Terms | Real Estate CRM

Terms of Service

Entered into force on December 16, 2022

These Terms of Service (hereinafter referred to as the Terms) apply to you if your account has been set for European Union. The service is provided to you by RunProperty LTD (registry code 16263894, VAT number EE102388507), located in Tallinn, Estonia (hereinafter referred to as the Service Provider). This document regulates your (hereinafter referred to as the Client) access to the Services. Understanding these Terms is important because you must agree to all of these without exception in order to use the Services. In addition to these Terms and Conditions, we also publish the Data Processing Terms, which can be found on the Website https://www.runproperty.com/privacy.

Service, platform and packages. The Service Provider provides various services to the Clients (hereinafter referred to as the Service). The main service is the provision of cloud software (hereinafter referred to as the Platform), which can be used both on the web www.runproperty.com (hereinafter referred to as the Website) or on its subdomains or through a mobile application (hereinafter referred to as the App). The description of the content and fees of the current packages (hereinafter referred to as the Service Level) can be found on the Website.
Registration and contract. In order to order the Service, a registration form can be filled in on the Website, by which the Client confirms that he has read these Terms and Conditions and undertakes to comply with them. On the basis of the data written in the form, a profile is created for the Customer (hereinafter referred to as the Customer Account), which is used to identify the Customer and save the users, data and settings related to the Client. The Service Provider can also create a Customer Account on the basis of the Client's written request, in which case the Service Provider will send the Customer a confirmation link by e-mail, which on the website that opens will refer to the Terms and Conditions and by clicking on the button "Create User", the Customer confirms that he has read these Terms and Conditions and undertakes to comply with them. The completed registration form and/or the confirmation given when creating a user account, together with these Terms and Conditions, constitute an agreement between the Customer and the Service Provider (hereinafter referred to as the Agreement), which will be treated as a complete agreement that takes precedence over and supersedes all previous written and oral agreements applicable to the subjectmatter of the Agreement.
Special terms. The Customer and the Service Provider may enter into a User Agreement accompanying this Agreement, which sets out the special terms and conditions agreed upon among themselves that specify, amend or supplement these Terms and Conditions. Such agreements must be signed by the authorized representatives of both parties and these agreements take precedence over these Terms and Conditions.
Free trial and payment of the Service. When registering for the Service for the first time, the advertised free trial period at the Service Level (hereinafter referred to as the "Trial Period") will be applied. The data of the trial period will be stored in the system for 90 days after the end of the trial period, if the Customer does not previously notify that he wants to delete the account with the data. The Customer will not be invoiced for the trial period. By agreement of the parties, it is possible to extend the Trial Period. At the end of the trial period, the Client can continue with the paid Service by submitting to the Service Provider the desired Service Level Selection and payment data about himself/herself. By submitting Payment Data, the Client agrees to continue by paying the Service Fee under an open-ended Agreement until one of the parties submits a notice of termination in accordance with the Conditions. The Service Provider has the right to charge the Client for the Service immediately after switching to a paid Service. If the Client does not express a wish to continue with the paid Service, the Service Provider has the right to close the Client's account, delete the account data and terminate the Agreement immediately after the end of the trial period.
Fee. The Services are available as a one-time fee, monthly or annual fee (hereinafter referred to as the Fee), all Fees are subject to taxes prescribed by law (incl. VAT). The Service Provider has the right to change the content (functionality and fees) of the Service Levels. The Service Provider shall notify the Customer of the respective changes via the Website or in another reasonable manner within a reasonable time in advance. If the Client continues to use the Service within 30 (thirty) calendar days from the publication of the notice on the amendment of the Fee, it shall be deemed that the Client has tacitly accepted the amendments and thus has no claims regarding the amendments. Fee changes will not apply until the start of the new billing period.
Change the package. The Client has the right to change the Service level, the number of users included in the package and additional services at any time. Changes in the price are reflected in the Customer's invoice for the next period. The opportunities arising from the higher Service level shall enter into force immediately after the Client has confirmed the amendment of the package. Service level changes with a lower fee will take effect from the beginning of the next period, but the Client will not receive a refund if the Client's new Service Level Fee is low from the previous one.
Payment. The Customer undertakes to pay the invoices related to the use of the Service issued by the Service Provider in accordance with the invoice by the date indicated on the invoice. The Client pays a fee for the use of the Service for each subsequent period (usually a calendar month) in advance - on the principle of periodic prepayment. On the basis of invoices submitted by the Service Provider in electronic form, to the bank account indicated on the invoice or as a credit card payment to a third-party payment service provider selected by the Service Provider. In the case of a credit card payment, Customer authorizes the Service Provider to debit his/her credit card or bank account to the extent of all fees payable during each payment period, and the Customer also authorizes the Service Provider to use a third party to process payments. In the case of a third-party payment service provider, the Service Provider is not responsible for the processing of payments and related issues. The Customer does not have the right to refuse to pay the invoice or receive a refund of the prepayment on the grounds that he has not used the Service during the period or has done so only partially. The invoice is considered paid upon receipt of the entire amount indicated on the invoice to the account of the Service Provider.
Violation of the obligation to pay. If the Customer has not paid the claim by the due date, the Service Provider shall send the Customer a reminder of the breach of the payment obligation and the planned restrictions to the Customer's e-mail address at least 2 times with an interval of at least 7 working days. In the event of multiple non-fulfillment of a claim or multiple rejections of a payment method, the Service Provider has the right to restrict or suspend access to the Service and the entered data until the claims are fully paid. The Service Provider also has the right to charge a fee for the period when access to the Service is restricted or suspended until the termination of the Agreement by the Customer or the Service Provider. The Service Provider has the right to demand from the Customer the highest possible fine for delay prescribed by law for each calendar day of delay from the amount not received by the due date. The Customer must reimburse the Service Provider for the costs related to collecting the debt from the Customer, including for the assistance of persons acting as the representative of the Service Provider involved in the collection.
Use of the Service. The Customer confirms that the Platform meets its requirements and adds the accounts (hereinafter referred to as the User Account) to the users who are natural persons (hereinafter referred to as the User) for the use of the Software, which are used to identify the User and save the data and settings related to the User. Customer can add, edit, and inactive Castor accounts. The Service Provider is obliged to create new or amend existing User Accounts if the Client does not have access to the Service and no User is the legal representative of the Client. The Client remains responsible for all actions of the User(s) acting on his/her behalf when using the Service, including the fulfilment of these Terms and the requirements arising from the legislation. The use of the Service is considered to be the processing (including viewing, modification, deletion, downloading) of data available through the Service in any way or for any purpose.
User confirmation. Each time they enter the system, the user confirms that he/she has all the rights and authorisations to use the Service on behalf of the Client, he/she is a natural person with active legal capacity, all the data provided by him/her and the confirmations given are correct and complete. The Service Provider is not obliged to check this data separately. When creating an account, the User determines the method of logging in to the Service and, if necessary, the access code. The User undertakes to immediately notify the Service Provider of any abuse or suspected abuse of his/her account, loss of access codes or access to the user account of third parties. The User must also notify if he or she has mistakenly missed the service, but no longer has the right to use the Service on behalf of the Client.
Customer data. During the validity of the Agreement, the Client has the right to enter unlimited data, works and other materials (video, photo, picture, diagram, text, etc.) through the Service (hereinafter referred to as Data) if the Service level does not separately limit the amount of data. The size of one file is subject to restrictions due to technical requirements in the system. The Data entered by the Client belongs to the Client. At the same time, the Client confirms that he/she has the right to enter and transfer this Data and that such activities do not violate these Terms and Conditions, applicable law, intellectual property rights or otherwise the rights of third parties. The Customer is solely responsible for the consequences arising from entering or transmitting the data or related to it. The Customer grants the Service Provider the necessary rights (including a non-exclusive license regarding content protected by intellectual property rights) to use, copy, transmit, store and back up the data to enable the Customer to access and use the Service. The service provider keeps all data confidential and discloses it only to persons authorized as the client's representative or on the basis of law.
Customer service, correction of system errors, maintenance and development work. The Service Provider shall make every effort to ensure the availability, trouble-free operation and security of the Service. The Service Provider ensures the customer service of the Service by phone and e-mail on weekdays from 8:00 to 18:00. A working day is a calendar day that is not a Saturday, Sunday or a public holiday celebrated in the Republic of Estonia. The Customer has the right to activate the Provider's account in his/her system to be inactive, depending on whether it is necessary for the Service Provider to access the Data in order to provide customer service. If the Service Provider receives a notification about an error or functionality failure in the Service and, as a result, the use of the Service is prevented, the Service Provider shall make its best efforts to resolve the situation as soon as possible, but not later than within 48 hours from the receipt of the error message. In case of errors and functionality failures that do not prevent the use of the Service, the Service Provider may plan to resolve the situation over a longer period. The Service Provider is not obliged to correct errors arising from improper use of the Service. The Service Provider is constantly developing new functionality for the Platform and making improvements to the existing functionality in order to increase the quality of the Service. The Service Provider reserves the right at any time to improve, change or terminate the functionality of the Service (structure, security range, availability, reliability, etc.) and features (including design, structure, Internet addresses, security features, etc.) periodically or at any time, temporarily or permanently, if possible, by notifying reasonably in advance of fundamental changes, but without liability to the Customer for interrupting, changing or terminating functions or features. The Service Provider has the right to temporarily suspend access to the Services if it is necessary for the purpose of maintenance or development, due to maintenance or development work of third parties, to prevent a cyberattack, pursuant to legislation or decisions of competent authorities. The Service Provider's contractual obligations to the Customer shall be suspended for this period and the Service Provider shall not be liable for any damage, including loss of profit, resulting from the restriction or interruption of access under this clause.
Data Processing Agreement. The Data entered by the Client and the Users added by the Client may also contain the personal data of individuals located in the European Union, which are processed when using the Service. According to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as the GDPR), the Customer is considered to be the controller and the Service Provider as a processor. The Customer gives the Service Provider its consent and the task of processing the personal data in the possession of the Service Provider when using the Service to the extent necessary for the functioning of the Service. Personal data refers to the following categories: identification, contact and communication data, as well as data related to work and use of the Service. Personal data are processed in accordance with the requirements of the GDPR and other data protection laws and the protection of the rights of the data subject is ensured. Pursuant to Article 28(2) of the GDPR, the Customer grants the Service Provider general written permission to use sub-processors, i.e. third-party service providers that the Service Provider has divided into the following categories of sub-processors for the provision of the Services:
1. web hosting, databases, backup service providers;
2. system management service providers;
3. providers of email, customer relations and communication systems;
4. payment service providers.
The Service Provider shall notify the Customer of the addition or replacement of categories of processors of the Service Provider within a reasonable time in advance, thereby giving the controller the opportunity to object to such changes. In the event that the Service Provider is unable to provide the Service without this category and the Customer cannot agree to this, it will not be possible to continue using the Service and the Customer must submit an application for termination of the Agreement. The full list of sub-processors of the Service Provider can be viewed by sending a corresponding application. The service provider shall ensure that it complies with the confidentiality requirement when processing personal data and processes personal data in compliance with all measures required by Article 32 of the GDPR. Taking into account the nature of the processing of personal data, the Service Provider shall, as far as possible, assist the Client in fulfilling the controller's obligations and obligation set out in Articles 32-36 of the GDPR to respond to requests to exercise the data subject's rights set out in Chapter III of the GDPR by appropriate technical and organisational measures. The Service Provider shall notify the Customer of the receipt of the request from the data subject and the Customer is obliged to respond to it himself/herself. Make available to the controller all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and enable the controller or another auditor authorised by the controller to carry out audits, including inspections, and contribute to this by having the right to charge a reasonable fee for the time spent, as the case may be. At the same time, the Customer may not exercise the right to conduct an audit more often than once during a calendar year, unless there is a proven suspicion of a violation of the Terms and Conditions and the Service Provider is not required to disclose documents, files or other information containing them in order to protect the trade secret. After the end of the provision of data processing services, erase or return to the controller, at the choice of the controller, all personal data and delete existing copies, unless Union or Member State law requires storage. When deleting data, the following rules are followed:
1. if the Client has used the free Service, the personal data of the account shall be deleted within 30 days after the end of the Agreement;
2. if the Customer has used a paid Service, the Service Provider's personal data may be stored in the Service for up to 3 (three) months so that the Customer can start using the Service again or export personal data if they wish, unless the Customer has expressed another wish in writing. The data may then be stored as part of the Service Provider's archive backups for another three months, after which the personal data will be deleted.
Prohibited activities. The Customer and the User may not:
1. use the Service for any illegal, harmful, misleading, fraudulent or other malicious purpose and in any other malicious manner;
2. to process and transmit personal data by means of distance communication without the consent of the data subject;
3. insert and transmit content that violates or may violate the intellectual property rights or other rights of third parties;
4. Enter and transfer content or files that contain viruses or other malicious code;
5. without the prior written consent of the Provider, use the system, the Website or any part thereof with any automated scripts, programs or tools, unless there is a separate written agreement on this or they burden the system;
6. perform activities that disturbid, hinder or endanger the Service Provider's provision of the Service to other customers.
Regular termination. An open-ended Contract may be cancelled by both parties at any time by way of regular termination without giving a reason. For this:
1. The Customer shall send the Service Provider a corresponding request for termination of the Agreement in the system or a signed notice by e-mail to the contacts below at least 30 (thirty) calendar days in advance. In the event of termination by the Customer, the Service Provider is not obliged to reimburse the Fees that the Customer may have paid.
2. The Service Provider shall send the Client a corresponding notice of termination of the Contract 30 (thirty) calendar days in advance.
At the end of the Agreement, the Customer's right of access to the Service is suspended and the Service Provider is not obliged to keep backup copies, but the Customer has the right to ask for the transfer of the Data in a machine-readable format.
Extraordinary suspension and/or termination. The Customer has the right to extraordinarily terminate the Contract if the Service Provider violates the Agreement and has not eliminated this breach within the reasonable term given to him. The Service Provider has the right to immediately and without prior notice temporarily or permanently suspend the User's or Customer's access to the Service if the User violates these Terms and Conditions or if the Service Provider has a reasonable suspicion of a violation of the Terms. In order to restore access, the Client is obliged to provide convincing evidence of non-occurrence of the violation, compliance of the activity with the Contract, these Terms and Conditions and legislation. The Customer shall not have the right to ask for a refund of the prepayment upon extraordinary termination of the Agreement by the Customer, unless the Service Provider's guilt has been proven. The Customer shall not have the right to ask for a refund of the prepayment in the event of extraordinary termination of the Agreement by the Service Provider.
Monitoring the use of the service. The Customer and the User are aware that the Service Provider collects statistics related to the use of the Service for the purpose of improving and further developing the Service. The Service Provider has an obligation under the Information Society Services Act (abbreviated as InfoTS) to notify the competent supervisory authorities of possible illegal activities or information provided and to identify those Clients and Users to whom it provides the data storage service.
Copyright and intellectual property. The Service Provider owns all copyrights and related rights to the Website and the Service and the materials constituting thereof (including published information, texts, images, graphic works, compilations, databases, software, trademarks, service marks, logos, copyright, non-proprietary right, know-how, trade secrets, domain names and other, worldwide within the meaning of copyright law, registered or not registered separately) for which the copyright does not belong to a third party. By making the Service available to the public, the Service Provider does not grant any copyright to the Service or the materials published therein to any person (including the Customer). Except as provided in this document, in accordance with the Copyright Act, the materials on the Website may not be copied, reproduced, distributed, extracted, translated, processed, adapted, displayed to the public, communicated or made available in any form without the express written permission of the Service Provider. Reproduction of the Service, its structure, technical and graphic design or programs is prohibited because they are protected by intellectual property rights to the widest extent possible, and parts that cannot be protected under intellectual property laws are protected by copyright.
Safety. The Service Provider shall make all reasonable efforts to ensure the security measures (secure collection, transmission and storage) of the Data in accordance with applicable law, including daily backups for up to 7 days.
No warranty. The Service Provider disclaims any and all warranties, express or implied, with respect to the Service. The Service is provided "as is", "if any" and at the Client's own risk, and the Service Provider does not guarantee or confirm the quality of the Service, fitness for the purpose, non-infringement, integrity or accuracy. The Service Provider cannot be held responsible for the service's compliance with the Customer's needs. The Service Provider does not guarantee the compatibility of the Software with the hardware and software of the Users. Regardless of our efforts to provide the Customer with the best quality, safety and security, we do not guarantee that the Service will be uninterrupted, timely or error-free, or that defects will be corrected. The service provider cannot guarantee that the collection, transfer and storage of personal data will be secure at any time. The Service Provider shall not be liable for any obstacles to the operation or use of the Service caused by the hosting service provider, the Customer's Internet Service Provider or any other third party, unless required by applicable law. The platform is intended for persons engaged in the economic and professional activities of real estate, but the client and users must make sure of its suitability for the needs of a particular company and the requirements arising from the laws applicable to them. The Service Provider is not a legal or real estate agency and the use of the Services does not constitute the provision of such a service. The Client is solely responsible for compliance with any and all applicable laws under the law of obligations, accounting, tax and other relevant laws. The Client is responsible for ensuring that the storage of and access to data through the Service is in accordance with the law applicable to the Client. The Service Provider may refuse to grant access to the Service to any Customer or User.
Limitation of Liability. To the fullest extent permitted by law, the Service Provider's liability for damages arising from the Customer's use or impossibility of using the Service or unauthorized access to the Customer's data, its interruption, change, destruction or deletion is excluded. In addition, the Service Provider shall in no event be liable for indirect damages, including loss of profits. In any case, the Provider's total liability is limited to the amount paid by the Customer to the Service Provider for the Services during the last six (6) months immediately preceding the month in which the event giving rise to the Provider's liability occurred.
Divisibility. In the event that any provision of these Terms is found to be null and void, invalid, illegal or unenforceable, it will not affect or impair the validity, legality or enforceability of the remaining Terms.
Assignment. The Service Provider may, without the customer's consent, assign any or all of its rights under these Terms to any person without the customer's consent, unless this reduces the likelihood of performance of the Agreement.
Compensation. The Customer undertakes to indemnify the Service Provider and its third-party service providers for any claims, demands, damages, expenses or liabilities (including reasonable legal costs) arising out of: data provided, transmitted or made available by the Customer through the Service; misuse of the Service by the Client or its designated Users; violation or alleged violation of these Terms and Conditions; obligations arising from data protection legislation as a controller of personal data; or violation of the rights (including intellectual property rights) of third parties.
Applicable law and dispute resolution. These Terms and the Agreement shall be governed by the laws of the Republic of Estonia. If the Client is dissatisfied with the Service, the activities of the Service Provider or another question related to the Agreement, the Customer shall first turn to the Service Provider in order to resolve the situation through negotiations. In the event of failure to reach an agreement, the dispute shall be resolved in Harju County Court, Estonia.
Amendment of the Terms. The Service Provider has the right to amend or supplement the Terms at any time. The Service Provider shall notify the Customer of the respective changes via the Website or in another reasonable manner within a reasonable time in advance. If the Client continues to use the Service 30 (thirty) calendar days after the publication of the notice about the amendment of the Terms, it shall be deemed that the Client has tacitly agreed to the amendments and acknowledged them. The new Terms shall become an integral part of the Contract and shall be performed by the Parties from the date of their entry into force. If the Client does not agree with the new Terms or any specific changes, it is not possible to continue using the Service and the Client must submit an application for termination of the Agreement.

If you have any questions about these Terms of Service or would like to submit a notice related to the Agreement, please contact our customer support at support@runproperty.com