Witei Solutions SL establishes the following contract, which is concluded between:

The service provider, Witei Solutions SL, hereinafter referred to as ‘Witei’ or the ‘Entity’, limited company with CIF B87261434, with registered office at Calle Zurbano, 45, Planta 1, Madrid, Spain. and the client, hereinafter referred to as ‘Client’, legal or natural person acting on his own account for professional purposes, registered or resident in a Member State of the European Union. Together they are hereinafter referred to as the ‘parties’.

Warning

By using the services of Witei, the Customer accepts these terms of use and conditions of service and acknowledges having read, understood and accepted the contents of this contract.

Witei reserves the right to update these terms at any time, using the possible communication channels to notify users of its services.

The purpose of this contract is to define the relationship established between Witei and the Client for the provision of the Services:

The Services will be provided to the Client through the Users registered in the Client's account by a User Administrator of the same. The Administrator Users are the Account Holders, being able to carry out any type of registration, cancellation or modification of the account.

Witei does not carry out the direct management of the users registered in the Client's account, being the responsibility of the latter the registration, cancellation or modification of the Users and the permissions that enable the different levels of access to the Service.

The Client undertakes, through the Administrator Users, to inform the Users of these Terms and Conditions of Use.

Users undertake to use the services offered by Witei responsibly and in accordance with the provisions of these terms of use.

Each subscription made by the user defines usage limits covering data volumes or use of tools. The user is responsible for keeping his activity within these limits of use.

Users agree not to use the services offered by Witei for any purpose that may be considered illegal or limited by these terms. This includes but is not limited to the legislation in force in the country of the user's activity.

Witei may not be used for the storage or management of confidential, medical or personal data. Any detection by the user of an unacceptable use of the service must be reported to Witei as soon as possible.

Witei provides services to Clients whose professional activity is registered in EU member countries. Therefore, in order to contract any of the Services offered by Witei, it is a necessary requirement for the Client to be registered as a natural or legal person in one of these countries.

The Customer must comply with the requirements specified in this Agreement.

The Customer undertakes that the information provided to Witei for the Contracting of its Services is true and updated, which includes but is not limited to: Billing Data, Payment Data, Account Holder Administrator User Data and data of Users registered with Witei.

Witei undertakes to provide its services in exchange for the payment made by the Client. Payment shall always be made through the channels established by Witei for this purpose. The Customer undertakes not to provide any information about its payment methods through any other channel than the one established for this purpose.

Witei establishes a recurring subscription for its services. This subscription is renewed and paid automatically every 30 calendar days.

Valid payment methods

Rates

Witei offers different plans and prices for the subscription of the existing services. These plans and prices are reviewed monthly and are subject to updates and modifications necessary for the proper functioning of the Service.

The rates are informed to the Customer through his Subscription Area, accessible only to Admin Users of his Witei account.

The Customer is free to choose the plans that best suit his needs. The Customer may modify any of the contracted plans from his Subscription Area. The changes in the tariff shall be applied at the beginning of the next calendar cycle of 30 days established for the contracting of said Service.

The charges derived from the plans selected by the Customer for the contracting of the Services will be made automatically to the payment method indicated by the Customer in their Subscription Area. The Customer undertakes to ensure that said payment method is valid, that he/she is the holder thereof and that he/she has sufficient funds to pay the corresponding charges.

In the event that the Customer's payment method is erroneous, does not have sufficient funds for the payment of the Services or any other situation that prevents Witei from satisfying the payment of the Services provided, this shall result in the immediate termination of the services offered by Witei.

Blocking of the Customer's Account

Witei reserves the right to block the Client's Account in the event that the Client has breached this contract or it has been detected that such account poses a risk to the proper provision of services to other Witei Clients.

These risks may arise from, but are not limited to, the following:

The present contract has an indefinite duration. Its renewal will take place in the periods of 30 calendar days established by the recurrence of payment of the Client for each contracted Service.

Witei reserves the right to modify this contract at any time. Changes will be implemented in this document and notified to the Customer. It is provided that acceptance of the changes shall be determined by the Customer's continued use of the Service.

Witei reserves the right to transfer this contract to another Entity.

Termination by the Customer

The Customer may at any time request the termination of this contract. To do so, he/she must follow the instructions stipulated in the “Termination of the Witei account” area. The Customer is responsible for the creation of a backup copy prior to the deletion of data from his account, which is necessary for the termination of the contract.

The termination will take effect once the user has completed the procedure indicated in the area “Termination of the Witei account”. In the event of scheduled payments after the termination of the Contract, Witei undertakes to reimburse such amounts. In the same way, the Customer undertakes to request such refund through the Witei platform and not by means of a Refund via his Bank.

Witei reserves the right to terminate the Service Agreement immediately in the following situations.

In case of detecting that the Customer is using his account in a manner contrary to these terms:

Liability

The Entity shall be absolutely alien to the legal and commercial relations and to the eventual litigations that may arise between the Client and third parties.

The Entity's liability shall be limited to compensation for direct damage caused by the Entity itself, but never for indirect damage. The Entity's liability may not be required in the event of damage that may result from the use of the Services. Furthermore, the Entity may not be held liable for any damage resulting from the execution of legal and regulatory obligations incumbent upon the Client.

Force Majeure

The Parties shall not be held liable for any delay or non-performance that is associated with a case of force majeure. Witei establishes as a case of Force Majeure the impossibility of providing Services derived from causes external to the Entity, such as the failure of any of the external Service providers necessary for the correct operation of Witei or the incapacity of the human team necessary for the operation of Witei.

Both parties agree not to be held liable in case of Force Majeure, and to accept the termination of the contract.

Witei establishes a Service availability commitment that enables the Client to use the Services at any time. However, both for reasons of its own and for reasons beyond Witei's control, this availability may be affected. By way of information but not limitation, some scenarios that may temporarily or permanently affect the availability of the Services are reported below:

The Customer undertakes to make use of the services offered by Witei within the regulatory framework established by the European Union as well as any other legislation in force in its jurisdiction.

The Data Processor Agreement will be available for access and signature through the Subscription Area of the Customer's Witei account.

The Customer undertakes to sign and send the said contract to Witei at the time of commencement of use of any of the Services offered by Witei.

The control of the compliance of personal data with the applicable regulations in this regard is the responsibility of the Customer.

Witei establishes two ways of communication with the Client:

Witei does not establish a maximum response time, but undertakes to keep it as short as possible, taking into consideration the availability of personnel and technical availability for this purpose.

The Client undertakes to provide a written means for receiving and sending communications with the Entity.

The absence of a response from the Client by the indicated means may be considered sufficient for the termination of the Services contract.

Abuse of the customer service, unprofessional or rude communication, use of inappropriate vocabulary, verbal aggression, lack of respect or acts of a similar nature will be considered sufficient grounds for the suspension of the telephone customer service, extending to the suspension of all customer service and, ultimately, the immediate termination of the contract for the provision of services.

Witei establishes the e-mail address: [email protected] as a means of communication of complaints by the Client.

Witei's commitment to Customer satisfaction will always be the highest possible within the margins established by this Agreement.

The present contract, specific conditions established with the Customer, communications with users registered in the Customer's account and any other information exchanged between the Customer and Witei are confidential and must not be disclosed to third parties.

The present contract may not be transferred by the Customer to third parties. Witei does not permit the change of Account holder.

The nullity or invalidity of one or more terms of the Contract shall not affect the validity of the Contract or the other provisions thereof. Consequently, the Contract and the other provisions shall remain in force.

Witei reserves the right to modify any of the services provided to Customer. Such modifications, while intended to improve the Customer's experience, may also result from changes necessitated by technical or legal constraints.

The Customer may reserve the right to terminate the service contract in case of not being satisfied with the modifications made to the Service but may not hold the entity responsible for the replacement of the same.

Illegal, erroneous or malicious information

The Customer undertakes not to store or publish through Witei any information of an illegal nature or with a malicious purpose (to confuse or mislead potential consumers of the information).

Witei undertakes to investigate any notification received from third parties about erroneous information transmitted by the Customer. The verification of a possible action contrary to this contract will be sufficient reason for the immediate termination of the contract, not being necessary the communication to the CUSTOMER.

Collaboration, association or agreements between different companies

The use of Witei as a tool to facilitate collaboration between independent companies and, in particular, real estate agencies, including the development of any practice related to the establishment of agreements between companies is completely prohibited and will result in the immediate cancellation of all accounts involved in it. Witei maintains a maximum commitment to compliance with the Competition Law in general and in particular to the resolution issued by the National Commission of Markets and Competition in the file Proptech S/0003/20.

Practices that violate the agreements established with companies outside Witei.

The CUSTOMER agrees not to use Witei as a means to infringe contracts or conditions of use of third party services.

In particular, the change by the CUSTOMER of product references with the intention of altering the correct behavior of the gateways with the different advertising portals will be understood by WITEI as a bad practice and may lead to the automatic cancellation of the CUSTOMER's account without prior notice.