Terms of Service for Smart Realty

Last Updated: May 17, 2025

Welcome to Smart Realty! These Terms of Service ("Terms") govern your access to and use of the Smart Realty application ("App") and our website ("Website"), including any services, features, and content provided by Smart Realty ("we," "us," or "our"). By accessing or using our App or Website, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our App or Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our App or Website.

2. Use of Our Services

2.1. Eligibility:

You must be at least 18 years old (or the age of majority in your jurisdiction) to access or use our App and Website. By accessing or using our App or Website, you represent and warrant that you meet these eligibility requirements.

2.2. Account Registration:

To use certain features of the App and Website, you may be required to create an account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current. You are responsible for maintaining the confidentiality of your account credentials and are responsible for all activities that occur under your account.

2.3. Acceptable Use:

You agree to use our App and Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our App or Website in any way that violates any applicable law or regulation.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the operation of our App or Website or the servers or networks used to make our App or Website available.
  • Attempt to gain unauthorized access to any portion of our App or Website or any other systems or networks connected to our App or Website.
  • Use any robot, spider, scraper, or other automated means to access our App or Website for any purpose without our express written permission.
  • Transmit any viruses, worms, or other malicious code.
  • Engage in any activity that could interfere with the ability of other users to use our App or Website.
  • Use our App or Website to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Use our App or Website to collect or harvest any personally identifiable information, including account names, email addresses, or other contact information.

3. Intellectual Property

Our App and Website and all content and materials included in or made available through our App and Website, including but not limited to text, graphics, logos, images, software, and code, are owned by or licensed to Smart Realty and are protected by copyright, trademark, and other intellectual property laws.

You may access and use our App and Website and the content and materials included in or made available through our App and Website only for your personal, non-commercial use. You may not reproduce, modify, distribute, display, perform, publish, license, create derivative works from, or sell any content or materials from our App or Website without our express written permission.

4. User Content

You may be able to submit, upload, or otherwise make available content through our App or Website ("User Content"). You retain all rights in, and are solely responsible for, the User Content you submit.

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with our App and Website and our business.

You represent and warrant that you have all necessary rights to grant us the rights in your User Content described in these Terms and that your User Content does not violate any third-party rights, including intellectual property rights and privacy rights.

We have the right to remove or disable access to any User Content that we believe violates these Terms or is otherwise objectionable.

5. Transactions and Payments

The App or Website may allow you to conduct transactions related to real estate projects. You are responsible for ensuring the accuracy of all transaction details, and you agree to comply with any applicable laws and regulations related to such transactions.

If you make any payments through the App or Website, you agree to provide accurate and complete payment information. You are responsible for all charges incurred under your account. We may use third-party payment processors to process payments, and you agree to be bound by their terms and conditions.

We are not responsible for any errors or delays in payment processing that are caused by third-party payment processors.

6. Disclaimer of Warranties

OUR APP AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR APP OR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE INFORMATION PROVIDED ON OUR APP OR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT.

YOU USE OUR APP AND WEBSITE AT YOUR OWN RISK.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR APP OR WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR APP OR WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESS TO OR USE OF OUR APP OR WEBSITE.

8. Indemnification

You agree to indemnify, defend, and hold harmless Smart Realty and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of our App or Website, your User Content, your violation of these Terms, or your violation of any third-party rights.

9. Termination

We may terminate or suspend your access to our App and Website at any time, with or without cause, and without notice to you. Upon termination, your right to use our App and Website will immediately cease.

10. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or your use of our App or Website will be governed by and construed in accordance with the laws of Costa Rica, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or your use of our App or Website will be resolved by binding arbitration in accordance with the rules of the International Center for Conciliation and Arbitration ("CICA") in Costa Rica. The language of the arbitration shall be Spanish.

The prevailing party in any arbitration shall be entitled to recover its reasonable attorney's fees and costs.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our Website or by sending you an email. Your continued use of our App or Website after the effective date of the revised Terms constitutes your acceptance of the changes.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

info@kennethchevez.com