Terms & Conditions

Any person that accesses, browses or uses the Platform shall comply with, and be bound by the Terms. Your use of the Platform implies Your express acceptance, without any reservations, of all terms contained herein, and shall be equally valid to any written and signed agreement. If You disagree with the expressed terms, please do not access, browse or use the Platform.

For the avoidance of doubt, the term “use” includes, but is not limited to, accessing, browsing, inputting information and registering to use the Platform. Any reference to “You” or “Your” means you as a user of the Platform, and any reference to “We”, “Us” or “Our” is to BRAINSRE S.L.


1. IDENTIFICATION DETAILS


Owner: BRAINSRE S.L
Address: Calle Almagro 3, 1st Floor – Right, 28010 – Madrid, Spain.
V.A.T. No.: B-88564364.
Public Registry: Tomo 40.142, folio 40, Inscripción 1ª.
E-mail: info@brainsre.com or support@brainsre.com


2. PURPOSE AND SCOPE OF APPLICATION


The Platform is owned and managed by BRAINSRE S.L and its purpose is to offer real estate information to its users. This allows Our clients to access Our services offered through the Platform, subject to execution of the relevant agreement. In this sense, You expressly acknowledge that this Platform is offered to You on a B2B (Business to Business) basis only, and may only be used for Your own professional or commercial activities.

For this purpose, prior to completing Your registration to use the Platform, You will be prompted to expressly accept these Terms and, thereafter, You will only be able to access the applications for the services that You have contracted. Your use of the Platform as a registered user will be bound by these Terms, or any modified version published by Us.

The current Terms regulate the access, browsing and use of the Platform, notwithstanding Our right to modify its presentation, settings and content, as well as the terms required for the mere access and/or use of the Platform. They shall be in effect from the time of their publication until their full or partial modification. From then on, the modified Terms will come into force.

In this sense, on occasion, particularly when necessary for technical reasons or business continuity, We may make changes to these Terms. The access and/or use of the Platform after these changes have been applied and/or published imply Your acceptance of the same. Nevertheless, We will notify You of any relevant changes that affect Your use of the Platform and/or the particular services that You have contracted, prior to their entry into force.

In any case, certain contents and/or services are subject to their own specific conditions, and may only be available if You have expressly entered into the relevant agreement with Us for the provision of those services or the availability of those contents. The specific conditions of those contents and/or services may replace, complete or, if necessary, modify these Terms as relevant and only as to Your use of such contents and/or services.


3. ACCESS AND REGISTRATION


The landing page that serves as a point of access to the Platform is open to the general public. However, access to the Platform and its specific services further than the landing page requires registration and payment of the relevant fees. At the moment of Your registration to use the Platform, You shall fully accept and commit to comply with these Terms and any instructions or recommendations made available by Us from time to time on the Platform.

Access to, and use of, the services that We offer within the Platform requires registration and contracting any of such services. Access credentials upon registration will be provided by Us in the form of a Master User. You must be aware that Your first access to register in Our Platform is made in representation of Your company. To this end, You warrant and represent that You have sufficient capacity to bind Your company to these Terms and any other terms that may apply to Your use of Our Platform from time to time.

Once You have Your Master user credentials, You will be able to: (i) change the password that We have provided, and (ii) request as many users as You may require for Your personnel. You acknowledge and accept that, if You take part in the Free Trial as described in Section 7 of these Terms, Your user credentials will be those provided by Us for such Free Trial, therefore You will not need to request new access credentials when you acquire any of our licences.

Once registered, access to the Platform from the log-in screen acts as a single sign-on process which carries Your access credentials over to the relevant application when You try to access the latter, thus it is not necessary to input Your password upon accessing each application or tool available within the Platform.

You must treat Your access credentials as confidential and not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us at info@brainsre.com or support@brainsre.com.

We will not be liable for the accuracy or reliability of the data provided, thus each of You will be solely liable for any possible consequence, errors or failures related to the use of the provided data.

Passwords are confidential and non-transferable, and shall be valid for a term of three (3) months. It shall be generated by You following Our password security guidelines as available from time to time. In any case, We have the necessary functionalities allowing You to modify Your password when You deem necessary. You are not allowed to provide users for people outside of Your organisation.

You shall make diligent use of Your password and shall not make it available to any third party. You shall be responsible for keeping adequate custody of Your access credentials. You shall be liable for any illicit use of the Platform by any illegitimate third party who accesses the Platform using Your password. You, as Master User, will be liable for the actions taken by Your personnel in relation to the Platform.


4. INTELLECTUAL PROPERTY RIGHTS

 

4.1. General provisions. Use of the Platform


All intellectual property rights over the Platform, the information and materials contained therein, including but not limited to, the Platform itself, texts, photographs or illustrations, logos, brands, graphs, designs, interfaces and any other information, content or services available through the Platform are owned by Us or have been licensed to Us accordingly by their corresponding owner.

Your use of the Platform and/or any of its contents, regardless of their type or form, shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of the mentioned intellectual property rights. You are granted a right to use the Platform and its contents and/or services only for Your business purposes of information and management of the services provided by Us, and in accordance with the Terms, together with any other documents referred to herein or applicable to any of such services available through the Platform.

References to brands or trade names or other distinguishing signs in the Platform carry the implicit prohibition regarding their use without Our consent or that of their lawful holder. Access, navigation and use of the Platform does not grant You any right over such brands or commercial names, including logos.

We expressly reserve all intellectual property rights over the Platform and its contents and services. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any media or form, in whole or in part, of the Platform or any of its content for any public or commercial purpose, except under Our prior, explicit and written authorization.

Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify Platform content right holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to the Platform.

In the event that You submit or send Us information of any kind through the Platform, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe intellectual property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant Us a licence to use the information provided through the Platform, as necessary in order to provide You the requested services and/or contents.

You acknowledge and accept that You will be liable for the information that You provide, including its accuracy, and shall hold Us harmless from any claim arising from the use of such information.

If You suspect or are informed about the existence of any illicit or illegal content, including content that could infringe intellectual property rights of third parties, please notify Us through the following e-mail address in order to ensure that We can take the appropriate measures: info@brainsre.com.

Similarly, if You consider that the Platform infringes Your own intellectual property rights, or any other rights, please send Us an e-mail to the address indicated above, with the following information:

Identification of the claimant and its representative, including contact information.
Relevant documentation that supports Your claim, identifying the holder of the infringed rights.
Detailed account of the rights that have been supposedly infringed by Us or any of Our users, as well as their precise location within Our Platform.
An express statement declaring that the content has been used without consent from its right-holder.


4.2. Use of the information contained in the Platform


You acknowledge and accept that the main purpose of the Platform is to provide Our users with real estate information, as generated by Us or licensed to Us by its relevant owners (hereinafter, the “Information”), for Our users’ business purposes. You expressly acknowledge that, to the extent that obtaining and presenting the Information has entailed a substantial investment, this Information conforms a sui generis database further to applicable intellectual property regulations and, as such, We expressly prohibit the extraction and/or reuse of all or a substantial part of the Information, whether evaluated qualitatively or quantitatively.

In this sense, You may only access and use the Information under one of the licences offered by Us, as described below, and limited to Your professional activity.

You are aware that if You acquire any of the following licences, You must not take any action that is not expressly permitted for: (i) being contrary to the normal exploitation of the database; (ii) damaging Our legitimate interests, or (iii) damaging the intellectual property rights of third parties.

In any case, licences must be acquired for the specific number of users that You, as an organisation, consider necessary. To this end, once You select the type of licence that You want to acquire, You will be prompted to select the number of users that You need for Your personnel, considering that each user may only be assigned to one (1) person at a time.


4.3. Type of Licence


We offer different types of licence depending on the use You want to make of the Information offered in the Platform:


4.3.1. Internal and External Use

Under this license, You will be using the Platform under the context of servicing third party real estate assets, advisory work for third party clients, managing your own investments or advisory work for any third party client to sell/rent one on one assets. This means that this license will allow You to: (a) use the Information for the day to day activity of managing/servicing different real estate assets, and (b) providing strategic advisory and providing/including this analysis in order to get mandates or to advise on an acquisition, lease or sale of and asset or portfolio of assets.

This license does not give access or rights to:

Resale any Information included in the Platform;
Massively download Information by any mechanism not included as a function in the Platform; or
Share market research analysis publicly to massive information networks (newspapers, blogs, magazines, social networks, etc.).


5. DEVICES AND EQUIPMENT


You will need the correct devices and connection to have access to the Platform and You will be responsible for any costs associated with Your Internet connection. Additionally, You will use any of the following devices and equipment to have access and use the Platform:

– Device with a minimum resolution of 1366*768 pixels. We cannot guarantee the correct visualization of the data in the Platform with smaller resolutions.

Supported web browser installed with the latest version available. We will try to fix any bug or issue related with the Platform visualization and experience only if it occurs in any of the supported browsers. The supported web browsers are:

  • Chrome
  • Firefox
  • Safari
  • Microsoft Edge

– We may stop supporting any of the browsers at any time at our discretion. When a browser is no longer supported, we will stop fixing issues for it.

– Web browser configuration must allow the use of cookies for the Platform URL and must not have any pop-up blocker for the Platform URL.

We are not responsible for Your failure to have access to or use the Platform due to an Internet overload or due to faults or problems related to devices, equipment and/or networks.


6. PRICES AND SUBSCRIPTION. PAYMENT


Notwithstanding any free trial period that We may offer, Your access and use of the Platform is subject to payment of the relevant subscription fee.

This subscription shall be payable in advance on a monthly or annual basis and its specific amount shall be calculated in application of the fees available in the Platform at any given time for each type of licence and depending on the amount of users that You request and the Information that You are interested in accessing.

You may consult these fees in the following link: https://www.brainsre.com/#/signup. We will notify You if, during the Term of this agreement between You and Us, We modify the fees that are applicable to You. The modified fees will only be applicable to You from the next payment period but will not affect the then-current period.

Upon Your first access to the Platform following the Free Trial Period as described below, You will be prompted to either desist from acquiring any of Our licenses or make the first payment for the subscription that applies to You depending on the licence that You select and the number of users that You require. To this end, We may offer the following payment methods:

Brains RE