Terms of Use

These Terms of Use (the "Agreement") constitute a legally binding agreement between Innventix LTD (company registration number HE 467989), a limited liability company incorporated under the laws of the Republic of Cyprus, owner and operator of the Estactics platform ("the Company", "we", "us", or "our"), and the individual, business, or other legal entity accessing or using the Estactics platform ("Customer", "you", or "your").

By registering for an account or accessing the Estactics platform in any way, you confirm that you have read, understood, and agreed to be bound by this Agreement. If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these terms. If you do not agree, you must not use the platform.

This Agreement may be updated from time to time at the Company's discretion. Updated terms will be published on our website, and continued use of the platform following such changes constitutes your acceptance of the revised Agreement.

1

Definitions

The following definitions apply throughout this Agreement:

  • "Estactics Platform" or "Platform" refers to the cloud-based real estate CRM software developed and operated by Innventix LTD, accessible via our website and associated mobile or desktop applications, including all modules, features, tools, and updates thereto.
  • "Customer" refers to any natural person or legal entity (including its authorised representatives, officers, employees, and agents) that has registered for and/or is using the Platform under this Agreement.
  • "User(s)" refers to any individual granted access to the Platform by the Customer through the creation of login credentials within the Customer's account.
  • "Customer Data" means all data, content, information, and materials submitted, uploaded, entered, or otherwise processed through the Platform by the Customer or its Users.
  • "Subscription Plan" refers to the specific plan (Free or paid) selected by the Customer, governing the scope of features and services accessible through the Platform.
  • "Free Plan" refers to the no-cost, perpetual access tier made available to all registered users, providing access to a defined set of Platform features with no time limitation.
  • "Documentation" means any user guides, help articles, release notes, or other written or digital materials provided by the Company to assist Customers in using the Platform.
  • "Intellectual Property Rights" means all patents, trademarks, service marks, copyrights, design rights, database rights, trade secrets, know-how, and any other intellectual or industrial property rights, whether registered or unregistered, in any jurisdiction.
2

Platform Access and Subscription Plans

2.1

Account Registration

To access the Platform, you must register and create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out under your account.

2.2

Free Plan

Estactics offers a Free Plan available to all registered users at no cost. The Free Plan is perpetual and has no time limitation. Access under the Free Plan is restricted to a defined set of Platform features, as outlined on our pricing page. The Company reserves the right to modify the features available under the Free Plan at any time, with reasonable prior notice.

2.3

Paid Subscription Plans

In addition to the Free Plan, the Company offers paid subscription tiers that provide access to expanded features and capabilities. Details regarding available plans, features included in each plan, and applicable pricing are set out on our designated pricing page at estactics.com/en/pricing. By subscribing to a paid plan, you agree to the fees and terms associated with the selected plan.

2.4

Third-Party Integrations

The Platform may in the future offer integrations with third-party services and platforms (such as property portals, MLS directories, or productivity tools). When such integrations are made available, the Company shall not be liable for any errors, disruptions, damages, or costs arising from your use of them. Any integration with a third-party service may require a separate agreement with, and payment to, the relevant third-party provider. The Company is not a party to any such arrangement and accepts no responsibility for third-party services.

3

Fees, Billing, and Payment

3.1

Subscription Fees

Fees for paid Subscription Plans are as published on the Company's pricing page from time to time. All fees are denominated and payable in Euros (EUR) and are exclusive of any applicable value-added tax (VAT) or other taxes, which shall be the Customer's responsibility where applicable.

3.2

Billing Cycles

Paid subscriptions are available on a monthly or annual billing basis, as selected by the Customer at the time of purchase. Subscription fees are charged in advance at the beginning of each billing period. By subscribing to a paid plan, you authorise the Company or its designated payment processor to charge the applicable fee automatically at the start of each renewal period until the subscription is cancelled.

3.3

Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled by the Customer prior to the renewal date. It is the Customer's responsibility to manage and cancel their subscription in a timely manner to avoid being charged for a subsequent period.

3.4

Fee Changes

The Company reserves the right to modify subscription fees at any time. Customers will be given no less than 30 days' written notice (via email or in-platform notification) before any fee change takes effect. Continued use of the Platform following the effective date of a fee change constitutes acceptance of the revised fees.

3.5

Payment Information

You represent and warrant that you have the legal authority to use any payment method provided. If your payment information is inaccurate or your payment fails, the Company may suspend or terminate your account. The Company may participate in card provider update programmes to maintain continuity of your subscription.

3.6

No Refunds

All subscription fees are non-refundable. Once a subscription period has commenced, no refunds or credits will be issued for partial periods, unused time, or cancellations mid-cycle. If you cancel your subscription, you retain access to the Platform until the end of the current paid billing period, after which your account will revert to the Free Plan or be deactivated, as applicable.

3.7

Fee Disputes

If you believe you have been charged in error, you must notify the Company in writing at legal@estactics.com within 30 days of the disputed charge, providing details of the amount and the basis for the dispute. Both parties agree to work in good faith to resolve billing disputes. Amounts not disputed in writing within this period are deemed accepted.

4

Customer Rights, Obligations, and Conduct

4.1

Licence to Use the Platform

Subject to the terms of this Agreement and the Customer's compliance therewith, the Company grants the Customer a limited, non-exclusive, non-transferable, revocable licence to access and use the Estactics Platform solely for the Customer's internal business purposes and in accordance with the applicable Subscription Plan.

4.2

Responsibility for Customer Data

The Customer retains full ownership of all Customer Data. The Customer is solely responsible for the accuracy, quality, legality, and appropriateness of all Customer Data submitted to the Platform. The Customer represents and warrants that it has obtained all necessary rights and consents to submit Customer Data to the Platform, including compliance with all applicable data protection laws.

4.3

User Management

The Customer is solely responsible for managing access to its account, including the creation, maintenance, and deactivation of User accounts. The Customer is liable for all activities conducted under its account and by its Users, and must ensure that all Users comply with this Agreement.

4.4

Security

The Customer is responsible for maintaining the confidentiality and security of all account credentials, including usernames, passwords, and any API keys. The Customer must promptly notify the Company at legal@estactics.com if it becomes aware of any unauthorised access to or suspected breach of its account.

4.5

Prohibited Conduct

The Customer agrees not to engage in any of the following activities in connection with the Platform:

  • Upload, transmit, or process any Customer Data that infringes the intellectual property rights, privacy rights, or other rights of any third party
  • Submit content that is unlawful, defamatory, obscene, fraudulent, misleading, or that promotes discrimination, harassment, or harm against any individual or group
  • Attempt to gain unauthorised access to any part of the Platform, its underlying systems, or the accounts of other users
  • Probe, scan, or test the vulnerability of the Platform or any associated network or system
  • Use automated tools, bots, crawlers, or scripts to access or extract data from the Platform in a manner not authorised by the Company
  • Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Platform or any component thereof
  • Resell, sublicense, or otherwise make the Platform available to third parties outside the scope permitted by this Agreement
  • Use the Platform in any manner that could damage, disable, overburden, or impair its availability or performance
  • Violate any applicable law or regulation in connection with your use of the Platform
  • Encourage or assist any third party in doing any of the above
5

Data Privacy and Security

5.1

Data Storage

All Customer Data is stored on servers located within the European Union. The Company implements industry-standard technical and organisational security measures to protect Customer Data against unauthorised access, loss, or disclosure.

5.2

Privacy Policy

The collection, processing, and use of personal data through the Platform is governed by the Company's Privacy Policy, available at estactics.com/en/privacy-policy, which is incorporated into this Agreement by reference.

5.3

Data Sharing

The Company does not share or disclose Customer Data to third parties except where: (i) the Customer has provided explicit consent; (ii) it is necessary to fulfil the Company's obligations under this Agreement; or (iii) it is required by applicable law or court order. Where legally required disclosure occurs, the Company will notify the Customer in advance to the extent permitted by law.

6

Term and Termination

6.1

Term

This Agreement commences on the date the Customer creates an account and continues until terminated by either party in accordance with this section.

6.2

Termination by the Customer

The Customer may terminate their paid subscription at any time. Termination takes effect at the end of the then-current billing period. No refund will be issued for any remaining unused portion of that period. The Customer's account will continue to have access to the Free Plan following termination of a paid subscription, unless the Customer requests full account deletion.

6.3

Termination by the Company

The Company may suspend or terminate the Customer's access to the Platform at any time, with 30 days' written notice, if the Customer breaches any material provision of this Agreement that is not remedied within 14 days of written notice. The Company may also terminate or suspend access immediately, without notice, in cases of serious or repeated violations, fraudulent activity, or where continued access poses a risk to the Platform or other users.

6.4

Effect of Termination

Upon termination, the Customer's right to access the Platform ceases. The Company will make Customer Data available for export for a period of 30 days following the termination date, after which the data may be permanently deleted. It is the Customer's responsibility to export any data they wish to retain prior to termination.

7

Intellectual Property

7.1

Company IP

All Intellectual Property Rights in and to the Estactics Platform, including its underlying software, design, structure, source code, documentation, trademarks, and brand assets, are and shall remain the exclusive property of Innventix LTD. This Agreement grants the Customer no ownership rights in the Platform.

7.2

Restrictions

The Customer may not copy, modify, adapt, translate, or create derivative works of the Platform or its components. The Customer may not use the Estactics name, logo, or brand identity for any purpose without the Company's prior written consent.

7.3

Customer Data Ownership

The Customer retains full ownership of all Customer Data. The Company claims no intellectual property rights over Customer Data and will not use it for any purpose other than providing the Platform services and as described in the Privacy Policy.

8

Warranties, Disclaimers, and Limitation of Liability

8.1

Company Warranty

The Company warrants that it will provide the Platform with reasonable care and skill and will use commercially reasonable efforts to maintain platform availability and security.

8.2

Disclaimer

The Platform is provided "as is" and "as available". To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or harmful components, or that any defects will be corrected within a specific timeframe.

8.3

Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Agreement or the use of the Platform, including but not limited to loss of profits, loss of data, or business interruption, even if the Company has been advised of the possibility of such damages.

In any event, the Company's total aggregate liability to the Customer under or in connection with this Agreement shall not exceed the total subscription fees paid by the Customer to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.

8.4

Customer-Caused Data Loss

The Company is not liable for the deletion, corruption, loss, or failure to store Customer Data caused by actions or omissions of the Customer or its Users.

9

Indemnification

The Customer agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (i) the Customer's or its Users' use of the Platform in breach of this Agreement; (ii) any Customer Data that infringes the rights of a third party or violates applicable law; or (iii) the Customer's violation of any applicable law or regulation.

10

Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Neither party shall use the other's confidential information for any purpose other than performing its obligations under this Agreement. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party can demonstrate was independently developed or already known to it.

11

Marketing and Publicity

The Company may, by default, include the Customer's name and/or logo in its list of customers for marketing and promotional purposes, including on its website and in sales materials. If the Customer does not wish to be referenced in this way, they may opt out at any time by sending a written request to legal@estactics.com. The Company will action such requests promptly.

12

Miscellaneous

12.1

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the Republic of Cyprus. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Cyprus for the resolution of any dispute arising out of or in connection with this Agreement.

12.2

Force Majeure

Neither party shall be in breach of this Agreement or liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, strikes, power failures, internet outages, or failure of third-party service providers. The affected party shall notify the other promptly and use reasonable efforts to resume performance as soon as possible.

12.3

Platform Modifications

The Company reserves the right to modify, update, or discontinue any feature or functionality of the Platform at any time. The Company will endeavour to provide reasonable advance notice of any material changes that may negatively impact existing functionality.

12.4

Entire Agreement

This Agreement, together with the Privacy Policy and any other documents expressly referenced herein, constitutes the entire agreement between the parties with respect to the Platform and supersedes all prior agreements, representations, and understandings, whether written or oral.

12.5

Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

12.6

Waiver

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

12.7

Language

This Agreement is drafted in English. Any translation provided is for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

12.8

Amendments

The Company may amend this Agreement at any time by posting updated terms on its website. Customers will be notified of material changes via email or in-platform notification. Continued use of the Platform following the effective date of any amendment constitutes acceptance of the updated Agreement.

12.9

Contact

For any questions regarding these Terms of Use, or to exercise any rights described herein, please contact us at: legal@estactics.com.