Terms of Service
These Terms of Service (the “Terms”) govern the use of Estate CRM (the “Service”), a web application for estate agencies provided by TKOCY LTD, a company registered in the Republic of Cyprus under registration number HE399700, with its registered office at Kiriakou Matsi 9, 4712 Limassol, Cyprus (“we”, “us”). The Service is offered to businesses only.
1. Definitions
- Customer — the agency (company, partnership or sole trader) that opens an account and accepts these Terms.
- User — a person the Customer allows to sign in to its account (owners, managers, agents, assistants).
- Customer Data — all data that the Customer or its Users put into the Service, including data about the Customer’s clients, property owners, leads and staff.
- Plan — the subscription plan chosen by the Customer, with its price, limits and features as shown on our pricing page or in the Service.
- DPA — our Data Processing Agreement, which forms part of these Terms.
2. Accepting these Terms
- By creating an account, or by using the Service, the person doing so confirms that they may bind the Customer and accepts these Terms on the Customer’s behalf.
- The Service is not intended for consumers. The Customer confirms that it uses the Service for its business.
3. Accounts and seats
- The Customer is responsible for its Users and for everything done under its account. Each User needs their own sign-in; sharing sign-ins is not allowed.
- The Customer must keep sign-in details secure, and should enable two-step sign-in. It must tell us without delay at info@estatecrm.cy if it suspects unauthorised access.
- Fees are charged per seat. The number of seats equals the number of active Users in the account, and is never lower than the minimum of the Plan. Seats are adjusted automatically when Users are added or deactivated, and charged or credited pro rata by our payment provider.
- Account owners decide who has access and with which role. Removing a User’s access is the Customer’s responsibility.
4. Free trial
- A new Customer receives a free trial of 14 days on the Professional Plan. No payment card is needed to start.
- At the end of the trial, the Customer must choose a Plan and pay to keep using the Service. Otherwise the account moves to a restricted mode where only the account, billing and security pages work. The Customer Data is kept as described in section 12.
- We may refuse or end a trial that is being misused, for example by opening repeated trials.
5. Subscriptions and payment
- Subscriptions are billed monthly or yearly in advance, in euro, through our payment provider Stripe. By subscribing, the Customer authorises us and Stripe to charge the payment method provided.
- Subscriptions renew automatically for the same period unless cancelled before the end of the current period. Cancelling stops the next renewal; the Service stays available until the end of the period already paid.
- Fees already paid are not refunded, except where the law requires it or we say otherwise in writing.
- If a payment fails, we will tell the Customer and may retry. If it is still unpaid [14] days after the due date, we may restrict the account as described in section 4.2 until it is paid.
- We may change prices or Plans with at least 30 days’ notice by e-mail or in the Service. A change applies from the next renewal. If the Customer does not agree, it may cancel before the change applies.
6. Taxes and VAT
- Prices are shown excluding VAT. VAT and other taxes are added where the law requires.
- For Customers in another EU Member State that provide a valid VAT number, the reverse-charge mechanism may apply. The Customer is responsible for the accuracy of the tax details it gives us.
- Our VAT number is CY10399700T.
7. Acceptable use
The Customer and its Users must not:
- use the Service for anything unlawful, including sending unsolicited marketing without a legal basis, or processing personal data without a legal basis;
- upload content that infringes others’ rights, or that is misleading, defamatory or harmful;
- try to access another customer’s data, test the Service’s security without our written permission, or get around its limits;
- overload the Service, use automated means to extract data other than the APIs and feeds we provide, or resell the Service without our agreement;
- upload malware or anything designed to harm the Service or its users.
Messages the Customer sends through the Service (e-mails, SMS, alerts to its clients) are sent on the Customer’s behalf and under its responsibility.
8. Customer Data and the Customer’s responsibilities
- The Customer owns the Customer Data. We use it only to provide, secure and support the Service, as set out in the DPA.
- For personal data in the Customer Data, the Customer is the controller and we are its processor. The Customer is responsible for having a legal basis for the data it enters and the messages it sends, for informing its clients (for example in its own privacy notice), and for handling their requests.
- The Customer should enter identity-document numbers, signatures and other sensitive details only where it needs them.
- The Customer is responsible for the accuracy of listing information it publishes through the Service, including on portals and websites.
9. Third-party services
- Some features connect to services the Customer or a User chooses to use, such as Google Calendar, Telegram, the Customer’s own SMS account at dash.smscy.com, or property portals. Their own terms apply to that use, and we are not responsible for them.
- AI writing features produce suggestions only. The Customer must check any text before using it.
10. Availability and support
- We aim to keep the Service available at all times, but we do not promise uninterrupted service and give no specific service level unless the Customer’s Plan or a separate agreement says so.
- We may carry out maintenance, preferably outside Cyprus business hours, and will give notice of planned work that may cause significant downtime where we can.
- Support is provided by e-mail at info@estatecrm.cy on business days.
- We may change and improve the Service. We will not remove a core function the Customer pays for without reasonable notice.
11. Suspension and termination
- The Customer may cancel at any time from the billing page, effective at the end of the paid period.
- We may suspend access immediately, in whole or in part, if the Customer materially breaches section 7, if its account creates a security risk, or if the law requires it. We will tell the Customer the reason and restore access once the problem is fixed.
- Either party may terminate these Terms by written notice if the other materially breaches them and does not fix the breach within 14 days of being asked to, or if the other becomes insolvent.
- We may end the Service for all customers with at least 90 days’ notice.
12. Data export and deletion after termination
- For 30 days after the subscription or trial ends, the Customer Data is kept. During that time the Customer may re-subscribe, or ask us for an export of its Customer Data in a common machine-readable format (such as CSV or JSON, with files).
- After those 30 days we delete the Customer Data from the live Service. Copies in backups are deleted as the backups expire, within 60 days.
- We may keep invoicing and account records as long as tax and company law require.
13. Intellectual property
- We and our licensors own the Service, its software, design and documentation. The Customer receives a non-exclusive, non-transferable right to use the Service for its business while its subscription is active.
- The Customer keeps all rights in the Customer Data and gives us the licence needed to host, process and display it to provide the Service.
- If the Customer sends us suggestions, we may use them without obligation.
14. Confidentiality
Each party keeps the other’s non-public information confidential and uses it only for these Terms. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law.
15. Warranties
We will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided “as is”, and we give no other warranties to the extent the law allows.
16. Liability
- Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot be limited by law.
- Neither party is liable for indirect or consequential loss, or for loss of profit, business, goodwill or data that could have been avoided by reasonable backups or care.
- Each party’s total liability in any 12-month period is limited to the fees paid or payable by the Customer for the Service in the 12 months before the event that gave rise to the claim [— lawyer to confirm the cap and any separate cap for data-protection claims].
17. Changes to these Terms
We may update these Terms. We will give at least 30 days’ notice of material changes by e-mail or in the Service. If the Customer does not accept them, it may cancel before they apply; continued use afterwards means acceptance.
18. General
- These Terms, the DPA and the Plan details are the whole agreement between the parties about the Service.
- The Customer may not transfer its account without our consent. We may transfer these Terms to a successor of our business with notice.
- Neither party is liable for delays caused by events outside its reasonable control.
- If a clause is found invalid, the rest stays in force.
- Notices to us go to info@estatecrm.cy; notices to the Customer go to the account owner’s e-mail address.
- If these Terms exist in English and Greek, both versions have equal weight [— lawyer to confirm which version prevails].
19. Governing law and courts
These Terms are governed by the laws of the Republic of Cyprus. The courts of Limassol, Cyprus, have exclusive jurisdiction over any dispute arising from them.
20. Contact
TKOCY LTD, Kiriakou Matsi 9, 4712 Limassol, Cyprus. E-mail: info@estatecrm.cy. Service: app.estatecrm.cy.