Terms & Conditions
1. Introduction
Welcome to Proksimo.
These Terms and Conditions ("Terms") govern the access to and use of the Proksimo platform, including its mobile applications, websites, software, communication tools, electronic document services, and any related features or services (collectively, the "Platform").
The Platform is operated by Proksimo Solutions s.r.o. ("Proksimo", "Company", "we", "our", or "us").
Proksimo is a professional digital platform designed to provide real estate professionals with tools for property management, business organization, communication, collaboration, document management, lead management, team coordination, and other related services.
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.
These Terms constitute a legally binding agreement between you and Proksimo Solutions s.r.o.
Users are solely responsible for ensuring that their use of the Platform complies with all applicable laws, regulations, licensing requirements, professional obligations, and industry standards applicable in their jurisdiction.
The Platform is a technology service provider and is not a real estate agency, real estate broker, legal advisor, financial advisor, notary, escrow provider, or party to any transaction conducted between users of the Platform.
Additional policies, guidelines, and rules published by Proksimo, including but not limited to the Privacy Policy, Community & Professional Conduct Rules, and Platform Participation Rules, form an integral part of these Terms and shall apply to all users of the Platform.
2. Definitions
For the purposes of these Terms, the following definitions shall apply:
"Account" means a registered user profile created to access and use the Platform.
"Agency" means a real estate company, brokerage, firm, or other professional organization operating in the real estate sector.
"Applicable Law" means any law, regulation, directive, rule, professional standard, licensing requirement, or regulatory obligation applicable to the User in the jurisdiction where the User operates.
"Content" means any information, text, images, photographs, videos, documents, messages, files, data, property information, or other materials uploaded, submitted, transmitted, stored, or shared through the Platform.
"Electronic Signature" means any electronic process, method, or technology used through the Platform to indicate a person's intent to sign or approve a document electronically, including but not limited to OTP verification, electronic acknowledgements, and qualified electronic signatures where available.
"Lead" means information relating to a potential property owner, buyer, seller, landlord, tenant, investor, prospect, or business opportunity submitted, received, exchanged, or managed through the Platform.
"Mandate" means any authorization, instruction, agreement, representation right, listing agreement, brokerage agreement, or other legally valid right allowing a User to market, represent, manage, promote, or otherwise act in relation to a property under Applicable Law.
"Platform" means the Proksimo mobile applications, websites, software systems, communication tools, document management services, and all related features and services provided by Proksimo Solutions s.r.o.
"Premium Subscription" means any paid subscription plan offered by the Platform.
"Property" means any residential, commercial, industrial, land, investment, or other real estate asset represented, managed, marketed, listed, or otherwise handled through the Platform.
"Professional User" means a User acting in connection with professional activities in the real estate sector, including but not limited to real estate agents, brokers, agencies, property consultants, property managers, and other authorized professionals.
"Services" means all functionalities, tools, features, software components, integrations, and services made available through the Platform.
"Team" means a group of Users connected through the Platform for the purpose of collaboration, communication, business development, transaction management, lead management, or other professional activities.
"Transaction" means any sale, purchase, lease, rental, assignment, transfer, or other real estate-related transaction involving a Property.
"User" means any individual or legal entity that accesses, registers for, or uses the Platform.
3. Acceptance of the Terms
By creating an Account, accessing, or using the Platform, the User acknowledges that they have read, understood, and agree to be bound by these Terms and all related policies incorporated herein by reference.
The User may not access or use the Platform if they do not agree to these Terms.
The User acknowledges and agrees that these Terms constitute a legally binding agreement between the User and Proksimo Solutions s.r.o.
The User further acknowledges and agrees that the following documents form an integral part of these Terms and may be updated from time to time:
Privacy Policy;
Community & Professional Conduct Rules;
Platform Participation Rules;
Any additional policies, guidelines, notices, or rules published by the Platform.
The User is responsible for reviewing the applicable versions of such documents and complying with their requirements.
Where required by law or deemed necessary by the Platform, Users may be required to expressly accept updated versions of these Terms or related policies before continuing to use the Platform.
Continued access to or use of the Platform following the effective date of updated Terms or related policies shall constitute acceptance of such updates, except where Applicable Law requires a different form of consent.
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable under Applicable Law, the remaining provisions shall remain in full force and effect.
4. Registration and User Accounts
To access certain features of the Platform, a User must create and maintain an Account.
The User agrees to provide accurate, complete, and up-to-date information during registration and throughout the use of the Platform.
The User is responsible for maintaining the accuracy of the information associated with their Account and shall promptly update any information that becomes inaccurate, incomplete, or outdated.
The User is solely responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their Account.
The User shall not share, transfer, sell, rent, assign, or otherwise allow third parties to access or use their Account.
Each Account is personal to the registered User unless the Platform expressly permits otherwise.
The Platform reserves the right to request verification of identity, professional status, business affiliation, contact information, ownership of an Account, or any other information reasonably required to ensure the integrity, security, and proper operation of the Platform.
The User shall cooperate with any reasonable verification process initiated by the Platform.
The Platform may suspend, restrict, or terminate an Account where:
(a) information provided by the User is false, misleading, incomplete, or outdated;
(b) the User violates these Terms or any related policies;
(c) the Platform reasonably suspects fraud, unauthorized access, unlawful activity, abuse of the Platform, or conduct that may harm other Users or the Platform;
(d) such action is required to comply with Applicable Law or a lawful request from a competent authority.
The User remains responsible for all activities performed through their Account until the Platform receives notice of unauthorized access and has had a reasonable opportunity to take appropriate measures.
The creation of an Account does not guarantee access to all Platform features, services, subscription plans, or functionalities, which may vary depending on the User’s status, subscription level, country of operation, verification status, or other criteria determined by the Platform.
5. Eligibility and Professional Status
The Platform is intended for use by individuals and legal entities engaged in, or seeking to engage in, professional activities related to the real estate sector.
By creating an Account or using the Platform, the User represents and warrants that:
(a) the User is at least eighteen (18) years of age or has reached the minimum age required to enter into legally binding agreements under Applicable Law;
(b) the User has the legal capacity and authority to enter into these Terms;
(c) the User will comply with all Applicable Laws governing their activities and use of the Platform;
(d) the User will obtain and maintain any licenses, registrations, authorizations, certifications, permits, professional memberships, or other requirements necessary to conduct their activities under Applicable Law;
(e) the User will not use the Platform for any unlawful, fraudulent, deceptive, misleading, or unauthorized purpose.
Where a User acts on behalf of a legal entity, agency, partnership, organization, or other business, such User represents and warrants that they possess the authority necessary to bind that entity to these Terms.
The Platform does not verify, guarantee, certify, endorse, or monitor the professional qualifications, licenses, registrations, experience, reputation, or legal status of Users unless expressly stated otherwise.
Each User remains solely responsible for determining whether they are legally permitted to perform any activity conducted through or in connection with the Platform.
The Platform may request information or documentation relating to a User’s identity, professional status, business affiliation, authorizations, licenses, or legal capacity. Failure to provide such information may result in restrictions, suspension, or termination of access to the Platform.
Nothing in these Terms shall be interpreted as granting any User a professional qualification, license, authorization, certification, mandate, agency relationship, or legal right that does not otherwise exist under Applicable Law.
6. Platform Services
Proksimo provides a digital technology platform designed to support professional activities within the real estate sector.
The Platform may offer tools and functionalities including, but not limited to:
(a) property management and organization tools;
(b) client, contact, and lead management tools;
(c) communication and messaging services;
(d) document storage, exchange, and management tools;
(e) electronic document execution and signature tools;
(f) collaboration and team management functionalities;
(g) calendar, task management, and business organization tools;
(h) data analysis, reporting, and productivity tools;
(i) integrations with third-party services and systems;
(j) other features, functionalities, and services made available by the Platform from time to time.
The Platform continuously evolves and the Company may add, modify, suspend, replace, restrict, or discontinue any feature, functionality, integration, or service at its sole discretion.
The Platform is provided as a technology service and does not act as:
(a) a real estate agency;
(b) a real estate broker;
(c) a property owner representative;
(d) a legal advisor;
(e) a financial advisor;
(f) a tax advisor;
(g) a notary;
(h) an escrow service provider;
(i) an insurance provider;
(j) a party to any transaction conducted between Users.
The Company does not participate in negotiations, determine contractual terms, verify property ownership, verify mandates, verify commission arrangements, verify legal rights relating to properties, or otherwise supervise transactions conducted between Users.
The Company does not guarantee the accuracy, completeness, legality, quality, reliability, availability, suitability, or commercial value of any property, lead, document, content, communication, transaction opportunity, or information exchanged through the Platform.
Users remain solely responsible for all business, commercial, legal, financial, professional, and contractual decisions made through or in connection with the Platform.
Any information, tools, calculations, estimates, analytics, recommendations, translations, automated outputs, or other assistance provided through the Platform are supplied for informational and operational purposes only and shall not be considered legal, financial, tax, investment, valuation, or professional advice.
The availability of specific Platform features may depend on the User's subscription level, country of operation, verification status, technical compatibility, regulatory requirements, or other criteria determined by the Company.
7. Subscription Plans and Payments
The Platform may offer free and paid subscription plans, including Premium Subscription plans and any other plans made available by the Company from time to time.
The features, functionalities, limitations, pricing, usage allowances, and availability of each subscription plan shall be determined by the Company and may be modified in accordance with these Terms.
Certain features, services, tools, integrations, storage capacities, communication functionalities, or other Platform capabilities may be available only to Users holding an active paid subscription.
Subscription fees, billing periods, payment methods, and applicable taxes shall be communicated to the User at the time of purchase or renewal.
Unless otherwise stated, subscription fees are non-refundable and payable in advance.
Where automatic renewal is offered, the User authorizes the Platform or the applicable payment provider to automatically renew the subscription and charge the applicable fees using the payment method associated with the User's Account.
The User may cancel a subscription at any time through the Platform or through the applicable application marketplace or payment provider, subject to the terms and procedures of such marketplace or provider.
Cancellation of a subscription shall not affect fees already paid or accrued prior to the effective date of cancellation unless otherwise required by Applicable Law.
The Company reserves the right to modify subscription plans, pricing structures, features, billing cycles, or payment conditions at any time. Any such modifications shall apply prospectively and shall be communicated to Users where required by Applicable Law.
Failure to pay applicable fees may result in the suspension, restriction, downgrade, or termination of access to paid features or services.
The Company may offer promotional plans, trial periods, discounts, referral incentives, or other special programs. Such offers may be subject to additional terms, eligibility requirements, limitations, expiration dates, or withdrawal at the Company's discretion.
The Company reserves the right to refuse, suspend, cancel, or reverse any promotional offer where fraud, abuse, manipulation, technical error, or violation of these Terms is reasonably suspected.
Payments processed through third-party payment providers, application marketplaces, banking institutions, or other payment services may be subject to the terms, conditions, policies, fees, and procedures of such third parties.
Nothing in these Terms guarantees the continued availability of any specific subscription plan, pricing structure, promotional offer, feature, or service.
8. Realtor Obligations
In addition to all other obligations set forth in these Terms, each Professional User agrees to act honestly, professionally, transparently, and in accordance with Applicable Law when using the Platform.
Professional Users are solely responsible for the accuracy, legality, completeness, and legitimacy of all information, properties, documents, mandates, communications, transactions, and other activities conducted through the Platform.
8.1 Valid Mandate Requirement
A Professional User may upload, publish, manage, market, share, promote, or otherwise represent a Property through the Platform only where the User possesses a valid Mandate or other legally sufficient authorization permitting such activity under Applicable Law.
The Professional User is solely responsible for obtaining, maintaining, and complying with all requirements associated with such Mandate or authorization.
The Platform may request evidence of a Mandate or authorization at any time. Failure to provide such evidence may result in the restriction, suspension, removal, or termination of access to the relevant Property or Account.
8.2 Accuracy of Property Information
Professional Users shall ensure that all information relating to Properties is accurate, complete, current, and not misleading.
Users shall promptly update, correct, or remove information that becomes inaccurate, outdated, incomplete, misleading, unavailable, or no longer valid.
8.3 Accuracy of Commission Information
Where the Platform allows the declaration, display, calculation, sharing, or management of commissions, fees, compensation, or remuneration, the Professional User shall provide accurate information reflecting the commission or compensation arrangements applicable to the relevant Property or Transaction.
Professional Users shall not knowingly provide false, misleading, manipulated, concealed, or inaccurate commission information.
8.4 Transaction Reporting Obligation
Where required by the Platform or applicable Platform rules, Professional Users shall accurately report the status, progress, completion, cancellation, or outcome of Transactions conducted through or in connection with the Platform.
Professional Users shall not intentionally conceal, misrepresent, manipulate, or fail to report Transactions where such reporting is required under Platform rules.
8.5 Duty of Transparency and Cooperation
Professional Users shall act in good faith when interacting with other Users through the Platform.
Users shall not engage in conduct intended to circumvent Platform rules, conceal material information, undermine the rights of other Users, interfere with legitimate business relationships, or obtain unfair advantages through deceptive practices.
8.6 Compliance with Applicable Laws
Professional Users remain solely responsible for ensuring that their activities comply with all Applicable Laws, licensing requirements, professional obligations, consumer protection requirements, data protection obligations, anti-money laundering requirements, advertising restrictions, and other legal obligations applicable to their activities.
8.7 Account and Data Accuracy
Professional Users shall maintain accurate and up-to-date information regarding their identity, professional status, business affiliation, contact information, and other information associated with their Account.
Users shall promptly update such information whenever changes occur.
Failure to comply with the obligations contained in this Section may result in warnings, restrictions, suspension, termination of access to the Platform, removal of Content, or any other measures deemed appropriate by the Company.
9. Teams and Collaboration
The Platform may allow Users to create, join, manage, or participate in Teams and other collaborative structures designed to facilitate professional cooperation, communication, business development, lead management, transaction management, knowledge sharing, and other business activities.
Participation in any Team is voluntary and remains subject to these Terms and all applicable Platform rules.
Users remain solely responsible for their own actions, communications, decisions, transactions, obligations, and activities conducted within or in connection with any Team.
The creation of a Team, membership in a Team, or participation in collaborative activities through the Platform shall not, by itself, create any partnership, joint venture, employment relationship, agency relationship, fiduciary relationship, franchise relationship, or other legal relationship between Users, between Users and the Platform, or between Teams and the Platform.
Users shall not use Teams for unlawful activities, fraudulent conduct, misleading practices, harassment, spam, unauthorized solicitation, circumvention of Platform rules, or any activity prohibited by these Terms or Applicable Law.
The Platform may provide Team administrators or designated Users with certain management, communication, moderation, organizational, reporting, or access-control functionalities. The Platform does not guarantee that such functionalities will prevent disputes, misconduct, unauthorized actions, data loss, or misuse by Team members.
The Platform reserves the right to restrict, suspend, dissolve, remove, or otherwise intervene in any Team where it reasonably determines that such action is necessary to protect the Platform, Users, legal compliance, security, operational integrity, or the rights of third parties.
The Platform does not guarantee the quality, reliability, competence, honesty, availability, performance, business results, professional qualifications, or conduct of any Team or Team member.
Users are solely responsible for conducting their own due diligence before entering into business relationships, collaborations, transactions, agreements, or other professional arrangements with other Users.
Any agreements, commitments, obligations, compensation arrangements, commission-sharing arrangements, or other relationships established between Users remain solely the responsibility of the parties involved unless expressly provided otherwise by the Platform.
10. Leads and Referrals
The Platform may enable Users to create, receive, exchange, manage, track, organize, or otherwise interact with Leads and referral opportunities.
Users acknowledge that Leads may originate from various sources, including other Users, business contacts, public information, marketing activities, professional networks, integrations, referrals, or other lawful sources.
The Platform does not guarantee the accuracy, completeness, quality, exclusivity, legality, availability, conversion potential, commercial value, or business outcome of any Lead.
Users remain solely responsible for conducting their own verification, due diligence, and independent assessment before relying upon any Lead or referral opportunity.
The existence of a Lead within the Platform does not constitute a representation or warranty that a transaction will occur, that a property exists, that a client is willing to engage, or that any commercial opportunity will result.
Users shall not knowingly submit false, misleading, duplicated, manipulated, fraudulent, or unauthorized Leads.
Users shall not intentionally interfere with, manipulate, misappropriate, conceal, or misuse Leads in violation of Platform rules, agreements between Users, or Applicable Law.
Where the Platform provides Lead tracking, status management, reporting, attribution, referral tracking, or similar functionalities, Users shall provide accurate information and shall not intentionally manipulate such records.
The Platform may maintain records relating to the creation, transmission, receipt, modification, attribution, ownership history, status changes, communication history, and other events associated with Leads for operational, security, compliance, dispute resolution, audit, or business purposes.
The Platform reserves the right to investigate disputes concerning Leads, referral activities, attribution records, ownership claims, status changes, or related matters and may take appropriate measures to preserve the integrity of the Platform.
Nothing in these Terms shall be interpreted as granting ownership rights over any Lead except as expressly provided by applicable agreements, Platform rules, or Applicable Law.
The Platform is not responsible for disputes arising between Users concerning Leads, referrals, commissions, business opportunities, client relationships, or transactions unless expressly required by Applicable Law.
11. Electronic Documents and Signatures
The Platform may provide tools and functionalities enabling the creation, storage, transmission, management, execution, acknowledgment, verification, or exchange of electronic documents.
By using such functionalities, the User agrees to conduct business electronically and acknowledges that electronic documents may have legal effect under Applicable Law.
The User agrees that electronic records, electronic communications, electronic acknowledgments, electronic approvals, OTP verifications, electronic signatures, qualified electronic signatures, and other electronic methods made available through the Platform may be used as evidence of intent, consent, approval, authorization, acknowledgment, acceptance, or execution of documents.
The legal validity, enforceability, and evidential value of any electronic document or electronic signature shall be determined in accordance with Applicable Law.
Users remain solely responsible for verifying whether a particular document, transaction, authorization, mandate, declaration, agreement, notice, or legal act may be validly executed through electronic means within the relevant jurisdiction.
The Platform does not provide legal advice regarding the legal effect, validity, enforceability, admissibility, regulatory compliance, or suitability of any electronic document or signature.
The User is responsible for ensuring that all information submitted in connection with electronic documents is accurate, complete, and lawful.
The Platform may maintain logs, timestamps, audit trails, authentication records, access records, verification records, communication records, and other technical evidence relating to electronic documents and signatures for operational, compliance, security, evidentiary, or dispute-resolution purposes.
The Platform reserves the right to determine which electronic signature methods, authentication procedures, verification mechanisms, or document execution processes are available for particular services, jurisdictions, document types, subscription plans, or Users.
The Platform does not guarantee that electronic documents executed through the Platform will be recognized, accepted, enforceable, or legally effective in every jurisdiction or for every purpose.
Users remain solely responsible for obtaining legal advice where necessary regarding the use, execution, storage, retention, or enforceability of electronic documents and signatures.
12. User Content
Users may upload, submit, create, store, exchange, publish, transmit, or otherwise make available Content through the Platform.
The User retains ownership of all rights, title, and interests in and to their Content, except to the extent otherwise provided by Applicable Law or by agreements entered into by the User.
By uploading, submitting, storing, transmitting, publishing, exchanging, or otherwise making Content available through the Platform, the User grants the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, process, reproduce, display, transmit, analyze, index, convert, organize, distribute, and otherwise use such Content solely for the purposes of operating, maintaining, securing, improving, supporting, developing, and providing the Platform and its Services.
The license granted under this Section shall remain in effect for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, maintain security, preserve backup systems, or satisfy legitimate business and operational requirements.
The User represents and warrants that:
(a) the User owns the Content or possesses all rights, permissions, licenses, authorizations, and legal grounds necessary to use and make the Content available through the Platform;
(b) the Content does not violate Applicable Law;
(c) the Content does not infringe the intellectual property rights, privacy rights, contractual rights, publicity rights, or other rights of any third party;
(d) the Content is not fraudulent, misleading, deceptive, unlawful, defamatory, abusive, malicious, harmful, or otherwise prohibited by these Terms.
The User remains solely responsible for all Content uploaded, submitted, stored, exchanged, transmitted, published, or otherwise made available through the Platform.
The Platform does not routinely review, verify, endorse, guarantee, monitor, or approve User Content and assumes no responsibility for its accuracy, completeness, legality, reliability, or suitability.
The Company reserves the right, but not the obligation, to review, restrict, remove, disable access to, preserve, disclose, or otherwise manage any Content where the Company reasonably determines that such action is necessary to:
(a) comply with Applicable Law;
(b) enforce these Terms or other Platform policies;
(c) protect Users, third parties, or the Platform;
(d) investigate complaints, disputes, fraud, abuse, or security incidents;
(e) maintain the integrity, security, and proper functioning of the Platform.
The User acknowledges that the Platform may store, process, replicate, back up, archive, and technically modify Content as necessary for operational, security, compatibility, maintenance, disaster recovery, and service-delivery purposes.
Nothing in these Terms obligates the Company to preserve, store, maintain, recover, or provide access to any specific Content for any particular period unless required by Applicable Law.
13. Intellectual Property Rights
The Platform, including all software, source code, object code, databases, user interfaces, visual designs, layouts, graphics, icons, logos, trademarks, service marks, trade names, documentation, workflows, features, functionalities, text, content provided by the Company, and all related intellectual property rights are and shall remain the exclusive property of Proksimo Solutions s.r.o. and its licensors, where applicable.
Except as expressly permitted under these Terms, no rights, licenses, ownership interests, or intellectual property rights are granted to any User.
Users shall not, directly or indirectly:
(a) copy, reproduce, distribute, publish, sell, license, lease, sublicense, assign, transfer, or commercially exploit any part of the Platform;
(b) modify, adapt, translate, create derivative works from, decompile, disassemble, reverse engineer, attempt to extract source code from, or otherwise seek to discover the underlying structure of the Platform, except where such restriction is prohibited by Applicable Law;
(c) remove, alter, obscure, or modify any copyright notice, trademark notice, proprietary notice, branding element, or other identification associated with the Platform;
(d) use the Platform, its content, databases, or functionalities to build, support, train, improve, or develop a competing product, service, platform, database, or business;
(e) access or use the Platform through automated means for the purpose of extracting, harvesting, scraping, copying, collecting, or compiling data, except where expressly authorized by the Company.
The names "Proksimo", related logos, branding elements, trademarks, service marks, slogans, product names, and other identifiers associated with the Platform are protected by applicable intellectual property laws and may not be used without prior written authorization from the Company.
Users may provide suggestions, comments, ideas, recommendations, feedback, enhancement requests, or other contributions regarding the Platform ("Feedback").
The User acknowledges and agrees that the Company may freely use, modify, implement, commercialize, distribute, incorporate, or otherwise exploit any Feedback without restriction and without any obligation to provide compensation, attribution, ownership rights, royalties, or other consideration to the User.
Nothing in these Terms shall be interpreted as transferring ownership of any intellectual property rights belonging to the Company.
All rights not expressly granted under these Terms are reserved by the Company.
14. Confidentiality
Users acknowledge that, through the Platform, they may obtain access to information that is confidential, commercially valuable, proprietary, personal, sensitive, or otherwise not publicly available.
Such information may include, without limitation:
(a) property-related information;
(b) client information;
(c) lead information;
(d) transaction-related information;
(e) mandates and authorizations;
(f) business strategies and commercial opportunities;
(g) documents and communications exchanged through the Platform;
(h) personal data;
(i) information designated as confidential by another User or by the Platform.
Users agree to maintain the confidentiality of such information and to use it solely for legitimate business purposes related to activities conducted through the Platform.
Users shall not disclose, distribute, publish, transfer, sell, license, share, reproduce, exploit, or otherwise make confidential information available to any third party unless:
(a) the information has become publicly available through lawful means;
(b) disclosure is required by Applicable Law or by a competent authority;
(c) the disclosure is authorized by the person or entity entitled to control such information.
Users shall implement reasonable measures to protect confidential information against unauthorized access, disclosure, misuse, loss, theft, alteration, or destruction.
Information obtained through the Platform shall not be used to circumvent Platform rules, interfere with business relationships, unfairly compete with other Users, solicit clients in bad faith, or obtain unauthorized commercial advantages.
The confidentiality obligations contained in this Section shall survive the suspension, termination, expiration, deletion, or closure of an Account and shall continue for as long as the relevant information remains confidential under Applicable Law or applicable contractual obligations.
The Company may access, process, preserve, disclose, or otherwise handle information where reasonably necessary to:
(a) comply with Applicable Law;
(b) enforce these Terms or Platform policies;
(c) investigate complaints, disputes, fraud, abuse, or security incidents;
(d) protect Users, third parties, or the Platform;
(e) maintain the security, integrity, and operation of the Platform.
Nothing in this Section shall limit the Company's rights and obligations under the Privacy Policy, Applicable Law, or any other applicable legal requirement.
15. Prohibited Activities
Users shall not use the Platform in any manner that is unlawful, fraudulent, harmful, abusive, deceptive, unethical, or inconsistent with the intended purpose of the Platform.
Without limitation, Users shall not:
(a) provide false, inaccurate, misleading, manipulated, or fraudulent information;
(b) create, upload, publish, manage, promote, or represent Properties without possessing a valid Mandate or other legally sufficient authorization where required under Applicable Law;
(c) submit forged, altered, fabricated, invalid, misleading, or unauthorized documents;
(d) impersonate another person, agency, organization, or entity;
(e) misrepresent their identity, professional status, qualifications, authorizations, affiliations, licenses, experience, or authority;
(f) intentionally conceal, manipulate, misreport, or falsify information relating to Leads, Properties, Transactions, commissions, mandates, referrals, or other Platform activities;
(g) use the Platform to facilitate fraud, deception, money laundering, corruption, bribery, or other unlawful activities;
(h) interfere with, disrupt, damage, disable, overload, compromise, or otherwise negatively affect the Platform or its infrastructure;
(i) attempt to gain unauthorized access to Accounts, systems, databases, services, networks, or information;
(j) distribute malware, viruses, malicious code, harmful software, or other technologies intended to disrupt or compromise the Platform or third parties;
(k) scrape, harvest, extract, collect, copy, monitor, or compile Platform data through automated or unauthorized means;
(l) send spam, unsolicited communications, mass messages, or unauthorized commercial communications;
(m) use the Platform to harass, threaten, intimidate, abuse, defame, discriminate against, or otherwise harm other Users or third parties;
(n) publish, transmit, store, or distribute content that is unlawful, defamatory, offensive, abusive, hateful, discriminatory, violent, obscene, or otherwise inappropriate;
(o) disclose confidential information, personal data, or proprietary information without proper authorization;
(p) circumvent, attempt to circumvent, or assist others in circumventing Platform rules, subscription restrictions, security measures, verification procedures, payment obligations, or other controls implemented by the Platform;
(q) use the Platform in a manner that infringes intellectual property rights, privacy rights, contractual rights, or other rights of third parties;
(r) engage in any conduct that may damage the reputation, integrity, security, operation, business interests, or legitimate activities of the Platform.
The Company reserves the right to determine, in its reasonable discretion, whether particular conduct violates these Terms, Platform rules, Applicable Law, or the legitimate interests of the Platform and its Users.
Any violation of this Section may result in warnings, content removal, feature restrictions, temporary suspension, permanent termination of access, legal action, reporting to competent authorities, or any other measures deemed appropriate by the Company.
16. Monitoring and Enforcement
To protect the integrity, security, reliability, and lawful operation of the Platform, the Company reserves the right to monitor, review, investigate, verify, audit, or otherwise assess activities conducted through the Platform.
Such activities may include, without limitation:
(a) Account information;
(b) Property information;
(c) Leads and referral activities;
(d) Transaction-related information;
(e) uploaded documents;
(f) communications conducted through Platform services;
(g) subscription activities;
(h) reports, complaints, disputes, and abuse claims;
(i) compliance with these Terms, Platform policies, and Applicable Law.
The Company may use manual reviews, automated systems, artificial intelligence systems, fraud-detection mechanisms, security tools, monitoring technologies, verification procedures, or other reasonable methods to identify violations, abuse, security risks, fraud, or unlawful activities.
Users agree to cooperate with reasonable requests for information, clarification, documentation, verification, or evidence necessary for the investigation of suspected violations or the protection of the Platform and its Users.
Where the Company reasonably believes that a violation has occurred or may occur, the Company may, without prior notice where appropriate:
(a) issue warnings;
(b) request additional information or documentation;
(c) remove or restrict access to Content;
(d) restrict specific Platform functionalities;
(e) suspend or terminate Accounts;
(f) reject, reverse, cancel, or invalidate certain Platform actions;
(g) preserve records and evidence;
(h) report activities to competent authorities where required or permitted by Applicable Law;
(i) take any other reasonable action necessary to protect the Platform, Users, third parties, or legal compliance.
The Company is not obligated to investigate every complaint, dispute, report, or suspected violation and does not guarantee any specific outcome following an investigation.
Users acknowledge that the Company may retain records, logs, audit trails, communication metadata, authentication records, transaction records, verification records, and other information reasonably necessary for security, compliance, dispute resolution, operational integrity, or legal purposes.
Nothing in this Section shall obligate the Company to actively monitor all User activities, communications, Content, Properties, Transactions, Leads, or documents at all times.
The Company's failure to investigate, enforce, detect, prevent, or respond to a particular violation shall not constitute a waiver of its rights under these Terms.
17. Suspension and Termination
The Company may, at its sole discretion and without liability, suspend, restrict, limit, deactivate, terminate, or otherwise discontinue a User's access to the Platform, in whole or in part, where it reasonably determines that such action is necessary to protect the Platform, its Users, third parties, legal compliance, operational integrity, or legitimate business interests.
Without limitation, the Company may take such action where:
(a) the User violates these Terms, Platform policies, or Applicable Law;
(b) the User provides false, misleading, inaccurate, incomplete, fraudulent, or outdated information;
(c) the User engages in fraud, abuse, misconduct, unauthorized activities, or activities that may harm the Platform or other Users;
(d) the User fails to comply with verification, authentication, documentation, or information requests reasonably required by the Company;
(e) the User fails to pay applicable subscription fees or other amounts due;
(f) the Company reasonably suspects unlawful activity, security risks, unauthorized access, account compromise, identity misuse, or other conduct requiring intervention;
(g) the Company is required to do so by Applicable Law, regulatory authorities, judicial authorities, governmental authorities, or competent institutions.
Users may terminate their Account at any time in accordance with the procedures made available by the Platform.
Termination, suspension, restriction, or closure of an Account shall not relieve the User of any obligations, liabilities, payment obligations, confidentiality obligations, legal responsibilities, or other commitments that arose prior to such termination.
The Company may retain information, records, documents, logs, audit trails, communications, transaction records, account information, and other data following suspension or termination where reasonably necessary for legal compliance, dispute resolution, security, fraud prevention, enforcement of agreements, operational requirements, or other legitimate purposes.
The Company shall not be liable for any loss of business opportunities, transactions, relationships, commissions, profits, revenues, data, goodwill, or other consequences resulting from the suspension, restriction, or termination of access to the Platform.
Where technically feasible and legally permitted, the Company may provide Users with a reasonable opportunity to export certain information prior to permanent Account closure. The Company does not guarantee the availability, completeness, format, or recoverability of such information.
Certain provisions of these Terms, including but not limited to provisions relating to intellectual property, confidentiality, liability limitations, indemnification, dispute resolution, and other provisions intended by their nature to survive termination, shall remain in effect following the suspension, termination, expiration, or closure of an Account.
18. Disclaimers and Limitation of Liability
The Platform and all Services are provided on an "as is" and "as available" basis to the maximum extent permitted by Applicable Law.
The Company makes no representations, warranties, guarantees, or commitments, whether express, implied, statutory, or otherwise, regarding the Platform, Services, Content, Properties, Leads, communications, transactions, integrations, documents, electronic signatures, or any other aspect of the Platform.
Without limitation, the Company does not warrant that:
(a) the Platform will be uninterrupted, error-free, secure, or continuously available;
(b) the Platform will meet the User's expectations, requirements, or business objectives;
(c) any Lead will result in a transaction, client relationship, business opportunity, revenue, or profit;
(d) any Property information, document, communication, mandate, transaction, or Content will be accurate, complete, lawful, reliable, or suitable for a particular purpose;
(e) any electronic document or electronic signature will be legally recognized or enforceable in a particular jurisdiction;
(f) any defect, error, vulnerability, interruption, or malfunction will be corrected within a specific period of time.
The User acknowledges that all business, commercial, legal, financial, contractual, and professional decisions made through or in connection with the Platform are made solely at the User's own risk.
To the maximum extent permitted by Applicable Law, the Company shall not be liable for any:
(a) loss of profits;
(b) loss of commissions;
(c) loss of revenue;
(d) loss of business opportunities;
(e) loss of transactions;
(f) loss of clients;
(g) loss of goodwill;
(h) loss of data;
(i) business interruption;
(j) indirect, incidental, consequential, special, exemplary, or punitive damages;
(k) any other commercial or economic losses arising out of or related to the use of the Platform.
The Company shall not be liable for the conduct, actions, omissions, representations, statements, services, transactions, communications, agreements, documents, content, or activities of Users or third parties.
The Company shall not be liable for disputes arising between Users, including disputes relating to Properties, Leads, referrals, commissions, mandates, transactions, payments, professional relationships, client relationships, business opportunities, or contractual arrangements.
To the maximum extent permitted by Applicable Law, the total aggregate liability of the Company arising out of or relating to the Platform, Services, or these Terms shall not exceed the total amount actually paid by the User to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by Applicable Law, including liability for fraud, willful misconduct, or any liability that cannot be excluded under applicable consumer protection or other mandatory legal provisions.
19. Indemnification
The User agrees to defend, indemnify, and hold harmless the Company, its directors, officers, shareholders, employees, contractors, affiliates, partners, representatives, successors, and assigns from and against any claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, penalties, fines, losses, costs, and expenses, including reasonable legal and professional fees, arising out of or related to:
(a) the User's use of the Platform;
(b) the User's violation of these Terms, Platform policies, or Applicable Law;
(c) the User's Content, communications, documents, Properties, Leads, transactions, or activities conducted through the Platform;
(d) the User's violation of the rights of another User or third party;
(e) inaccurate, false, misleading, fraudulent, incomplete, or unauthorized information provided by the User;
(f) disputes relating to mandates, commissions, referrals, transactions, client relationships, business opportunities, property information, or other professional activities of the User;
(g) the User's negligence, misconduct, fraud, intentional wrongdoing, or unlawful conduct.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
In such circumstances, the User agrees to cooperate fully and reasonably with the Company in the defense, investigation, negotiation, settlement, or resolution of the relevant matter.
The User shall not settle any claim subject to indemnification without the prior written consent of the Company where such settlement imposes obligations, admissions, restrictions, liabilities, or other consequences upon the Company.
The indemnification obligations contained in this Section shall survive the suspension, termination, expiration, deletion, or closure of the User's Account and shall remain in effect to the fullest extent permitted by Applicable Law.
20. Changes to the Terms and Services
The Company continuously develops, improves, modifies, and updates the Platform and its Services.
Accordingly, the Company reserves the right, at any time and in its sole discretion, to add, modify, suspend, restrict, replace, discontinue, or remove any feature, functionality, integration, service, subscription plan, pricing structure, technical capability, or other aspect of the Platform.
The Company may also amend, revise, supplement, replace, or update these Terms and any related Platform policies from time to time.
Where required by Applicable Law, the Company shall provide reasonable notice of material changes before such changes become effective.
The most current version of these Terms shall be made available through the Platform or other appropriate communication channels designated by the Company.
The Company may require Users to expressly accept updated Terms or related policies before continuing to access certain features or Services.
Where Applicable Law permits, continued access to or use of the Platform following the effective date of updated Terms shall constitute acceptance of the revised Terms.
If a User does not agree with any modification to these Terms, the User must discontinue use of the Platform and may terminate their Account in accordance with these Terms.
The Company shall not be liable for any loss, inconvenience, business interruption, reduced functionality, incompatibility, or other consequences resulting from modifications, updates, enhancements, restrictions, or discontinuation of any part of the Platform or Services.
Nothing in these Terms shall be interpreted as creating an obligation for the Company to maintain, support, develop, continue, or make available any particular feature, functionality, service, integration, subscription plan, or technical capability for any specific period of time.
21. Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with these Terms, the Platform, or the Services shall be governed by and construed in accordance with the laws of the Czech Republic, excluding its conflict of law rules.
Any dispute, claim, controversy, or legal proceeding arising out of or relating to these Terms, the Platform, the Services, or the relationship between the User and the Company shall be subject to the exclusive jurisdiction of the competent courts of the Czech Republic, unless Applicable Law provides otherwise.
Nothing in these Terms shall limit, exclude, or restrict any mandatory rights, remedies, protections, or legal provisions that may apply to a User under Applicable Law and that cannot be waived by agreement.
Where any provision of this Section is determined to be invalid, unenforceable, or inconsistent with mandatory legal requirements, such provision shall be interpreted and applied to the maximum extent permitted by Applicable Law, while the remaining provisions shall remain in full force and effect.
The Company and the User agree to make reasonable efforts to resolve disputes amicably before commencing formal legal proceedings.
The failure of either party to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
22. Contact Information
If you have any questions regarding these Terms, the Platform, your Account, or any legal matter relating to the Services, you may contact the Company using the contact details provided below.
Proksimo Solutions s.r.o.
Registered Office:
Vlkova 532/8
Žižkov, 130 00 Prague 3
Czech Republic
Company Registration Number (IČ): 212 08 280
Email: contact@proksimo.eu
Website: www.proksimo.eu
The Company may update its contact information from time to time. The most current contact details shall be made available through the Platform or the Company's official website.
Official communications, notices, requests, complaints, legal inquiries, and other correspondence relating to these Terms may be submitted using the contact information provided above.
Electronic communications transmitted by the Company through the Platform, by email, or through other communication channels associated with a User's Account may constitute official communications relating to these Terms and the Services.