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Terms of Use

Terms of Use Last updated: 9 December 2024

These Terms of Use ("Terms") govern the access to and use of the CasaYes portal ("Site"). By accessing or using the Site, you agree to fully comply with these Terms, which are in accordance with applicable Portuguese and European legislation, including the General Data Protection Regulation (GDPR) and the Portuguese Copyright and Related Rights Code.

1. Acceptance of Terms 1.1. The use of the Website implies full acceptance of these Terms and the applicable legislation.1.2. If you do not agree to the Terms, you must immediately cease using the Site.1.3. These Terms apply cumulatively with CasaYes' Privacy Policy and other legal regulations in force.

2. User Account and Access 2.1. Certain features of the Site may require the creation of a user account. 2.2. By creating an account, you declare that: • The information provided is true, complete and up-to-date; • You will use the account solely for your personal purposes and in accordance with these Terms. 2.3. The user account is strictly personal and non-transferable. • It is forbidden to assign, transfer or share access credentials, whether free of charge or for a fee. 2.4. The user undertakes to: • Keep access credentials (username and password) secure and confidential; • Do not allow any third party to use your account for any purpose; • Immediately inform CasaYes in case of suspected unauthorized use or security breach. 2.5. Prohibition of Anonymization in Access: • The use of anonymization tools or mechanisms, such as proxies, virtual private networks (VPNs), Tor networks, or any other means intended to mask the user's IP address or identity during access to the Site, is strictly prohibited. • CasaYes reserves the right to monitor and identify accesses made through anonymization mechanisms, as well as to block such access and suspend or terminate accounts associated with these practices. 2.6. Prohibition of Web Scraping and Automated Access: • The use of any automated service, tool, or technology, including but not limited to bots, scripts, crawlers, or web scraping, to access, copy, extract, collect, index, or process data and information from the Site is prohibited. • Included in this prohibition is any method of automated collection that has not been previously authorized in writing by CasaYes. 2.7. Rights and Duties of the User2.7.1. You have the right to: • Fair and continuous access to the Website's functionalities, except in the case of technical maintenance or justified suspension. • Request information or corrective measures related to your personal data, in accordance with the GDPR. 2.7.2. The user undertakes to: • Use the Site lawfully and in accordance with these Terms. • Respect the rights of others, including copyright and intellectual property. • Do not use the Site for fraud, spam, or illegal activity. • The user undertakes to use the Website responsibly and reasonably, refraining from carrying out consultations, accesses or extractions of data in excessive volume or in an automated manner. • It is forbidden to use the Website for purposes that may compromise the stability, security or integrity of its functionalities, including repetitive or mass access. 2.8. Sanctions and Penalties: • Any illegal activity, excessive use, attempted anonymization, web scraping, or violation of these rules may result in: o Temporary or permanent suspension of access to the account; o Blocking of IP or associated devices; o Lawsuit for compensation for material and moral damages caused to CasaYes.

3. Intellectual Property and Site Content 3.1. All the content of the Website (texts, images, logos, advertisements, databases, data organization, design and other elements) is the property of CasaYes or its licensors and is protected: • By the Code of Copyright and Related Rights of Portugal; • By the European Database Directive (96/9/EC); • By applicable international law, including the Berne Convention for the Protection of Literary and Artistic Works. 3.2. It is strictly forbidden: • Copy, reproduce, modify, distribute, create derivative works from, or use any content on the Site without express written permission; • Extract data from the Site through scraping, APIs, or any other automated method. 3.3. Any unauthorized use will be treated as a serious infringement, subject to the sanctions provided for by law, including actions for violation of copyright and intellectual property.

4. No Use by Analysis or Statistical Companies 4.1. The use of any data or information contained on the Website by companies, platforms, organizations or individuals who: • Perform real estate market analysis, statistics or trend and price reports; • Develop real estate data-based products, predictive models, or platforms; • Use data from the Site to feed databases, algorithms, or any type of software or analytical tool. 4.2. The prohibition applies to any commercial, academic or research use, including anonymized or aggregated data, unless expressly authorized in writing. 4.3. Unauthorized use will be treated as a serious violation, with legal consequences.

5. Protection of Personal Data (GDPR) 5.1. Data Collected: CasaYes may collect data voluntarily provided by the user and browsing data to ensure the functionality of the Site and personalize the user experience.5.2. Purposes of Processing: The data may be used to: • To improve the services and functionality of the Site. • Prevent fraud and ensure security. • Comply with applicable legal obligations. 5.3. User Rights: • You have the right to access, correct or delete your data and you can exercise these rights by contacting us at ajuda@casayes.pt. • CasaYes complies with the provisions of the General Data Protection Regulation (EU Regulation 2016/679). • The use of information from the Site that can directly or indirectly identify individuals is prohibited, except with legal or contractual authorization. • The anonymization or aggregation of data does not exclude the need for express authorization. • In the event of a breach, CasaYes may report the incident to the National Data Protection Commission (CNPD) and take the necessary legal measures.

6. Limitation of Liability • The Site is provided "as is" without warranties of any kind, either express or implied. • Although CasaYes strives to ensure that the information made available on the Site is accurate and up-to-date, it cannot be held responsible for any errors, inaccuracies, omissions, or out-of-date information in the information published. • Any use of information from the Site is at the risk of the user, who is responsible for verifying the accuracy and adequacy of such information before making any decision or action based on it.

7. Changes to the Terms • CasaYes will notify registered users of significant changes to the Terms with at least. • If you do not agree to the changes, you may cease using the Site and request the closure of your account. • CasaYes reserves the right to modify or update these Terms at any time. • Changes will be effective on the date of publication on the Site. By continuing to use the Site after the changes, you agree to the updated Terms.

8. Sanctions and Penalties Any violation of these Terms may result in: • Suspension or termination of the user account; • IP blocking or associated devices; • Complaints to the competent authorities; • Lawsuit for compensation for material and moral damages.

9. Governing Law and Dispute Resolution • These Terms are governed by the laws of Portugal. • All disputes relating to the Website will be resolved exclusively in the courts of the District of Porto.

10. Contact For questions, requests for authorization or reports of violation, please contact us by email: ajuda@casayes.pt.

11. Specific Rules for Advertisers and Companies 11.1. Advertisers must ensure that the information in the advertisements is complete, truthful and up-to-date. 11.2. It is forbidden to publish content that is fraudulent, misleading or that violates applicable law. 11.3. CasaYes reserves the right to remove content that violates these Terms and to request the necessary documentation for ad verification.

12. Cookies Policy 12.1. CasaYes uses cookies to personalize the user experience and analyze the performance of the Site. 12.2. You can manage your cookie preferences through your browser or in the Site's settings.

13. Force Majeure Clause CasaYes will not be held responsible for delays or failures arising from force majeure events such as natural disasters, cyberattacks, or global infrastructure failures.