Please read these terms and conditions (hereinafter, the “Terms”) carefully before accessing and using this website, as they, together with any other documents mentioned herein, set out the terms on which You may make use of Our platform “BRAINS RE”, available on the URL <www.brainsre.com> (hereinafter, the “Platform”).
Any person that accesses, browses or uses the Platform shall comply with, and be bound by the Terms. Your use of the Platform implies Your express acceptance, without any reservations, of all terms contained herein, and shall be equally valid to any written and signed agreement. If You disagree with the expressed terms, please do not access, browse or use the Platform.
For the avoidance of doubt, the term “use” includes, but is not limited to, accessing, browsing, inputting information and registering to use the Platform. Any reference to “You” or “Your” means you as a user of the Platform, and any reference to “We”, “Us” or “Our” is to BRAINSRE S.L.
The Platform is owned and managed by BRAINSRE S.L and its purpose is to offer real estate information to its users. This allows Our clients to access Our services offered through the Platform, subject to execution of the relevant agreement. In this sense, You expressly acknowledge that this Platform is offered to You on a B2B (Business to Business) basis only, and may only be used for Your own professional or commercial activities.
For this purpose, prior to completing Your registration to use the Platform, You will be prompted to expressly accept these Terms and, thereafter, You will only be able to access the applications for the services that You have contracted. Your use of the Platform as a registered user will be bound by these Terms, or any modified version published by Us.
The current Terms regulate the access, browsing and use of the Platform, notwithstanding Our right to modify its presentation, settings and content, as well as the terms required for the mere access and/or use of the Platform. They shall be in effect from the time of their publication until their full or partial modification. From then on, the modified Terms will come into force.
In this sense, on occasion, particularly when necessary for technical reasons or business continuity, We may make changes to these Terms. The access and/or use of the Platform after these changes have been applied and/or published imply Your acceptance of the same. Nevertheless, We will notify You of any relevant changes that affect Your use of the Platform and/or the particular services that You have contracted, prior to their entry into force.
In any case, certain contents and/or services are subject to their own specific conditions, and may only be available if You have expressly entered into the relevant agreement with Us for the provision of those services or the availability of those contents. The specific conditions of those contents and/or services may replace, complete or, if necessary, modify these Terms as relevant and only as to Your use of such contents and/or services.
The landing page that serves as a point of access to the Platform is open to the general public. However, access to the Platform and its specific services further than the landing page requires registration and payment of the relevant fees. At the moment of Your registration to use the Platform, You shall fully accept and commit to comply with these Terms and any instructions or recommendations made available by Us from time to time on the Platform.
Access to, and use of, the services that We offer within the Platform requires registration and contracting any of such services. Access credentials upon registration will be provided by Us in the form of a Master User. You must be aware that Your first access to register in Our Platform is made in representation of Your company. To this end, You warrant and represent that You have sufficient capacity to bind Your company to these Terms and any other terms that may apply to Your use of Our Platform from time to time.
Once You have Your Master user credentials, You will be able to: (i) change the password that We have provided, and (ii) request as many users as You may require for Your personnel. You acknowledge and accept that, if You take part in the Free Trial as described in Section 7 of these Terms, Your user credentials will be those provided by Us for such Free Trial, therefore You will not need to request new access credentials when you acquire any of our licences.
Once registered, access to the Platform from the log-in screen acts as a single sign-on process which carries Your access credentials over to the relevant application when You try to access the latter, thus it is not necessary to input Your password upon accessing each application or tool available within the Platform.
You must treat Your access credentials as confidential and not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us at firstname.lastname@example.org or email@example.com.
We will not be liable for the accuracy or reliability of the data provided, thus each of You will be solely liable for any possible consequence, errors or failures related to the use of the provided data.
Passwords are confidential and non-transferable, and shall be valid for a term of three (3) months. It shall be generated by You following Our password security guidelines as available from time to time. In any case, We have the necessary functionalities allowing You to modify Your password when You deem necessary. You are not allowed to provide users for people outside of Your organisation.
You shall make diligent use of Your password and shall not make it available to any third party. You shall be responsible for keeping adequate custody of Your access credentials. You shall be liable for any illicit use of the Platform by any illegitimate third party who accesses the Platform using Your password. You, as Master User, will be liable for the actions taken by Your personnel in relation to the Platform.
All intellectual property rights over the Platform, the information and materials contained therein, including but not limited to, the Platform itself, texts, photographs or illustrations, logos, brands, graphs, designs, interfaces and any other information, content or services available through the Platform are owned by Us or have been licensed to Us accordingly by their corresponding owner.
Your use of the Platform and/or any of its contents, regardless of their type or form, shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of the mentioned intellectual property rights. You are granted a right to use the Platform and its contents and/or services only for Your business purposes of information and management of the services provided by Us, and in accordance with the Terms, together with any other documents referred to herein or applicable to any of such services available through the Platform.
References to brands or trade names or other distinguishing signs in the Platform carry the implicit prohibition regarding their use without Our consent or that of their lawful holder. Access, navigation and use of the Platform does not grant You any right over such brands or commercial names, including logos.
We expressly reserve all intellectual property rights over the Platform and its contents and services. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any media or form, in whole or in part, of the Platform or any of its content for any public or commercial purpose, except under Our prior, explicit and written authorization.
Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify Platform content right holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to the Platform.
In the event that You submit or send Us information of any kind through the Platform, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe intellectual property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant Us a licence to use the information provided through the Platform, as necessary in order to provide You the requested services and/or contents.
You acknowledge and accept that You will be liable for the information that You provide, including its accuracy, and shall hold Us harmless from any claim arising from the use of such information.
If You suspect or are informed about the existence of any illicit or illegal content, including content that could infringe intellectual property rights of third parties, please notify Us through the following e-mail address in order to ensure that We can take the appropriate measures: firstname.lastname@example.org.
Similarly, if You consider that the Platform infringes Your own intellectual property rights, or any other rights, please send Us an e-mail to the address indicated above, with the following information:
You acknowledge and accept that the main purpose of the Platform is to provide Our users with real estate information, as generated by Us or licensed to Us by its relevant owners (hereinafter, the “Information”), for Our users’ business purposes. You expressly acknowledge that, to the extent that obtaining and presenting the Information has entailed a substantial investment, this Information conforms a sui generis database further to applicable intellectual property regulations and, as such, We expressly prohibit the extraction and/or reuse of all or a substantial part of the Information, whether evaluated qualitatively or quantitatively.
In this sense, You may only access and use the Information under one of the licences offered by Us, as described below, and limited to Your professional activity.
You are aware that if You acquire any of the following licences, You must not take any action that is not expressly permitted for: (i) being contrary to the normal exploitation of the database; (ii) damaging Our legitimate interests, or (iii) damaging the intellectual property rights of third parties.
In any case, licences must be acquired for the specific number of users that You, as an organisation, consider necessary. To this end, once You select the type of licence that You want to acquire, You will be prompted to select the number of users that You need for Your personnel, considering that each user may only be assigned to one (1) person at a time.
We offer different types of licence depending on the use You want to make of the Information offered in the Platform:
Under this license, You will be using the Platform under the context of servicing third party real estate assets, advisory work for third party clients, managing your own investments or advisory work for any third party client to sell/rent one on one assets. This means that this license will allow You to: (a) use the Information for the day to day activity of managing/servicing different real estate assets, and (b) providing strategic advisory and providing/including this analysis in order to get mandates or to advise on an acquisition, lease or sale of and asset or portfolio of assets.
This license does not give access or rights to:
You will need the correct devices and connection to have access to the Platform and You will be responsible for any costs associated with Your Internet connection. Additionally, You will use any of the following devices and equipment to have access and use the Platform:
- Device with a minimum resolution of 1366*768 pixels. We cannot guarantee the correct visualization of the data in the Platform with smaller resolutions.
Supported web browser installed with the latest version available. We will try to fix any bug or issue related with the Platform visualization and experience only if it occurs in any of the supported browsers. The supported web browsers are:
- We may stop supporting any of the browsers at any time at our discretion. When a browser is no longer supported, we will stop fixing issues for it.
We are not responsible for Your failure to have access to or use the Platform due to an Internet overload or due to faults or problems related to devices, equipment and/or networks.
Notwithstanding any free trial period that We may offer, Your access and use of the Platform is subject to payment of the relevant subscription fee.
This subscription shall be payable in advance on a monthly or annual basis and its specific amount shall be calculated in application of the fees available in the Platform at any given time for each type of licence and depending on the amount of users that You request and the Information that You are interested in accessing.
You may consult these fees in the following link: https://www.brainsre.com/FeesAndCoverage. We will notify You if, during the Term of this agreement between You and Us, We modify the fees that are applicable to You. The modified fees will only be applicable to You from the next payment period but will not affect the then-current period.
Upon Your first access to the Platform following the Free Trial Period as described below, You will be prompted to either desist from acquiring any of Our licenses or make the first payment for the subscription that applies to You depending on the licence that You select and the number of users that You require. To this end, We may offer the following payment methods:
- Bank transfer, to the account number indicated by Us. Access to the Platform may be dependent on Our bank account being credited for the corresponding amount.
- Credit card, through a payment gateway made available on the Platform.
Please be informed that We use payment methods offered by third parties, which are governed by their own terms and conditions. We will not have access at any time during the registration and subscription process to any information regarding the means of payment You have chosen. Therefore, We cannot be held responsible for any fraudulent or improper use of these payment details by third parties. Additionally, in case of payment methods may not work or may not be accessible for reasons beyond our control, We will not be responsible for such inconvenience. Please, if this happens to you, inform us as soon as possible to offer you a solution.
In the event that, at any time during Your subscription period, Your chosen payment method has insufficient funds and the relevant payment cannot be processed, We shall be entitled to suspend access to Your account. Access to the account will be resumed only once We have been able to verify that the payment has been correctly processed. The corresponding subscription fee will not be prorated for the days on which the payment has not been made, and the payment schedule will be maintained. In the event of non-payment, We shall be entitled to charge You interest for late payment in accordance with the applicable law.
We may, at Our discretion, offer users the possibility to try the Platform for free for a fixed period of time (hereinafter, the “Free Trial Period”) on terms and conditions specified in connection with the offer. This Free Trial shall be governed by these Terms, which shall be interpreted in consideration of the characteristics of the Free Trial. In any case, provisions relating to payment and types of licence shall not be applicable during the Free Trial Period.
In this sense, upon registration to use the Platform, You will be granted a seven (7) day Free Trial to try our services, during which You will have access to the Platform, free of charge, limited to a maximum of three (3) users. You acknowledge and accept that, during this Free Trial, You will not have access to Our full database, in consideration that the Free Trial gives You access to a ‘demo’ as an opportunity to try the Platform as a preceding step to acquiring one of Our licences.
It is not compulsory to acquire one of Our licences once Your Free Trial has expired. However, use of the Platform is available on a subscription-only basis.
To this end, at any time during the Free Trial Period, You may acquire Your desired licence by accessing the relevant section of the Platform in order to make the relevant acquisition and inputting the required information. In any case, once the Free Trial Period has expired, upon Your next access to the Platform, You will be prompted to either: (i) desist from subscribing any of Our licences, in which case We will cancel Your account, or (ii) select one of Our licenses, the content that you may acquire and the number of users that You need (the number of users licensed will be three by default), and then in order to make the corresponding payment. In this case, notwithstanding the fact that We will not revoke or suspend Your account, You will not be able to access the Platform until You have obtained from Us the corresponding licence to use our services.
Information made available to You by Us on the Platform is categorised and offered to You for consultation through different verticals at Our discretion, as described in the following link: https://www.brainsre.com/FeesAndCoverage. We endeavour to offer quality services and, consequently, please be aware that We may make changes to the way in which We present this Information, including the categories of data offered, as we enrich Our database and receive user feedback regarding the Platform.
Additionally, please be informed that each vertical only offers information regarding the geographical area made available by Us on the Platform at any given time, as indicated in the above link. In this sense, the Information offered by Us on the Platform is updated by Us from time to time and We may, during the term of Your subscription, add more countries and cities to Our Platform as We gather more information and feed Our database.
We advise that You check the above link frequently to be aware of the contents offered by Us and to find out which countries or cities are available on Our Platform at the time.
In the event that the Platform displays hyperlinks to other websites by means of buttons, links, banners or embedded content, We inform You that, unless otherwise specified, these are managed and under the control of the relevant third parties. We have no control or means, whether technical or human, to monitor, control or approve the information, contents, or services provided by other platforms that may be linked to from the Platform.
Consequently, We cannot be held liable for any aspect of the linked website, including, but not limited to, its performance, access, data, information, quality, reliability of and services, any links available in the website and/or any of its contents in general.
In this respect, if You have factual knowledge that third parties are engaging in illegal or immoral activities through any of these websites, You should immediately notify Us in order to remove the relevant hyperlink from the Platform.
In any case, the establishment of any kind of hyperlink in the Platform to another website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third party website.
We do not allow linking to the Platform from websites that include content or information that is in any way illicit, illegal, degrading or obscene, or that in general contravene the law, morality public order or generally accepted social standards.
We have no control nor human or technical resources to access or approve the information, contents, and services provided by other websites that may establish links to Our Platform. We shall not be liable for any aspect related to the website that contains the link, including, but not limited to, aspects relating to its operation, access, data, information, reliance and quality of its services, its own links and/or any of its contents in general. The existence of any links to the Platform does not imply any type of relationship, collaboration or dependency between Us and the owners of the third party website.
It is expressly forbidden to use or access the Platform for illegal or non-authorised purposes. In particular, the following actions are not allowed:
Failure to comply with any of the aforementioned obligations may entail the application of any measures that We deem necessary or merely convenient, without the obligation to compensate You for any damages which may arise as a result.
We expressly reserve the right to suspend, block, modify, restrict, or temporarily or permanently interrupt Your access, navigation and/or use of the Platform, with or without prior notice, if We notice that You are infringing any of the provisions detailed in the Terms or any other applicable terms.
We cannot warrant the reliability, usefulness and veracity of all the information, services and/or content available on the Platform, nor the usefulness or veracity of the documentation provided therein. As a consequence, We cannot warrant and shall not be liable for:
Particularly, We shall not be liable for, but not limited to, the circumstances listed below, nor the damages that may entail:
Additionally, We shall not be liable for:
Notwithstanding the above, We have adopted all necessary measures, within Our possibilities and state-of-the-art, to warrant the functioning of the Platform and to reduce system failures to a minimum, both from a technical perspective and the contents published on the Platform.
We cannot warrant the reliability, lawfulness and usefulness of the contents provided by third parties through the Platform. If You become aware of the existence of any content that is illegal, unlawful or which infringes third party rights, please notify Us immediately so that appropriate measures can be taken.
We shall not be liable for the veracity, integrity or out of date characteristics of the information published on the Platform from sources other than Us. This also applies to information contained in other platforms or websites that are linked to from the Platform. We shall not be liable for any damages that could be caused by the use of said information.
We shall not be liable for any delay or failure to comply with Our obligations under these Terms if the delay or failure arises from any cause that is beyond Our reasonable control, such as: force majeure, problems when accessing the Internet, technological problems beyond Our diligent and reasonable management, actions or omissions of third parties, amongst others. In all of the aforementioned cases, which are beyond Our control and due diligence, there will be no compensation for You for damages or losses, to the extent permitted by current legislations.
These Terms, which govern Your use of the Platform and the Information provided therein, shall enter into force between You and Us upon Your acceptance of the same at the moment of registration to access and use the Platform. They, or any modified version of the same at any point in time during the term of (a) the Free Trial Period, or (b) Your subscription, shall remain in force until: (i) You cancel Your subscription or desist from the Free Trial or acquiring one of Our licences, by notifying Us through any means of contact or notification made available by Us on the Platform, or (ii) We terminate or suspend Your account following any of the causes for termination described in these Terms.
Particularly, We may terminate this agreement upon:
Termination by Us shall in no case entitle You to receive compensation of any kind, save for in case of discontinuance of the Platform by Us, in which case we will reimburse the prorated subscription fees paid by You in advance for the then-current subscription period, considering the days remaining after termination.
In any case, upon termination of this agreement between You and Us, You shall cease using the Information and the services provided by Us on the Platform, and destroy any digital and/or physical copies thereof.
You represent that You shall treat as strictly confidential any and all data, documentation and information obtained as a result of these Conditions, including all business, financial, operational, technical and marketing information, and any other information of a secret or proprietary nature, or which must be treated as confidential, relating to Us, the Platform, this agreement or any third party (hereinafter, the “Confidential Information”).
You undertake not to reveal or disclose the Confidential Information to any other person or entity, and acknowledge that You are not entitled to reproduce, use, sell, licence, exhibit, publish or otherwise disclose it in any way without Our prior written consent.
The headings contained herein are merely informative and do not affect, qualify or encourage interpretation of the Terms. We may modify terms and conditions established herein, in whole or in part. The changes will be published on the Platform similarly to how these Terms are made available.
If You breach these Terms, We may suspend or restrict Your use of the Platform, and may even cancel Your assigned user automatically and without prior notice, and such actions shall not entitle You to any kind of compensation. We may inform and collaborate with the competent authorities if We detect any infringement of applicable law or if We suspect that You are committing any criminal offence.
Similarly, in the event that You breach these Terms and We take no action against You, We will not be considered to have waived Our rights in respect of Your breach and We shall still be entitled to use Our rights and remedies in any other situation where You breach the Terms.
Specific services available on the Platform may be acquired by You individually and shall be governed by their own terms and conditions, as available.
If any of the Terms is disallowed or found to be ineffective by a competent Court or regulator, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.
This Platform, including Your use of the same, and particularly these Terms shall be subject to and interpreted and enforced in accordance with Spanish law.
For all disputes, actions or claims that may arise regarding the interpretation and application of these Terms, You and We agree to submit to the jurisdiction of the Courts of the city of Madrid (Spain) with express and voluntary waiver to any other jurisdiction.