Terms of use of the Service

By using the BrokerManager website (https://brokermanager.app), its virtual platform, its mobile application, its software or any service, the user is subject to these terms and conditions. The BrokerManager virtual platform is a Software as a Service platform whose provision and/or licensing may be marketed by BrokerManager, as well as by its related companies and/or entities (hereinafter, all of them jointly called “BrokerManager”). BrokerManager offers the following proprietary technology:
  • The BrokerManager virtual platform, (the “BrokerManager Platform”) accessible through https://brokermanager.app and through its mobile application, through which you access the Services and the management and collaboration platform for real estate agencies available for Agent Users (as defined below).
  • The BrokerManager website that provides information and access to various services, and allows access to the BrokerManager Platform (hereinafter the “Site”).
  • The Services (as defined below) and any other products and/or services available or accessible through the BrokerManager Platform and/or the Site.
BrokerManager allows its Users (as defined below) to use the BrokerManager Platform, the Site, the Services and their respective contents, under a limited, non-exclusive, non-transferable, non-sublicensable and revocable license of use; whose terms, rates, functionalities and benefits will depend on the contracting of the specific plan made by the Agent User. BrokerManagerre has, at all times, all the intellectual and industrial property rights that correspond to it over the BrokerManager Platform, the Site, the Services and the contents associated with each of them. The license to use the BrokerManager Platform, the Site, the Services and content associated with them, is subject to these Terms of Service and the applicable particular terms, and will become effective when registering, downloading, accessing and/or using the Platform, the Site, the Services and/or the content associated with them. Access to the BrokerManager Platform, the Site, and the contents and Services associated with them by the Agent User may require compatible devices and Internet access. In relation to this point, it is noted that the Agent User will be exclusively responsible for the installation, implementation and provision of all equipment, hardware, software, API, operating system, networks, third-party services with which the BrokerManager Platform allows its use. integration, and other resources that are necessary for the provision of the Service and access to the BrokerManager Platform. Agent User's ability to access and use such Services may be affected by the performance of these listed factors. Likewise, when downloading, installing, accessing or using the BrokerManager Platform. the Site, the Services and content related to them, the Agent User acknowledges that he has read and understood the Terms of Service, the Privacy Policy and any complementary document thereto, and accepts that he will be bound by them and that, likewise, he will comply with all applicable laws and regulations regarding your use of the BrokerManager Platform, the Site, and the Services. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE BROKERMANAGER PLATFORM, THE SITE OR THE ASSOCIATED CONTENT SERVICES, IN ANY MANNER.

1. The BrokerManager Platform and Services

The BrokerManager Platform provides real estate management and collaboration services. Through said Platform, BrokerManager offers listing, inventory and publication services for properties to be marketed, and thus they can offer said properties of third-party Agent Users individually to their clients and/or prospects, in their capacity as real estate agents. The services of the BrokerManager Platform include - among other services whose details are available on the Site and on the BrokerManager Platform - the following (hereinafter, the “Services”): Tools for self-management of the design of a website - responsive for cell phones - for the Administrator Agent, using up to one of the templates offered and being able to personalize it with the User's logo, available colors and the User's domain name; Hosting or Hosting Services for the aforementioned Website – with the limitations determined by BrokerManager; CRM for the management of client portfolios of Agent Users and property management; Mailing or mailbox to manage contacts and communications with clients, prospects, other Agent Users, real estate agencies and/or real estate agents; Reports for owners; Various support services s attention channels; and Online workshops for training in the use of the BrokerManager Platform - in relation to these workshops, it is noted that some may have an additional cost. Other related services.

2. The User

Any person who registers and accesses the Site will be considered a “User”. The registration process requires completing the requested personal information with accurate, truthful and current data in a form provided by BrokerManager for such purposes, generating a username and password (“Credentials”) and accepting these Terms of Service. Likewise, to use the BrokerManager Platform, Users must register independently, for which the User must contract one of the plans offered by BrokerManager, the details of which are available at https://brokermanager.app (the “Plan”) and Select the subscription type you want.

3. Prohibition of transfer of the Account

Each User Account is personal, unique and non-transferable. These accounts can be accessed through Credentials. Credentials may not be shared between natural persons, whether or not these persons act in the name and/or representation and/or under the orders of the same entity. The Credentials may not be assigned or transferred under any title, nor may their access be enabled to third parties other than the User who has registered. The password generated is personal, confidential, non-transferable and of your exclusive knowledge, with the User being responsible for maintaining the accuracy, veracity, integrity, updating and confidentiality of their Account as well as for the operations that are generated under such Credentials. Each User will be responsible for themselves and will hold the entity and/or legal person for which they work or provide services responsible for all activities that occur under their User Account and using their Credentials. In this sense, the User must understand that he is responsible for all published content and activity that occurs under his Credentials.

4. Other Services

Contracting any of the Plans available to register as a User on the BrokerManager Platform includes the possibility of contracting the following complementary services: Tools for self-generation of a pre-designed Web Page for the Agent Account: This is a Website that you can create using the pre-designed tools available and that will be responsive for cell phones. You can select one of the templates offered and available on the BrokerManager Platform and personalize your page with the logo, available colors and domain name of your entity. Regarding the domain name, you can use your own domain name, if you already have it registered, by uploading the corresponding information to the BrokerManager Platform. When requesting the registration of a new domain name, you will be able to access its management tools, such as alerts for the renewal of said domain name. BrokerManager is not a domain name registrar but uses Third Party Services for these services, as described below. Hosting or lodging services (limited according to the capacity that BrokerManager determines), for the aforementioned Website and assistance in configuring your email accounts associated with it. BrokerManager does not provide email services or space for email mailboxes. Email forwarding service is offered instead.

5. Conditions for payment, refund and Plan changes

The Plan, the fee for the use of the BrokerManagery Platform/or the Services, will depend on the Plan, services and subscription you have contracted with BrokerManager; which will be governed by these Terms of Service and by the applicable particular terms. The rates of the available Plans may be modified at any time by BrokerManager, and in such case they will be communicated prior to their entry into force. Likewise, it is noted that VAT will be added to the published prices and rates at the time of billing. It is the User's responsibility to pay all taxes associated with the purchase and/or payment of the subscription to the BrokerManagero Platform. In the event that BrokerManager has a legal obligation to pay or collect any applicable tax, the amount will be invoiced and paid by the User to BrokerManager. Additionally, it is noted that subscription fees and costs may be billed interchangeably by BrokerManagero, its affiliated and/or related companies, as appropriate to the territory where the Services are provided. The User, from the Agent Account, can subscribe to the Plan they have contracted, at any time. In that case, charges may apply. additional costs and BrokerManager will invoice the value corresponding to the new Plan. If you want to downgrade to a more economical Plan, you must keep in mind that you will not be able to do so until the contract term has expired. Furthermore, in the event that you have paid months in advance for a certain Plan, if you decide to upgrade to the Plan during the subscription months already paid, you will only have to pay the difference. The Plan and fees for the Services are billed in advance on a monthly, semi-annual and/or annual basis - as applicable - and are non-refundable. There will be no refunds or credits for use of partial months of Service or refunds for months without use or access to the BrokerManager Platform. The Plan is automatically renewed monthly, semiannually and/or annually - depending on whether it was initially contracted - unless you decide to cancel the Services. If you wish to cancel the Services and/or the Plan, you must indicate this in accordance with the cancellation process offered on the BrokerManager Platform, since if you do not do so, the subscription will be automatically renewed and consequently the corresponding charge will be charged, until such time. carry out the deregistration process in question. The Plan, charges, fees and other amounts applicable under the Service or the BrokerManager Platform will be automatically debited from the credit card that you have indicated at the time of registration. In any case of change of Plan and/or contracting of Services, the new rate and/or the corresponding additional charges will be automatically charged to the credit card provided, to which you expressly consent. Additionally, BrokerManager may enable alternative payment methods such as transfers, PayPal, account deposits and OXXO Pay payments, among others. Failure to pay on time and/or the inability to make the automatic debit - as applicable - will imply automatic default by the User and BrokerManager will be entitled to cancel and/or suspend the Agent User's Account and/or Administrator Agent Account. and their linked Agent User accounts, under the terms of the “Cancellation and Termination by BrokerManager” section of these Terms of Service. Downgrading plans may result in the loss of content, features or capacity of your User Account, as applicable. BrokerManager will not be responsible for any type of loss related thereto. Please consult with our support service before changing the Plan to a lower one so that we can guide you on the differences that may occur once your account has been modified. Finally, please note that if you request a “chargeback” or refund for not knowing the charges on the card that has been provided for the purposes of collecting any payment or previous payments made to BrokerManager, and this is considered inapplicable or invalid, BrokerManager will be entitled to charge the original amount plus a fine of $770 (three hundred Mexican pesos) for each chargeback request - depending on the currency applicable to the charge in question.

6. Promotions

BrokerManager may, at its sole discretion, carry out any type of action aimed at promoting the Services such as discounts or bonuses to the Plans or rates of the Services (“Promotions”). In such case, BrokerManager will regulate and inform Users of the terms and conditions applicable to such Promotions.

7. Trial Period and “Basic” Plan

The User may request BrokerManager for a single time during the non-extendable period of seven (7) calendar days, access to the BrokerManager Platform and some of its functionalities - that is, some functionalities of the BrokerManager Platform could be limited or inaccessible during this period. , for the purposes of testing it and the BrokerManager Services in order to evaluate its hiring. In the event that the User continues to use the BrokerManager Platform and/or the BrokerManager Services after the trial period of seven calendar days indicated has expired, the User in question must pay the subscription, fees and charges in accordance with the Plan thus contracted. BrokerManager at its sole discretion may grant the “Basic” plan to certain Users. This plan is granted entirely subsidized and has some of the functionalities of the BrokerManager Platform - that is, some functionalities of the BrokerManager Platform could be limited or inaccessible to Users under the "Basic" plan -. In this case, BrokerManager reserves the right to cancel the “Basic” licenses and modify its functionalities and access, at any time and without prior notice.

8. Cancellation and Termination by the Administrator Agent User

As a User you can request the cancellation of your plan by sending an email to the account support@brokermanager.app. When you cancel your Account, the content of that and all linked Accounts will be immediately destroyed and deleted, and the information cannot be recovered once you have canceled your account, so you understand that it will be your sole responsibility to independently safeguard the information and make backup copies. that I consider. The deletion of content and information in accordance with the above will not generate any type of liability for BrokerManager and/or its related companies and/or entities. Notwithstanding the foregoing, at its sole discretion, BrokerManager may retain account information in case you decide to activate the Account again. If you cancel the service before the end of the course of the paid month, the cancellation will take effect immediately and no new charge will be charged.

9. Cancellation and Termination by BrokerManager

The violation of any of the Terms of Service, in particular, the violation of the prohibitions indicated in this document or the applicable legislation, will entitle BrokerManager, in its sole discretion, to terminate any relationship with the User and linked accounts. Likewise, and without prejudice to the fact that BrokerManager does not supervise, monitor, edit, approve or manage in any way the content that Users manage, edit, publish, host, create and/or in any way process or process within the BrokerManager Platform, BrokerManagerse reserves the right, but not the obligation, to remove content and/or Accounts that, in BrokerManager's opinion, are considered to violate these Terms of Service. Any verbal, written, physical or abuse of any kind (including threats of abuse or revenge) to any User, or client, prospect, employee, shareholder, director, member or officer of BrokerManager, will result, if BrokerManager so provides, to its sole discretion, in the immediate termination of the Account - as applicable. If the User's bandwidth usage substantially exceeds the average bandwidth usage (determined solely by BrokerManager) of other Users, we reserve the right to deactivate the Account or stop its file hosting until the User can reduce its bandwidth usage. bandwidth. Finally, BrokerManager, in its sole discretion, is authorized to suspend or terminate User Accounts and to reject any or all current or future use of the Service and/or the BrokerManager Platform at any time it deems unnecessary. to justify their decision to the User in question. Such termination will result in the deactivation, cancellation of the User Account and/or disabling access to such accounts and in the deletion and destruction of all content hosted there. All of this will not generate any right to compensation or any liability for BrokerManager and/or its related companies and/or entities.

10. Modifications to the Service and prices

BrokerManager reserves the right to change or discontinue the BrokerManager Platform and/or some of its functionalities and/or the Service with or without notice at any time. The prices of all Plans, Services, including but not limited to monthly, semi-annual and/or annual subscription plans - as applicable - are subject to change with 30 days' notice from us. We will provide such notice in written form via email, web or telephone. BrokerManager shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

11. Availability and functionality

The availability and functionality of the BrokerManager Platform depends on several factors, such as communication networks, software, hardware and service providers. BrokerManager does not guarantee or warrant that the BrokerManager Platform, the Site, the Services and the content associated with them will function at all times and without interruption, or that it will be error-free. Likewise, it is not guaranteed that certain services that depend on third parties will always be available in the future. To the maximum extent permitted by applicable law, neither BrokerManager, nor the companies or entities related to it, are responsible for any damage, loss, loss of profits, consequential damage or loss to the Users' equipment(s) or to the business of the User. User their authorized and/or third parties caused by failures in the BrokerManagero Platform in third-party platforms or services linked to the BrokerManager Platform, including failures in technology, the system, server or the internet.

12. Responsibility

The use and employment of the BrokerManager Platform Services offered by BrokerManager or Third Party Services (as described below) and/or any other BrokerManager services is done at your own risk and consent. iment of the User. The Services offered by BrokerManager or by Third Party Services and the BrokerManager Platform are provided on an “as is” and “subject to availability” basis, and the User agrees that BrokerManager will not be responsible for any damage or harm that may occur in relation to this. BrokerManager does not guarantee that (i) the BrokerManager Platform and/or the Services offered by BrokerManager or by Third Party Services meet your specific requirements, (ii) the BrokerManager Platform and/or the Services offered by BrokerManager or by Third Party Services will be uninterrupted , timely, secure or error-free; (iii) the results that may be obtained from the use of the BrokerManager Platform and/or the Services offered by BrokerManager or Third Party Services are accurate or reliable; (iv) the quality of any type of material purchased or acquired by the User through the BrokerManager Platform and/or the Services offered by BrokerManager or by Third Party Services will meet your expectations and (v) any error in the BrokerManager Platform and /or the Services offered by BrokerManager or Third Party Services will be corrected. The User expressly acknowledges and agrees that BrokerManager will not be liable for any direct, indirect, secondary, special, consequential or exemplary damages or losses, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BrokerManager has been informed of the possibility of such damages), resulting from: (I) the use of or inability to use the BrokerManager Platform and/or the Services offered by BrokerManager or by Third Party Services; (II) the cost of acquiring substitute goods (merchandise) and services resulting from any goods (merchandise), data, information or services purchased or obtained, or messages received or transactions established by the BrokerManager Platform and/or the Services offered by BrokerManager or Third Party Services; (III) unauthorized access or alteration to your transmissions or data; (IV) statements or conduct of any third party on the BrokerManager Platform and/or the Services offered by BrokerManager or Third Party Services; (V) or any other matter or matter related to the BrokerManager Platform and/or the Services offered by BrokerManager or Third Party Services. The failure of BrokerManager to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between the User and BrokerManager, and govern your use of the service, superseding any prior agreements between the User and BrokerManager (including but not limited to any prior version of the Terms of Service).

13. Withdrawal of Class Actions

To the extent permitted by law, the User waives the right to participate as a plaintiff or participating member in any class action, class action, collective arbitration, class action or any other purported representative or consolidated proceeding. Unless the parties otherwise agree in writing, the arbitrator may not consolidate more than one claim brought by one person and may not otherwise preside over any form or type of representative proceeding.

14. Security

Protecting the security of users is fundamental for BrokerManager, which is why we have adopted reasonable security measures within its technological and economic reach to protect the information and privacy of users and prevent unauthorized access to their data or any modification, disclosure. or unauthorized destruction thereof. Notwithstanding the above, as a user you understand and accept that depending on the nature of the Internet and computer systems in general they may be vulnerable, therefore BrokerManager does not guarantee that the BrokerManager platform is always secure or free of vices, errors or defects. , nor that it always works without interruptions, delays or imperfections, nor that it is useful for a specific result or purpose, BrokerManager not assuming any type of responsibility in this regard. Consequently, BrokerManager will not be liable for any damage or loss arising directly or indirectly from the use of the BrokerManager platform. In view of the foregoing and the fact that BrokerManager does not guarantee the availability at all times of access and continuity of operation of the Platform and its modules, BrokerManager will not be responsible, under any circumstances, for damages caused as a result of unavailability. , access failures, lack of continuity, use or inability to use the S services or the BrokerManager Platform, nor for the Notices, content, and/or information hosted or processed on the BrokerManager Platform/or through its Services.

15. Third Party Services

The BrokerManagercon Platform has links and access to third-party website services, platforms and/or technologies that are not owned or controlled by BrokerManager, such as hosting services, domain name registration services, application distribution services. mobiles, among others (hereinafter the “Third Party Services”). In particular, you accept and acknowledge that access to Third Party Services on the Internet is carried out under the responsibility of the User. BrokerManager has no control over these, and assumes no responsibility for the content, legality, available features, terms of use, privacy policies or practices of any third party services. In this sense, the User expressly releases BrokerManager, and the companies and/or entities related to it, including its directors, dependents, agents, representatives, associates, contractors, and/or subcontractors from all and any liability that may arise from the use of any Third Party Services. Accordingly, we remind the User to carefully read the terms and conditions and privacy policy of each of the Third Party Services with which they interact. BrokerManager allows integration with certain Third Party Services through a communication interface (API), for the management and administration of information and databases. The User acknowledges and agrees to be bound by the Third Party Terms of Service for any legal consequences, including possible service costs, generated directly or indirectly through Third Party Services that have been integrated. In no case will BrokerManager be liable for failures and inconsistencies or others of the API or third-party services. The inclusion, linking, integration, use or access of any Third Party Site or Service from the BrokerManager Platform does not imply in any way the approval, guarantee of operation, or endorsement by BrokerManagera of such Third Party Sites or Services.

16. Use of the BrokerManager Platform, the Site and its Services

Users and Agent Users undertake to accept the Terms of Service, to use the BrokerManager Platform, the Site and its Services in good faith, for legitimate purposes and in accordance with these and to comply with all regulations that are applicable to them, respecting the rights and property of third parties. By accepting these Terms of Service, you agree not to use or allow any User linked, associated or related to your Agent Account and/or entity to use the Services and/or the BrokerManager Platform and/or the Site for the following purposes or uses that are expressly prohibited:
  • unlawful purposes, illegal, fraudulent, false or misleading activities or activities not authorized by BrokerManager;
  • induce, adjust, modify, falsely represent that it is associated or linked with the Service or BrokerManager;
  • upload, publish, post, host or send unsolicited emails, SMSs and/or spam or similar that is prohibited by applicable regulations;
  • violate rights of other users and/or third parties;
  • 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 the applicable regulations;
  • use the Services in a manner that is negligent or involves abuse, interference or disruption of the networks of the BrokerManager Platform and/or the Services;
  • transmit, store and/or in any way process through the BrokerManager Platform, any data, content, Notice, information or material that may infringe the intellectual property, privacy or other rights of third parties;
  • copy, modify, alter, adapt, make available, reverse engineer, decompile or disassemble any part of the BrokerManager Platform, and/or any features, functions or graphics of the BrokerManager Platform;
  • reproduce, duplicate, copy, sell or exploit, in whole or in part, the BrokerManager Platform, its tools or functionality or any BrokerManager content without the express written consent of BrokerManager;
  • reproduce, duplicate, copy, sell, resell, distribute, exploit any part of the Service and/or the BrokerManager Platform, allow access or use to a third party and/or use the Services and the Platform for a third party without the express written consent of BrokerManager;
  • upload or transmit any content, information, software or code that damages or is intended to damage, disable, destroy or adversely affect the performance of the BrokerManager 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 BrokerManager or other users of
  • the BrokerManager Platform and the Services and/or disobey laws or regulations or requirements, procedures, policies or regulations of such servers or networks;
  • engage in any activity or use the BrokerManager Platform and/or the Services in a manner that could damage, disable, overburden, impair or interfere with or affect in any way those or any servers or networks connected to the BrokerManager Platform or the security systems of BrokerManager;
  • and use the BrokerManager Platform and/or the Services in a way that contravenes any BrokerManager policy or in any way that violates applicable law, including, but not limited to, privacy, confidentiality, personal data protection and anti-mail laws not wanted.

17. Confidentiality and Privacy Policy

Access to the BrokerManager Platform, Site and the Services associated with them could involve the processing of personal data which is subject to the Privacy Policy available through the following link https://brokermanager.app/es/politicas -of-privacy and that forms an integral part of these Terms of Service, complementing them.

18. Intellectual Property

The Platform, the brands, logo and all intellectual property rights related to it, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyright material, graphics, texts, images, designs (including the “look and feel” of the BrokerManager Platform), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, graphical user interface, secrets commercial; all of them are registered or not; are owned and/or licensed by BrokerManager and/or its related companies and/or entities and are subject to copyright and other intellectual property rights under applicable laws and international conventions. Except as expressly permitted in these Terms of Service, you may not copy, distribute, reproduce, display, give 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, compile, reverse engineer, combine with other software, translate, modify or create derivative works from any material that is the subject of BrokerManager's proprietary rights, whether by yourself or by anyone on your behalf, in any form or by any means.

19. Transfer

BrokerManager may assign, transfer, delegate or dispose of the rights or obligations derived from its relationship with the User or its contractual position, totally or partially and/or delegate the administration of the BrokerManager Platform and/or some of its functionalities and/or Services. , for which the User grants prior consent to carry out said actions.

20. Modification to the Terms of Service

BrokerManager may at any time and without prior notice, make changes and updates to these Terms of Service. These changes will be published on the BrokerManager Platform and will be effective from the time of publication. As a consequence of the above, we recommend periodically checking if there are changes in the Terms of Service since the continued use of the BrokerManager Platform by the User and Agent User will imply full acceptance thereof. If you do not agree with the updates or modifications to the Terms of Service, you must refrain from using the BrokerManager Platform and the Services. BrokerManager declares that the BrokerManager Platform, the Site, and/or the Services 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 such transfer in the administration and operation of the BrokerManager Platform and/or the Site and/or the Services will not require reliable notification or prior or subsequent consent from the User or Agent User who accepts it accordingly.

21. Applicable Legislation

The issues relating to the Terms of Service, as well as all those issues that arise and are related in part or in whole to the BrokerManager Platform and the Services are governed in each and every one of their extremes by the laws of the United Mexican States.

22. Contact

If you have any questions or queries about the Terms of Service and/or any other service of BrokerManager, the BrokerManager Platform and/or the Services you can contact our support team by email at: support@brokermanager.app Last modification September 3, 2023.