This contract regulates access to and use of the REALMAKER AI service, a conversational assistant based on artificial intelligence oriented to the real estate sector, developed and operated by PLACE ANALYTICS, S.L.
1. OBJECT AND DEFINITIONS
The following definitions are applicable to the entire document:
Service Provider: PLACE ANALYTICS, S.L., with registered office at Calle Asturias Nº5, 1º, Oviedo (33004), Asturias, owner of the REALMAKER AI platform (hereinafter "REALMAKER AI" or "the Company"). PLACE ANALYTICS, S.L. is also the owner of the BETTERPLACE® platform (www.betterplaceweb.com).
Client: Any natural person of legal age, company, business, association or any other entity that contracts access to the Service offered by REALMAKER AI, typically a real estate agency or professional.
Third Party Interested Party: Any person (buyer, seller, tenant, landlord or other) who contacts the Client through the messaging channels where the Service is active.
Service: The REALMAKER AI platform and all its functionalities, accessible through www.realmaker.ai and, where applicable, integrated within the BETTERPLACE® environment.
Bot / AI Assistant: The automated conversational agent based on artificial intelligence that acts on behalf of the Client in the configured messaging channels.
Messaging Channels: Third-party communication platforms (currently those managed by Meta Platforms, Inc., including WhatsApp and Instagram, in whose official partner network REALMAKER AI is integrated) through which the Bot interacts with Third Party Interested Parties. The Service may be extended in the future to other messaging channels or platforms, which will be communicated to the Client in accordance with the modifications clause.
AI-Generated Content: All text, response, report, suggestion or other material produced totally or partially by the Bot within the framework of the Service.
Integration with BETTERPLACE: REALMAKER AI can operate as an independent service or be available in an integrated manner within the BETTERPLACE® platform. In both cases, these General Conditions govern the use of the REALMAKER AI Service. In case of joint or integrated contracting, the general conditions of BETTERPLACE will also apply where appropriate, with these prevailing in everything related to the functionalities of the AI Assistant.
These General Conditions are subject to the provisions, among other regulations, of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce; Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users; Law 7/1998, of April 13, on General Contracting Conditions; and Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), as well as Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
2. PERFECTION OF THE CONTRACT
The contract is perfected from the moment the Client expresses their agreement with these conditions through express acceptance in the registration or contracting process, either through the www.realmaker.ai platform or in the integrated BETTERPLACE® environment. Such acceptance produces full legal effects in accordance with article 23 of Law 34/2002.
After contracting, the Client will receive an automatic notification at the email address provided during registration, with the particular conditions applicable to the contracted modality.
The parties legally equate the Client's handwritten signature to any digital identification mechanism used on the platform. REALMAKER AI reserves the right to require additional written confirmation when deemed necessary.
If the Client is a legal person, the natural person who formalizes the contract on their behalf guarantees having sufficient authorization and powers to do so, and will respond jointly and severally under the terms of article 1,822 of the Civil Code.
3. NATURE OF THE SERVICE AND FUNCTIONALITIES
REALMAKER AI is a conversational assistant based on artificial intelligence specifically designed for real estate professionals and agencies. Its operation is structured around the following elements:
3.1 General operation
The Bot is installed and linked to the Client's Meta account (currently WhatsApp Business and Instagram Direct) and synchronized with their email. When a Third Party Interested Party contacts the Client through one of the enabled Messaging Channels, the Bot automatically activates and initiates a conversational interaction with that third party. During that conversation, the Bot collects relevant information provided by the Third Party Interested Party, consults available databases to offer contextualized responses, and performs contact qualification tasks—determining, among other aspects, their profile, needs, level of intent and suitability to the Client's offer—in order to optimize the agency's commercial management.
3.2 Bot customization
The Client may configure and customize the Bot's behavior through the use of instructions (prompts) and other parameters available on the platform, adapting its tone, conversation flows, qualification criteria and other characteristics to the specific needs of their business. The Client is solely responsible for the instructions they configure and the effects they produce in conversations with Third Party Interested Parties.
3.3 Integration with third-party messaging channels
The Service operates through integration with third-party messaging platforms. Currently, REALMAKER AI is an official partner of Meta Platforms, Inc., which allows the connection of the Bot with the Client's WhatsApp Business and Instagram Direct channels.
Activation of the Service on the Client's Meta channels implies their express authorization for REALMAKER AI to access and operate on said accounts on their behalf, in the technical terms necessary for the provision of the Service. The Client declares to know and accept the terms of use of Meta Platforms, Inc. applicable to their account, and recognizes that REALMAKER AI does not assume any responsibility for the policies, technical changes, restrictions or interruptions that Meta may impose on said channels.
REALMAKER AI may extend the Service to other messaging channels or third-party platforms in the future, which will be communicated to the Client with due notice in accordance with the modifications clause. The incorporation of new channels will require the express authorization of the Client for each additional platform.
3.4 Inherent limitations of the Service
The Client expressly acknowledges and accepts that:
- AI-Generated Content is the result of probabilistic models that process data and instructions and that, by their very nature, may contain inaccuracies, imprecisions or omissions.
- The Bot does not replace the Client's professional judgment in any aspect of their real estate activity. The conversations and qualifications generated are a support to said activity, not an autonomous decision with binding effects.
- AI-Generated Content does not constitute in any case legal, financial, tax, urban planning or any other type of advice subject to professional regulation.
- REALMAKER AI does not guarantee the suitability, accuracy, timeliness or sufficiency of AI-Generated Content for any specific purpose.
4. ACCESS AND FORM OF CONTRACTING
Contracting of the Service will be done through the means enabled at www.realmaker.ai or, in case of integrated modality, within the BETTERPLACE® platform. The particular conditions applicable to each access modality will be detailed in the contracting process and will be understood as incorporated into this contract.
In case the Client contracts REALMAKER AI as part of an integrated package with BETTERPLACE®, the economic conditions will be set jointly, without prejudice to the autonomous validity of these conditions regarding the functionalities of the AI Assistant.
Any charge made by REALMAKER AI on the Client's account for provision of the Service will be considered a duly authorized payment transaction. Acceptance of these conditions constitutes the direct debit order in accordance with Law 16/2009, of November 13, on payment services.
5. FEES AND BILLING
5.1 Fees
The prices and economic conditions of the Service will be those indicated at any time on www.realmaker.ai or in the personalized offer sent to the Client. REALMAKER AI reserves the right to modify the fees at any time, notifying the Client with a minimum advance notice of fifteen (15) days in accordance with what is established in the contract modification clause.
5.2 Billing
The frequency and form of billing will be established in the particular conditions of each contracting modality. With the acceptance of these conditions, the Client consents to the issuance and sending of invoices in electronic format, in accordance with Royal Decree 1619/2012, of November 30.
5.3 Non-payment
If issued invoices are not attended to within fifteen (15) days from their expiration, REALMAKER AI may suspend access to the Service without this implying termination of the contract or exempting the Client from payment of pending amounts, or resolve the contract and claim all amounts owed. Expenses derived from non-payment will be borne by the Client. In modalities with permanence commitment, non-payment of a fee empowers REALMAKER AI to demand all pending fees.
5.4 Taxes
All prices include legally applicable taxes and levies at any time.
6. PERMITTED USE AND CLIENT OBLIGATIONS
Access to the Service is granted to the Client through a personal, non-transferable and non-exclusive use license, for the development of their professional real estate activity.
It is expressly prohibited:
- To assign, sublicense, resell or in any way transmit to third parties access to the Service or AI-Generated Content without the prior written consent of REALMAKER AI.
- To use the Service to generate content intended for third parties as if it were their own creation, within the framework of services that compete with REALMAKER AI.
- To reproduce, copy, distribute or commercially exploit the Service or any of its components beyond what is strictly authorized by these conditions.
- To access the Service through additional automated systems, robots, scrapers or other similar tools without express authorization from REALMAKER AI.
- To configure the Bot through instructions (prompts) that are illegal, misleading, discriminatory, contrary to public order or that violate third party rights or consumer protection regulations.
- To attempt to evade, manipulate or alter the security systems, authentication or AI models of the Service.
The Client is solely responsible for the configuration of the Bot, the instructions they program and the use they make of AI-Generated Content, including its review and adequacy before using it in any communication or decision-making. The Client guarantees that the use of the Service is carried out within the current legal framework.
The Client is also responsible for the custody of their access credentials. REALMAKER AI will not be responsible for unauthorized uses derived from the Client's lack of diligence in protecting said credentials.
7. CONTENT AND INSTRUCTIONS ENTERED BY THE CLIENT
The Client may enter texts, instructions (prompts), configuration parameters and other data into the Service in order to customize the Bot's behavior and obtain desired results. REALMAKER AI guarantees that such content will be confidential and will not be disclosed to third parties, except by legal obligation.
The Client authorizes REALMAKER AI to use, in an anonymized manner and without any reference that allows identifying the Client or their data, the instructions and configurations entered on the platform for the purpose of improving models and the Service. In no case will identifiable personal data be used for this purpose.
REALMAKER AI will not be responsible for the content, accuracy or legality of the data, instructions or configurations that the Client enters into the Service. The Client declares and guarantees that they have the necessary rights over such content and that its use does not violate third party rights or current regulations.
8. RESPONSIBILITY
8.1 Exclusion of warranties regarding AI-Generated Content
REALMAKER AI offers no warranty, explicit or implicit, regarding the accuracy, completeness, timeliness, suitability, originality or absence of errors of AI-Generated Content. Artificial intelligence models may produce incorrect, outdated responses, inadequate for certain user profiles or inappropriate for certain conversational contexts. It is the sole responsibility of the Client to supervise, review and, where applicable, validate the Bot's behavior and the results it generates.
8.2 Conversational nature of the Bot
The Client acknowledges that the Bot interacts autonomously with Third Party Interested Parties in real time and that, due to the very nature of conversational artificial intelligence systems, its responses cannot be supervised by REALMAKER AI before being sent. REALMAKER AI assumes no responsibility for the specific content of conversations that the Bot maintains with Third Party Interested Parties, nor for the interpretations, expectations or decisions that said third parties may derive from such conversations. The Client is the sole legal interlocutor vis-à-vis Third Party Interested Parties and is responsible for the image and commitments that the Bot may generate on their behalf.
8.3 Responsibility for Bot configuration
The Client is solely responsible for the parameterization, instructions and conversational flows they configure in the Bot. Any damage, claim or harm derived from incorrect, misleading or unlawful configuration will be attributable exclusively to the Client. REALMAKER AI is completely exonerated from responsibility in this regard.
8.4 Limitation of liability
REALMAKER AI's liability to the Client for any damages derived from the provision of the Service shall not exceed, in any case and by express agreement between the parties, the total amount paid by the Client to REALMAKER AI during the twelve (12) months immediately prior to the event generating the damage. The parties expressly exclude compensation for loss of profits.
8.5 Dependence on third-party platforms
The Service technically depends on third-party platforms, particularly Meta Platforms, Inc. REALMAKER AI assumes no responsibility for interruptions, technical changes, access restrictions, modifications to APIs or usage policies that such platforms may impose at any time, nor for the unavailability of the Service that may result from this. Likewise, it will not be responsible for outages or degradations due to external technical causes, maintenance, AI model updates or failures in telecommunications networks.
8.6 Decisions with legal effects
AI-Generated Content should not be used as the sole basis for adopting decisions with significant legal effects on persons or entities. Its use before courts, public administrations or other bodies is the sole responsibility of the Client, who releases REALMAKER AI from all responsibility in this regard.
8.7 Third party intellectual property
AI systems may generate content that resembles pre-existing works. The Client is responsible for verifying that the use of AI-Generated Content does not infringe third party intellectual or industrial property rights. REALMAKER AI assumes no responsibility for third party claims derived from the Client's use of generated content.
9. INTELLECTUAL PROPERTY
The REALMAKER AI platform, including its source code, design, models, algorithms, databases, interfaces, pre-designed conversational flows and documentation, are the exclusive property of PLACE ANALYTICS, S.L. and are protected by current intellectual and industrial property legislation, in particular by Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law.
The use license granted to the Client does not imply the transmission of any intellectual or industrial property rights over the Service or its components.
AI-Generated Content may be used by the Client for the purposes of their professional activity within the limits established in these conditions. REALMAKER AI does not claim ownership of said content, although the Client acknowledges that it has been generated using REALMAKER AI technology.
10. CONFIDENTIALITY
Both parties are obliged to maintain confidentiality regarding all non-public information they become aware of in connection with the execution of the contract. This obligation will subsist even after the termination of the contractual relationship.
The Client undertakes not to disclose to third parties the contents of the Service, the technical characteristics of AI models or any other information that REALMAKER AI identifies as confidential. They will be responsible for any leak that occurs among their staff or third parties with whom they have shared access.
11. DURATION, TERMINATION AND RIGHT OF WITHDRAWAL
The contract will have the duration established in the particular conditions of each contracting modality. In the absence of express agreement, the contract will be understood as concluded for an indefinite period.
Termination at the Client's request
The Client may request cancellation of the Service through the option enabled for this purpose on the REALMAKER AI platform, which must be done at least one (1) day before the start of the next billing period or license renewal, in order to avoid being charged for said period. In case the cancellation cannot be processed through this means, the Client may communicate it to REALMAKER AI in writing (email or postal mail) with a minimum of thirty (30) days in advance of the date on which they wish it to take effect. In any case, pending amounts will be payable and, where applicable, penalties derived from non-compliance with permanence commitments.
Termination by REALMAKER AI
REALMAKER AI may terminate the contract by written notification to the Client with fifteen (15) days notice in case of non-compliance by the Client with any of the obligations established in this contract. Likewise, it may unilaterally terminate the contract for commercial or strategic reasons, respecting the indicated period.
Right of withdrawal
Given that the Service consists of digital content that is made available to the Client immediately, the right of withdrawal is not applicable once the Client has accessed or started using the Service, in accordance with article 103, sections c) and m) of Royal Legislative Decree 1/2007. With the acceptance of these conditions, the Client expressly consents to the immediate supply of digital content and declares to know that, consequently, they will not be able to exercise said right.
Termination of the contract, for any reason, does not extinguish obligations arising during its validity or those of confidentiality and liability, which will subsist indefinitely.
12. MODIFICATIONS OF THE CONTRACT AND SERVICE
REALMAKER AI reserves the right to modify these General Conditions, the particular conditions, the technical characteristics of the Service and the AI models that integrate it. Any modification will be communicated to the Client with a minimum advance notice of fifteen (15) days, either by direct notification or by publication on the platform or at www.realmaker.ai.
Continued use of the Service after said period without the Client having expressed their opposition will imply acceptance of the new conditions. If the Client does not accept the modifications, they may terminate the contract under the terms of the previous clause. Clearly beneficial modifications for the Client may be applied immediately.
Given the changing nature of artificial intelligence technologies and third-party messaging platforms, REALMAKER AI may update, replace or improve the AI models integrated in the Service, as well as incorporate new Messaging Channels, without this constituting a substantial modification of the contract, provided that the main functionalities of the Service are maintained and the Client is notified as indicated.
13. SUBCONTRACTING AND ASSIGNMENT
REALMAKER AI reserves the right to subcontract with third parties, including providers of artificial intelligence models, cloud services and messaging platforms, for the provision of the Service, without this exempting REALMAKER AI from its contractual obligations to the Client.
REALMAKER AI may assign the rights and obligations derived from this contract, notifying the Client, without requiring their consent. The Client may not assign or transfer the contract or its derived rights without the prior written consent of REALMAKER AI.
14. PROTECTION OF PERSONAL DATA
In compliance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD), REALMAKER AI informs the Client that the personal data provided will be processed by PLACE ANALYTICS, S.L. as data controller, for the purpose of managing the contractual relationship, providing the Service, conducting usage and satisfaction analyses, and, if the Client consents, sending commercial communications about new products or functionalities.
Regarding the personal data of Third Party Interested Parties collected by the Bot during conversations, the Client acts as data controller of such data, with REALMAKER AI being data processor under the terms of article 28 of the GDPR. The Client is solely responsible for informing Third Party Interested Parties about the processing of their data and having a valid legal basis for it, as well as complying with all obligations that data protection regulations impose on them in their capacity as controller.
Personal data will be retained during the term of the contract and, once it ends, during the limitation periods for applicable legal actions. Data will not be transferred to third parties except by legal obligation or when strictly necessary for the provision of the Service (e.g., infrastructure providers, AI models or messaging platforms), with whom corresponding data processing agreements will be signed.
The Client may exercise at any time their rights of access, rectification, deletion, limitation, portability and opposition, as well as withdraw consents granted, by writing, with a copy of identification document, to:
Avenida Hermanos Menéndez Pidal, Number 8 – 1º, Oviedo (33005), Asturias
Email: info@betterplaceapp.com
In case of understanding that their rights have been violated, the Client may file a complaint with the Spanish Data Protection Agency (www.aepd.es).
REALMAKER AI also informs that it may store the IP address of each access to the Service for security purposes and identification of unauthorized access. Telephone or telematic communications with customer service may be recorded, for the sole purpose of accrediting operations, evaluating service quality and resolving claims.
15. SUBMISSION AND JURISDICTION
For the resolution of any dispute arising from the interpretation or fulfillment of this contract, the parties, waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Oviedo.
16. INTEGRITY AND VOIDABILITY OF THE CONTRACT
These General Conditions, together with the particular conditions of the contracted modality, constitute the entire agreement between the parties and render null and void any previous verbal or written agreement, offer or commitment. If any clause proves null or inapplicable, the rest of the contract will maintain full validity and effectiveness between the parties.
The contract is formalized and governed in the Spanish language. Any version in another language will be merely informative; in case of discrepancy, the Spanish version will prevail.