Terms of Service

1. Parties & acceptance

These Terms form a binding contract between AGUA EXCLUSIVE, S.L. (NIF B21931795), Avenida Bartolomé Vicente Ramón, 1, 1º, 1ª, 07800 Eivissa, Illes Balears, Spain (the “Provider”, “Farmhouse”, “we”) and you, the natural or legal person using the Service (the “User”, “you”). By using the Service you accept these Terms in full, together with the Privacy Policy. If you do not accept, stop using the Service.

2. Nature of the Service — what we are and what we are not

Farmhouse Sales is a software-as-a-service platform that brings together villa owners, buyers, verified sales agencies, and curated service partners — supporting the readiness checklist, sealed agency pitches, representation contracts, buyer offers, AI-assisted content generation, market comps capture, document management, and a vetted services directory.

We are NOT a real-estate agent, broker, intermediary, valuator, appraiser, surveyor, architect, lawyer, notary, tax adviser, mortgage broker, financial adviser, escrow agent, payment institution, translator, or any other regulated professional. We hold no real-estate licence in any jurisdiction and we do not represent any party to any sale.

Every sale, pitch, representation contract, offer, viewing, quotation, payment, valuation, mortgage decision, tax determination, deed and notarial act is a matter exclusively between the relevant Users (owners, buyers, agencies, service partners) and the licensed third-party professionals they engage. Farmhouse facilitates the workflow and stores the records; it is not a party to any of those acts and assumes no responsibility for their content, accuracy, legality, completion or consequences.

We may modify, add, suspend, deprecate or beta-release any feature at any time without notice. The Service is provided “as available” with no specific uptime, performance, accuracy or capacity commitment unless agreed separately in writing.

3. Eligibility

You confirm that you are at least 18, have legal capacity, can bind any entity you represent, and are not located in or a national of any jurisdiction subject to comprehensive sanctions by the EU, UN, US (OFAC) or UK. Agencies and service partners further confirm they hold every licence, permit and insurance required to provide their services in every jurisdiction in which they operate; we do not verify any such licence beyond what they upload, and our verification of an agency or partner is not an endorsement or recommendation.

4. Account & security

You are responsible for your registration details, your credentials, every action taken under your account, and for enabling any available multi-factor authentication. Multi-factor authentication is mandatory for administrative or financial-privilege accounts. Notify us within 24 hours at security@farmhouse.app of any suspected unauthorised access. We are not liable for any loss arising from your failure to comply with this clause.

Sign-up uses a deferred-password waitlist: we manually review every signup and only set up an authenticated account once you receive the approval email and pick a password via a single-use, time-limited link. The link is one-time use; do not share it. Approval is not a guarantee of continued access — we may suspend or terminate per clause 14.

5. User content

You retain all rights in the content you upload (“User Content”) — listings, photos, dossier documents, agency pitches, buyer offers, partner profiles, AI-tool inputs, reviews, messages to the Concierge, search profiles, buyer leads and CRM records, etc. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, process, back up, and (for the public marketplace surfaces you choose to publish to) display the User Content as necessary to provide the Service.

5.1 Representations on User Content.

You represent and warrant that: (a) you have all consents, authorisations and lawful bases needed for every upload (including personal data of third parties under the GDPR and Spanish Organic Law 3/2018, and image rights of any person visible in your photos); (b) the User Content does not infringe any intellectual-property, privacy, image or contractual right; (c) the User Content is accurate, complete and not misleading in any material respect (we do not verify or audit it); (d) the User Content contains no malware, exploit, or content designed to attack the Service or its AI processors (so-called prompt-injection); (e) where the User Content describes a property, you have legal authority to list it for sale and to publish the disclosed information. You remain solely responsible vis-à-vis any third party for every upload. We do not review, approve or verify User Content other than the verification we explicitly mark as such for agencies and service partners (and even then only to the limited extent stated in clause 9).

5.2 AI-tool outputs.

AI features (Concierge Chat, property intake, buyer intake, photo triage, marketing-kit generation, AI Studio renders, valuation ranges, pitch scoring and generation, offer evaluation, document parsing, document verification, proactive matching) produce advisory output only. Outputs may contain errors, hallucinations, mis-readings, omissions or fabrications. They are not professional advice and do not substitute for the judgement of a licensed real-estate agent, valuator, lawyer, notary, accountant, architect, surveyor, mortgage broker or other regulated professional, whose engagement remains your responsibility. You are solely responsible for reviewing every generated asset, field and recommendation before publishing, sharing, signing, sending or relying on it. Confidence indicators are heuristics, not guarantees. Daily caps may at any time limit or suspend any AI feature; a manual path is always available.

5.3 Sealed pitches and representation.

Pitches submitted by verified sales agencies are sealed: agencies cannot see each other’s terms. Selecting an agency creates a binding representation contract directly between you and that agency on the terms displayed; Farmhouse is not a party to that contract, does not advise on its terms, does not act as an intermediary, and does not collect, hold or distribute any commission. Buyer offers are routed through the listing’s representing agency; any negotiation, due diligence, contract drafting, deposit handling, notarial act and closing happens between you, the agency, the buyer and their licensed professionals.

5.4 Service partners.

Service partners listed in the directory are independent third parties. Any quote, scope, contract, payment or work product is between you and the partner. We do not employ, supervise, insure or indemnify partners, and we make no representation about their availability, pricing, quality or fitness for any purpose.

6. Acceptable use

You shall not, and shall not permit any team member or third party to:

• upload content that violates any law or third-party right;
• upload malware, exploits, or content designed to attack the Service or its AI processors;
• probe, reverse-engineer, scrape, train models against, or build a competing product from the Service;
• interfere with, overload, or circumvent any access-control, rate-limit, daily-cap or authorisation mechanism;
• share credentials, pool seats, or otherwise evade plan limits;
• impersonate another user or misrepresent verification status (e.g. claim to be a verified agency without having gone through review);
• use the buyer surfaces to enumerate or harvest seller details for use outside the Service;
• publish or transmit defamatory, deceptive, or knowingly false statements about any User, listing or transaction;
• use any AI output as a substitute for advice that requires a licensed professional in your jurisdiction.

We may, at our sole discretion and without prior notice, suspend or terminate accounts, remove content, or report conduct to authorities where we have a good-faith basis to believe this clause has been breached or that an account has been compromised.

7. No financial, legal, tax, mortgage or valuation advice

Nothing on the Service is an offer to sell or buy real estate, a recommendation to enter into any transaction, a valuation that may be relied on for tax, mortgage or accounting purposes, legal advice, tax advice, mortgage advice, or any other regulated advisory service. The AI Valuation Range, Pitch Score, Offer Evaluator, Match Explainer and any similar feature are informational heuristics built on incomplete data. You must obtain advice from a qualified, licensed professional before signing any contract, making any payment, or acting on any output of the Service.

8. Data protection roles

For your own account-holder data, we are the controller and process data under the Privacy Policy. For all other personal data you upload (buyer leads, viewing notes, third-party contacts, identity documents of counterparties), you are the controller and we are the processor. Where another User sees data you uploaded (e.g. an agency sees an offer’s buyer email), that User becomes a separate controller for their use of it, and we are not responsible for their processing.

9. Verification — scope and limits

We verify sales agencies and service partners manually based on documents you submit (licence, insurance, track-record references, IBAN certificate, VAT certificate), in some cases assisted by AI document-parsing or document-verification features whose outputs are advisory. Verification is a contractual statement that we have completed our review at a given time on the documents supplied; it is not a continuing guarantee of suitability, solvency, competence, performance, regulatory standing or absence of misconduct. Documents can become outdated, be revoked, or be falsified after submission. You should perform your own diligence (including verifying licences with the competent registry in your jurisdiction) before signing a representation contract or hiring a partner.

We do not handle commission settlement or escrow at this stage — the agency invoices the owner privately on the terms of the representation contract. Where Farmhouse Sales charges a listing or platform fee, the fee is disclosed in advance and is non-refundable except where mandatory law requires otherwise.

10. Fees

Fees on paid plans (when offered) are payable in advance and non-refundable except where mandatory law requires otherwise. Subscriptions auto-renew unless cancelled before the renewal date. Daily AI caps are part of the plan and not a service guarantee. We may suspend or terminate for overdue payments.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, with all faults and without warranty of any kind.

We expressly disclaim all warranties (express, implied, statutory or otherwise) including merchantability, fitness for purpose, accuracy, reliability, availability, security, uninterrupted operation, and non-infringement. We do not warrant that any output of the Service — including AI-generated copy, renders, translations, market comparables, valuation ranges, pitch scores, offer evaluations, match explanations, parsed document fields, verification recommendations, or any other automated or human-curated derivation — is correct, complete, current or fit for any decision. We do not warrant that any User (owner, buyer, agency, service partner) is creditworthy, honest, lawful, competent, or suitable for any transaction. We do not warrant that uploaded files are free of malware. You alone are responsible for verifying every output and User before relying on or transacting with them.

12. Limitation of liability

To the maximum extent permitted by applicable law:

(a) We shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, sale price, deposit, commission, business, opportunity, anticipated savings, market timing, goodwill, reputation or data, however arising and whether under contract, tort (including negligence), strict liability or otherwise.

(b) Our aggregate liability for all claims arising out of or relating to the Service, these Terms, the Privacy Policy or your use of the Service shall not exceed the lesser of (i) fees actually paid by you to Farmhouse in the 12 months immediately preceding the event giving rise to liability, or (ii) one hundred euros (€100). For free-plan accounts, the cap is twenty euros (€20). These caps are aggregate across all incidents arising from the same or related facts and across all causes of action.

(c) We are not liable for any loss arising from (i) the acts, omissions, advice, contracts, transactions, payments or work of any other User (including sales agencies, service partners, buyers, owners) or any third-party professional (notary, lawyer, surveyor, architect, valuator, accountant, mortgage broker, bank, payment institution); (ii) force majeure or events beyond our reasonable control; (iii) your configuration choices; (iv) your failure to keep credentials secure or to enable available multi-factor authentication; (v) reliance on any AI-generated output (including valuation, pitch score, offer evaluation, match explanation, parsed field, verification recommendation, renderer output or chat response) without independent verification by a qualified professional; (vi) User Content that itself contains malware, exploits, prompt-injection payloads, defamatory material or any other hostile content; (vii) downtime, latency, capacity changes, feature deprecation or changes to any AI sub-processor; (viii) any commercial outcome — including failure to sell, sale at a lower price than expected, missed buyer, withdrawn offer, lost commission, regulatory determination, or tax assessment.

(d) Nothing in this clause limits liability that cannot be limited under applicable law (including, in Spain, liability for death or personal injury caused by negligence, fraud, or wilful misconduct).

13. Indemnification

You shall defend, indemnify and hold harmless the Provider, its affiliates, officers, directors, employees, agents, sub-processors and suppliers from and against any and all claims, demands, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) any User Content; (b) any breach by you of clauses 5, 6 or 7 or any law or regulation applicable to your use of the Service; (c) any third-party claim concerning personal data you uploaded or instructed us to process; (d) any reliance by you or a third party on an AI output, render, translation, valuation, pitch score, offer evaluation, match explanation, parsed document field, verification recommendation or any other automated derivation; (e) any unauthorised use of your account; (f) any malware or hostile content embedded in User Content uploaded by or on behalf of you; (g) any dispute, transaction, contract, payment, sale or other interaction between you and any other User or third party (including buyers, owners, agencies, service partners, notaries, banks, public authorities or counterparties); (h) any misrepresentation in your listing, your pitch, your verification documents, your buyer profile, your offer, your quote, your review or any other submission to the Service; and (i) any claim that you transacted, acted, advised or earned in any jurisdiction without holding the licences, permits, registrations or insurance required by the law of that jurisdiction.

14. Suspension & termination

We may suspend or terminate your access with or without notice if we reasonably believe that (a) you have breached any term; (b) continued provision would expose us to legal, security or reputational risk; (c) a payment is overdue; (d) the account exhibits behavioural anomalies suggesting compromise or abuse; or (e) we are required by law. On termination we retain and delete User Content in line with the Privacy Policy. Termination does not relieve you of any obligation accrued prior to termination, including under clauses 12 and 13.

15. Intellectual property & force majeure

All right, title and interest in the Service — including its software, design, branding, content, prompts, system prompts, output schemas, AI orchestration code, audit pipelines, and any improvement to the Service derived from operational telemetry — belongs to us or our licensors; no licence is granted except as expressly stated in these Terms. We are not liable for any delay or failure to perform caused by events beyond our reasonable control (force majeure), including third-party infrastructure failure, AI sub-processor outages, regulatory action, cyber-attack, internet disruption, war, sanctions, public-health emergency or natural disaster.

16. Changes & governing law

We may modify these Terms; material changes will be communicated by email or in-app notice at least 30 days before they take effect (or sooner where a security or legal change requires). Continued use after the effective date is acceptance. These Terms are governed by Spanish law; the courts of Eivissa (Illes Balears, Spain) have exclusive jurisdiction, without prejudice to any consumer’s mandatory right under the law of their habitual residence.

17. Survival, severability & contact

Clauses 2 (Nature of the Service), 5 (User Content), 7 (No advice), 9 (Verification), 11 (Disclaimer), 12 (Limitation of liability), 13 (Indemnification), 15 (Intellectual property) and 16 (Governing law) survive termination. If any provision is found invalid, the remainder continues in force, and the invalid provision is to be replaced by an enforceable provision that most closely reflects the original intent. Notices to us: legal@farmhouse.app.

These Terms are drafted in English; in case of discrepancy with any translation, the English version prevails (except where Spanish consumer law mandates otherwise).