null and void or unenforceable, in whole or in part, by any court, tribunal, or competent administrative body, such nullity shall not affect the remaining provisions of the Terms and Conditions.

The failure of PropHero to exercise or enforce any right or provision contained in these Terms and Conditions shall not constitute a waiver thereof.

9.3. Applicable law and jurisdiction

The transaction is understood to have been carried out in Spanish territory, therefore Spanish law shall apply to any interpretative or contentious issues that may arise.

In the event of a dispute, for Users operating outside the scope of their professional or business activity, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the User’s domicile, waiving any other jurisdiction that may apply.

In the event of a dispute, for Users operating within the framework of their professional or business activity, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Madrid, waiving any other jurisdiction that may apply.

Finally, we remind Users that, if they wish to file a complaint regarding any incident in the contractual relationship, they may do so by filling out the following electronic form: http://ec.europa.eu/consumers/odr/.