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General Terms and Conditions for Professional Advertisers

These general terms and conditions (hereinafter the “General Terms and Conditions”) govern the entire relationship between, on the one hand, the company DWELLY (hereinafter “DWELLY” or the “Company”) and, on the other hand, the Professional Advertiser (as defined below), with a view to the Professional Advertiser subscribing to one (1) Pack for the publication of Advertisements on the website accessible at the URL https://www.dwelly.io (hereinafter the “Site”) and, where applicable, the mobile application that the Company reserves the right to develop at any time in connection with the Services described in these General Terms and Conditions (hereinafter the “Application”).

1. LEGAL NOTICE

The Site and the Application are published by the Company:

  • DWELLY;
  • SAS with a share capital of 1,000 euros;
  • having its registered office at 40, cours Albert Thomas, 69008 Lyon;
  • registered with the Lyon Trade and Companies Register under number 929 100 147;
  • VAT intra-community number FR21929100147;
  • represented by its President: Mr. Julien CHASSAGNE;
  • contact email: [email protected].

DWELLY has taken out civil liability insurance with ASSUR’UP, a simplified joint-stock company with registered office at 123, rue Jules Guesde, 92300 Levallois-Perret.

For any information request, the Professional Advertiser is invited to send their request:

  • either by filling out the "Contact" form available on the Site / Application,
  • or by mail to the address mentioned in section 1.1 above,
  • or by phone at 06 98 68 18 65 from Monday to Friday from 9am to 7pm.

The Site is hosted by Vercel Inc., 440 N Barranca Ave #4133 Covina, CA 91723 United States.

Files are hosted by Cloudflare, 6 place de la Madeleine, 75008 Paris.

2. SCOPE

These General Terms and Conditions govern any relationship between the Company and the Professional Advertiser as defined below, within the framework of the Professional Advertiser subscribing to one (1) Pack for the publication of Advertisements on the Site and the Application.

These General Terms and Conditions may be amended; the applicable General Terms and Conditions are those in force and accessible on the Site / Application on the date the Professional Advertiser uses the Service.

If the Application was downloaded from Apple's App Store or the Google Play Store, the User was also invited in advance to accept the terms of the general conditions specific to these platforms and agrees to comply with them.

3. DEFINITIONS

For the purposes of these General Terms and Conditions, capitalized terms, whether used in the singular or plural, have the following meanings:

â—Ź Advertisement: means all data (notably textual, visual, photographic, etc., subject to the posting rules set out in the Posting Rules in Annex 1 of these General Terms and Conditions and/or the technical constraints of the Site and the Application) provided by the Professional Advertiser constituting an offer to sell, written in French, for a single Property whose description is detailed in the Advertisement and hosted for publication on the Platforms, for a limited period of thirty (30) days.

Any Advertisement must comply with all applicable laws and regulations, in particular real estate legislation.

â—Ź Digital Assets: means any digital representation of value that is not issued or guaranteed by a central bank or public authority, which is not necessarily attached to legal tender and does not have the legal status of money, but is accepted by natural or legal persons as a means of exchange and which may be transferred, stored, or traded electronically (the parties are invited to carefully read Annex 2 of these General Terms and Conditions before using the Services offered by DWELLY).

â—Ź Professional Advertiser: means (i) real estate professionals acting as intermediaries in the transaction and as such (x) holders of a transaction or management card and (y) holding a mandate from the owner of the Property which is the subject of the transaction, in accordance with the provisions of the Hoguet Law No. 70-9 of 2 January 1970, (ii) notaries, (iii) bailiffs, (iv) lawyers holding a sales or rental mandate entrusted by the owner of the Property, (v) real estate developers and (vi) builders.

â—Ź Property: means the real estate property that is the subject of the Advertisement; the Advertisements included in the Pack are published by a Professional Advertiser and concern exclusively residential properties offered for sale.

â—Ź Payment Confirmation: means the email sent to the Professional Advertiser confirming payment of the selected Pack price, accompanied by the corresponding invoice and a copy of these General Terms and Conditions.

â—Ź Content: any content posted on the Site or the Application by a third party to the Company, intended for the public and which may be reported by a User. This includes, in particular, the content of Advertisements, the content of Professional Advertiser pages, advertisements, and comments.

â—Ź Internet User: means all Internet users visiting the Site / the Application.

â—Ź Pack: has the meaning given in article 5.1.1.

â—Ź Price: means the price of the Property that is the subject of the Advertisement in Euros. On the Site and the Application, the Price is expressed in Euros and, where applicable, a conversion into Digital Assets appears. However, only the Price indicated in Euros is binding, which Users acknowledge and accept.

● Third-Party Providers: means (i) Veriff, a service provider specialized in know-your-customer (KYC) procedures at https://veriff.com/, (ii) Scorechain, a service provider specialized in transaction verification (“know your transaction” or KYT) at https://www.scorechain.com/, (iii) Radom, a service provider at https://www.radom.com/fr-fr, and (iv) Stripe, a service provider at https://stripe.com/en-fr.

● Posting Rule: means the rules for publishing the Advertisement set out in Annex 1 of these Terms and Conditions which any Advertisement must comply with to be published. Any breach of these conditions may allow DWELLY to remove/suspend the Advertisement and to take any of the specific measures described in the “Duration – Suspension – Termination” article of these Terms and Conditions.

â—Ź Service: means the service of publishing the Advertisement included in the Pack on the Platforms provided by the Company on the Site / the Application and described in article 4 of these General Terms and Conditions.

â—Ź Site: means the website accessible at https://www.dwelly.io.

â—Ź Partner Site(s): means the electronic interactive service(s) operated by third-party partners of the Company with whom the Company has entered into distribution agreements on their respective websites.

â—Ź Platforms: means interchangeably the Application and the Site, the Partner Site, and Promotional Platforms.

â—Ź Promotional Platforms: means any medium of any nature that the Company uses to promote the Site / the Application and its content and which may therefore contain all or part of the Advertisements (for example: social media communications, brochures, ad-words, etc.).

â—Ź User: means interchangeably the Internet User or the Professional Advertiser.

4. PURPOSE

These General Terms and Conditions set out the terms and conditions under which DWELLY provides the Professional Advertiser with the Service consisting of hosting and publishing Advertisements included in the Packs on the Site / the Application and, where applicable, the Platforms, for a limited period of thirty (30) days.

Any subscription by the Professional Advertiser to one (1) Advertisement included in the Pack constitutes full and unconditional acceptance of the General Terms and Conditions in their version in force on the date of subscription.

5. DESCRIPTION OF SERVICES

5.1. Pack Pricing

The publication fee for the number of Advertisements included in the Pack is the one in effect on the date of subscription to the Pack.

DWELLY reserves the right to modify this fee at any time.

Professional Advertisers wishing to publish property sale listings on DWELLY must comply with the following conditions:

5.1.1. Packs

Professional Advertisers may choose between several subscription packs (the “Packs”), each offering specific publication options (e.g., number of Advertisements included in the Pack, ancillary services, etc.).

The price of each Pack is indicated on the dedicated page of the Site or the Application.

5.1.2. Commitment

Professional Advertisers commit to remain subscribed to one of the Packs above for a minimum period of one year. In other words, a Professional Advertiser will be charged at least the first 12 monthly payments related to the chosen Pack. This annual commitment is mandatory to benefit from the prices and services associated with the subscription Packs.

Payment will be collected monthly.

5.2. Advertisement Submission Procedure

5.2.1. Posting Rules

The Advertisement must comply with the Posting Rules set out in Annex 1 of these General Terms and Conditions.

DWELLY reserves the right not to publish or to stop publishing, without notice or compensation, Advertisements that do not comply with all or part of the Posting Rules, which the Professional Advertiser acknowledges and accepts unreservedly.

5.2.2. Account Creation

To submit an Advertisement, the Professional Advertiser must create an account or log in to their existing account if they already have one.

When creating their account, the Professional Advertiser must enter the following information: title, last name and first name, company name if a legal entity, SIRET number, postal address, city, phone number, valid email address, then choose a password.

5.2.3. Payment

Payment for the Packs is made only in Euros.

Payment of the Pack fees is made online by direct debit within ten (10) days of receipt by email of the invoice to be settled. The charge is immediate. The Professional Advertiser will then receive the Payment Confirmation by email along with the corresponding invoice.

In the event of non-payment of a monthly installment by the Professional Advertiser, DWELLY will send a reminder by email. If payment is not made within ten (10) days following the reminder email, DWELLY reserves the right to delete the Professional Advertiser's Advertisements from the Site and the Application.

In the event of a payment refusal, the Advertisement will not be published, which the Professional Advertiser expressly accepts.

5.3. Publication of the Advertisement

5.3.1. Duration

(i) Online Publication of the Advertisement

The Advertisement will be published within a maximum of 48 (forty-eight) hours following the Payment Confirmation (hereinafter the “Go-Live”). The Professional Advertiser will be informed of this Go-Live by email (hereinafter the “Go-Live Confirmation”).

(ii) Publication Duration of the Advertisement

The Advertisement will be published on the Platforms for a limited and non-renewable period of thirty (30) days from the Go-Live (hereinafter the “Duration”). At the end of the Duration, the Advertisement will be automatically removed, and the Professional Advertiser will be informed by email.

5.3.2. Modification and Deletion of the Advertisement

The Professional Advertiser may modify or delete their Advertisement using the hyperlinks included in the Payment Confirmation email and in the Go-Live Confirmation email.

(i) Modification of the Advertisement

Once the Advertisement is online, the Professional Advertiser may modify any part of their Advertisement at any time, except for the Advertisement criteria specified below, which may only be modified by the Professional Advertiser for a limited period.

Thus:

  • up to 48 (forty-eight) hours from the Advertisement Go-Live: the Professional Advertiser may modify all elements of the Advertisement, except the “property type” criterion, which is no longer modifiable once the Advertisement is live.

  • after this 48-hour period: in addition to the “property type” criterion, the Professional Advertiser may no longer modify the location of the Property (address and municipality).

(ii) Deletion of the Advertisement

The Professional Advertiser explicitly acknowledges and accepts that if they terminate the publication of the Advertisement before the end of the Duration, the Advertisement will be permanently deleted from the Platforms and the amount paid by the Professional Advertiser will be definitively retained by the Company; no refund, full or partial, of the Pack price will be made to the Professional Advertiser.

5.3.3. Publication Platforms

The Advertisement will be published on the Site and the Application, which also allow the consultation of sale listings offered by private sellers. These will be identified on the Site and the Application as “private listings”.

The Advertisement may also be published, where applicable, on Partner Websites, Affiliate Sites, and Promotional Platforms, which the Professional Advertiser expressly accepts.

5.4. Agences 3.0

Professional Advertisers accepting to receive sales mandates from property owners who wish to receive the Sale Price in Digital Assets may request to appear in the “Agences 3.0” dedicated section of the Site and the Application.

6. CONTACTS

The contact details of Internet Users interested in an Advertisement will be sent to the Professional Advertiser by email to the address provided by the Professional Advertiser when creating the account.

DWELLY cannot be held responsible for the Professional Advertiser not receiving contacts due to events beyond the Company’s control, such as, without limitation, suspension, interruption or malfunction of the Professional Advertiser’s email service, interruption of telecommunication networks, an error in the provided contact details, or any case of force majeure recognized by jurisprudence.

The professional advertiser is informed and acknowledges that the Company's activity is limited to facilitating the connection of Internet Users with Professional Advertisers and private sellers. Therefore, DWELLY's liability cannot in any way be engaged regarding relations, agreements, and discussions that may occur between Internet Users and Professional Advertisers or private sellers.

7. ACCESS AND AVAILABILITY OF SERVICES

DWELLY makes its best efforts to make its Service available 24 hours a day, 7 days a week, independently of maintenance operations of the Service and/or the Application / the Site and/or the server(s) on which the Advertisement is hosted.

In this respect, DWELLY is bound by an obligation of means.

However, DWELLY reserves the right to suspend access to the Site / the Application and all or part of the Service for maintenance and/or improvement works. These Service interruptions will, insofar as possible, be notified in advance to the Professional Advertiser. In case of emergency, DWELLY nonetheless reserves the right to suspend partially or totally, for a reasonable duration, all or part of the Service to carry out any necessary technical operation. These Service interruptions cannot give rise to any compensation in favor of the Professional Advertiser.

DWELLY is not the publisher of Partner Sites and Promotional Platforms and does not act as a technical service provider for them.

Therefore, DWELLY cannot be held responsible for any access or availability obligations regarding them.

8. WARRANTIES AND LIABILITY OF THE PROFESSIONAL ADVERTISER

The Professional Advertiser undertakes to provide:

  • information at all times that is accurate, complete, sincere, and truthful regarding their personal contact details and specifically guarantees that their provided email address is valid and functioning, and to update such information promptly;

  • information at all times that is accurate, complete, sincere, and truthful relating to the Property(ies) for which they wish to host and publish the Advertisement on the Platforms.

The Professional Advertiser indemnifies DWELLY against any legal or extrajudicial action and/or conviction based on their failure to comply with their legal obligations or contractual commitments, in particular under these General Terms and Conditions regarding their Advertisement.

The Professional Advertiser expressly undertakes to bear, at DWELLY’s first request, all consequences resulting from such action or claim and/or conviction, including any damages and/or criminal penalties to which DWELLY might be condemned and all costs incurred by such action or claim, including attorney fees.

The Professional Advertiser declares, acknowledges and accepts that DWELLY, without prior and/or systematic control over the content, validity or legitimacy of the Advertisement, merely hosts the Advertisement to be published on the Site / the Application and, where applicable, the Platforms, so that DWELLY remains entirely detached from the quality and/or lawfulness of the Advertisement and its content, as well as from the conclusion of any sales contract between the Professional Advertiser and an Internet User.

The Professional Advertiser undertakes that their Advertisement:

  • is not unlawful, contrary to fairness, decency, human dignity, public order or good morals;
  • does not infringe third-party rights, including intellectual property rights, image rights, or by texts that are defamatory, insulting, disparaging, obscene, revisionist, advocating the commission of crimes or offenses, and more generally contrary to laws or case law in force.

The Professional Advertiser specifically guarantees that they hold all (i) rights, including intellectual property rights related especially to the images of the Property(ies) concerned by the Advertisement and/or more generally on the content of the Advertisement whether provided to DWELLY or inserted via its professional interface or inserted in the Advertisement by a third party authorized by the Professional Advertiser, and (ii) mandates or authorizations required from third parties, notably with respect to the exploitation of their assets.

The Professional Advertiser acknowledges that they are the exclusive author of the Advertisement. As such, they bear full responsibility for the content of the Advertisement which they wish or allow to be published via DWELLY. Consequently, the Professional Advertiser indemnifies DWELLY from all liability and will hold it harmless from any convictions that could be pronounced as a consequence of the publication of an Advertisement.

Any Advertisement containing substantial errors, misidentifying the nature of the Property offered, or not complying with these General Terms and Conditions including the Posting Rules, and of which DWELLY becomes aware including via third-party notification, may be suspended by DWELLY until it is modified by the Professional Advertiser to bring it into compliance.

Without creating an obligation to verify content, accuracy or consistency of the Advertisement, DWELLY reserves the right to ask any Professional Advertiser to provide any document justifying the truthfulness of the information contained in the Advertisement and/or authorizations necessary and prior to publication. Any explicit or implicit refusal by the Professional Advertiser to provide such documents will result in the immediate and without notice removal of their Advertisement, without the Professional Advertiser being entitled to any compensation.

The Professional Advertiser authorizes DWELLY to reproduce and publish all or part of their Advertisement(s) on the Platforms, notably for promotional purposes.

The email or wallet (hereinafter the “Identifier”) that allow the Professional Advertiser or their agents to access the Professional Advertiser’s account online are strictly confidential and non-transferable. The Professional Advertiser undertakes, for themselves and for their agents acting under their responsibility or authority, not to disclose their Identifier to third parties. All connections or attempts to connect to DWELLY’s online Services using an Identifier are irrebuttably presumed to originate from the Professional Advertiser, who assumes all responsibility in case of disclosure, loss, diversion or fraudulent use of the Identifier by any third party, including their agents. Where applicable, the Professional Advertiser must immediately notify DWELLY.

9. WARRANTIES AND LIABILITY OF THE COMPANY

DWELLY's activity is limited to facilitating the connection of Users. DWELLY's liability cannot in any way be engaged regarding relations, agreements, and discussions that may occur between them, for which they are responsible for performing the usual legal checks before concluding any agreement.

In any event, DWELLY cannot be held liable:

  • in the event of Service unavailability for reasons such as public electricity network failure, failure of wired telecommunications networks, loss of Internet connectivity due to public or private operators, including the User, caused, for example, by strikes, storms, earthquakes or any other event having the characteristics of force majeure;
  • in the event of use of the Service by a User in conditions not in accordance with these General Terms and Conditions or applicable law;
  • within the limits of applicable law, for any indirect damage including, notably, loss of profit, data loss or any other loss of intangible property, even if DWELLY was informed of the possibility of such damages, which may occur (i) from the use or inability to use the Service (ii) from partial or absent publication of the Advertisement (iii) following access to said Service by an unauthorized User and/or Internet User.

DWELLY is bound by an obligation of means under these terms.

DWELLY does not guarantee any potential results, notably commercial, expected by the Professional Advertiser within the framework of the Service.

DWELLY does not commit to any volume of contact requests received by the Professional Advertiser (the “Contacts”) within the performance of the Service. Likewise, DWELLY cannot be held responsible for the quality of the Contacts obtained.

DWELLY is subject to an obligation of means towards the Professional Advertiser for the performance of the Service. In no event shall DWELLY be liable for indirect or consequential damages, such as commercial prejudice, loss of customers, loss of income, loss of profits, loss of contracts, loss of expected savings, lack of commercial fallout, loss of benefit, reputational damage or actions brought by third parties, which the Professional Advertiser might suffer.

If the Professional Advertiser chooses the option that the payment of the Property Price be made in Digital Assets, the Professional Advertiser acknowledges that DWELLY will not intervene in any way in the payment process of the Property in Digital Assets. Indeed, DWELLY’s role is limited to facilitating the connection of Users. Only the liability of the Third-Party Providers may be sought by the Professional Advertiser.

10. DURATION - SUSPENSION - TERMINATION

These General Terms and Conditions bind the parties for the duration of the Pack to which the Professional Advertiser subscribed, that is for a period of one (1) year. At the end of this one (1) year period, and unless terminated at least three (3) months in advance by one party to the other, the subscription to the Pack initially taken by the Professional Advertiser is renewed for an identical period. Thus, these General Terms and Conditions are renewable by tacit agreement in the same manner as the Pack subscribed to by the Professional Advertiser, for successive one (1) year periods, unless terminated with three (3) months’ notice before the anniversary date.

DWELLY reserves the right to refuse or block, without prior notice or financial compensation, the publication of an Advertisement that is non-compliant (i) with applicable regulations and/or (ii) with the Posting Rules and/or (iii) with the technical constraints inherent to publishing Advertisements and/or (iv) with the contractual commitments of the Professional Advertiser, notably in the event that the latter does not meet the criteria of the notion of “Professional Advertiser” defined in article 3 of the General Terms and Conditions.

Providing inaccurate or dubious information by the Professional Advertiser, or failure by the User to respond to DWELLY’s requests for information, notably regarding the accuracy of information contained in their Advertisement, will result in the automatic suspension of all or part of the Service.

In the event of use of the Service in breach of these General Terms and Conditions, the User shall be deemed to be in serious breach of their contractual obligations authorizing DWELLY, at its discretion and depending on the circumstances, to:

  • suspend, without prior notice, all or part of the Service until the User fully complies with their obligations;
  • put the Professional Advertiser on formal notice to comply with their obligations following a notice period;
  • terminate the Service by operation of law and at the sole fault of the Professional Advertiser.

The above actions are without prejudice to any damages for direct and/or indirect damages that DWELLY may claim.

If the Advertisement cannot be put online for one of the reasons specified in this article 10, an email will be sent to the Professional Advertiser informing them that their Advertisement has been refused and will not be published.

However, if DWELLY is forced, for one of the reasons specified in this article 10, to remove an Advertisement during its publication, DWELLY will not refund the Professional Advertiser the amount of the removed Advertisement, which the Professional Advertiser expressly acknowledges and accepts.

In accordance with Article 6.I.2 of Law No. 2004-575 of 21 June 2004 known as the Law for Confidence in the Digital Economy, where DWELLY, in its capacity as host of the Advertisement, were to receive a notification from a third party indicating the manifestly illegal and/or non-compliant nature of the Advertisement, DWELLY reserves the right to cease publishing the Advertisement without notice, without the Professional Advertiser being entitled to any compensation for the harm suffered by the Professional Advertiser or any third party.

11. DIGITAL SERVICES REGULATION

11.1. Content moderation and fight against illicit content

As a hosting provider for the Advertisements published under the exclusive responsibility of Professional Advertisers, within the meaning of Article 6-I-7 of Law No. 2004-575 of 21 June 2004, the Company cannot practically organize general monitoring of Advertisements and Content it hosts on the Site and/or the Application and cannot determine ex ante whether they are lawful.

However, to protect Users, the Company has implemented various mechanisms to moderate Content and fight against illicit Content.

11.2. Moderation measures and decisions

Content moderation teams of the Site and the Application ensure, once they become aware of Content and a posteriori to its publication, that published Content does not violate these General Terms and Conditions or the Posting Rules or constitute illicit Content. In other words, Content is not subject to verification prior to its publication on the Site or the Application.

The following are strictly prohibited on the Site and the Application, in particular, any element that appears contrary to legal or regulatory provisions, good morals, or likely to offend Users, including:

  • any Content written in a foreign language with terms or descriptions unrelated to the proposed content;
  • any Content containing terms or descriptions unrelated to the proposed Content;
  • any Content concerning a fictitious property or construction program;
  • any fraudulent Content or intended to deceive the User;
  • any Content of a political, religious or hateful nature;
  • any image or photograph unrelated to the proposed Advertisement, not authorized, counterfeit, or pornographic.

The role of moderation teams involves:

  • reviewing Content identified internally: the moderation team may manually verify Content randomly or when doubt exists;
  • reviewing reports made via the illicit Content reporting system provided to Users and Professional Advertisers of the Site and the Application (and any complaints);
  • reviewing complaints made via the internal complaint handling system available to Users who reported Content as illicit.

When moderation teams become aware of a violation of the General Terms and Conditions, the Posting Rules or the presence of illicit Content, the following measures and decisions may be taken:

  • temporary or permanent deletion of the Content concerned on the Site and the Application;
  • restriction of access to Services;
  • temporary blocking or permanent deletion of the account that deposited the Content concerned or deemed fraudulent.

Moderation teams determine whether the Content or account should be subject to a restriction measure based on the risk and severity they represent. They may limit or remove Content or accounts after a single serious breach of the Rules mentioned above or if they determine that the account has repeatedly published illegal content, or submitted multiple manifestly unfounded reports or complaints.

11.3. Reporting mechanisms for illicit content

Any User may submit a report from the Site and the Application to report Content considered illicit or contrary to these General Terms and Conditions.

A report button is available to Users near the Content. It leads to a questionnaire to be completed. The User must ensure their report is as complete as possible. Reports are then examined by the Company in due time.

By using this procedure, the User undertakes to submit reports in good faith and not to misuse reporting or complaint procedures by making unfounded reports or appeals.

The Company reserves the right to take any measure to limit or prevent the processing of reports and to suspend or delete accounts of persons who abuse reporting mechanisms by submitting unfounded reports.

Thus, the User undertakes not to abuse this facility; otherwise, they acknowledge and accept that they may face criminal prosecution, pursuant to Article 6.I.4 of Law No. 2004-575 of 21 June 2004 which provides: “Anyone who presents to the persons mentioned in paragraph 2 (hosts) a content or activity as being illicit in order to obtain its removal or cessation of dissemination, while knowing this information to be inaccurate, is punishable by one year of imprisonment and a fine of 15,000 EUR.”

11.4. Internal complaint handling system

Users may contest the decision taken by the Company in response to a report for a period of six (6) months from receipt of the notification of the decision by replying directly to the notification email.

These appeals are transmitted to the moderation team which will conduct a new review of the Content to confirm or reverse the decision.

11.5. Alternative dispute resolution

Users may also choose to contest the moderation decision by submitting the dispute either to a certified out-of-court dispute resolution body under the Digital Services Regulation or to a competent court.

12. INTELLECTUAL PROPERTY

The Professional Advertiser grants the Company, for the duration of the performance of the General Terms and Conditions, a non-exclusive worldwide license to use (i) their distinctive signs and (ii) the content of the Advertisement transmitted by the Professional Advertiser to DWELLY in the performance of these General Terms and Conditions.

The Professional Advertiser authorizes DWELLY to exploit and/or publish, and as needed grants it on a non-exclusive basis, for any commercial or non-commercial use worldwide and for the duration of the rights (notably literary and artistic rights), a license to use and a right to sublicense (notably for distribution on third-party sites) information related to or resulting from the Properties and/or Advertisements, particularly within commercially exploited databases, including on the Platforms, and notably for statistical purposes or to produce market trend indicators.

The Company is the holder or licensee of the intellectual property rights of both the general structure of the Site and/or the Application and of its content (texts, slogans, graphics, images, videos, photos and other content).

Accordingly, pursuant to Book I of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Site, and/or the Application and/or their content and/or the Services, by any process and on any medium, without the Company’s prior express authorization, is prohibited and constitutes acts of copyright infringement.

Similarly, any unauthorized exploitation of the Site, and/or the Application and/or its content and/or the Services engages the User’s criminal and civil liability on the basis of copyright infringement.

The Company intends to make the Site and/or the Application and the Services available only to allow access on the Internet, and this:

  • from a computer or equivalent terminal with access to one or more telecommunications networks allowing Internet access and an Internet browsing software (such as Internet Explorer, Mozilla Firefox, etc.);
  • from a mobile terminal with access to a telecommunications network enabling Internet access (Wi‑Fi, 3/4G, Edge, etc.).

Any other use of the Site and/or the Application and/or the Services is reserved to the Company and constitutes an infringement of its right of disclosure on the Site and/or on the Application and/or the Services.

The trademarks, logos, trade names, acronyms, commercial names, signs and/or domain names of the Company and/or its commercial partners mentioned on the Site and/or the Application, allowing access to the Services provided by the Company, constitute distinctive signs not to be used without the express prior authorization of their owner.

Any representation and/or reproduction and/or total or partial exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to Book VII of the Intellectual Property Code, misappropriation of trade name, trade mark and domain name engaging the civil liability of the author.

The User irrevocably acknowledges that the Site, and/or the Application and the Services consist of one or more databases made available by the Company as the producer of such databases within the meaning of Articles L. 341-1 et seq. of the Intellectual Property Code.

Accordingly, pursuant to Article L. 342-1 of the same Code, the User undertakes not to:

  • extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Site and/or the Application and/or the Services onto another medium by any means and in any form whatsoever, including for use or consultation by a media and/or a non‑authorized process by the Company;
  • reuse by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Site and/or the Application and/or the Services, whatever the form, including by hyperlink, media and/or non-authorized process by the Company;
  • create, edit, maintain, update, import, export, make available to third parties, free of charge or for a fee, and participate in such acts, a competing database derived from all or part of one or more Company databases;
  • view on a screen by another process or media than those by which the Company intends to disclose the Site and/or the Application and the Services;
  • more generally, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in cache or temporarily, qualitatively or quantitatively substantial of the content of one or more Company databases, committed by the processes referred to above is strictly prohibited, including by a non-authorized media.

Hyperlinks on the Site and/or on the Application that allow access to Services, directing to other websites and/or applications and, more generally, to any resources existing on the Internet cannot engage the Company's liability.

The User may not under any circumstances set up deep links to pages of the Sites allowing access to the Services by any technical means intended to bypass the user identification scope or to scrape all or part of the content of the Services made available by the Company. The technique of "framing" is prohibited, unless expressly authorized in advance by the Company.

13. OPT-OUT FROM TEXT AND DATA MINING

Pursuant to European Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and Article L122-5-3 of the Intellectual Property Code, the Company exercises its right to oppose text and data mining.

For the purposes of this clause, mining means any automated extraction, collection and analysis technique aimed at analyzing texts and data in digital form to extract information (which includes, non-exhaustively, constants, trends and correlations) by any means (including robots, scraping, etc.).

The opposition applies to all content, data and websites to which the Company provides access.

Accordingly, the Company expressly refuses, in a general and non-exhaustive manner, the use of its content for the purposes of:

  • mining, gathering or cross-referencing data as well as any extraction method;
  • development and training of artificial intelligence systems;
  • development of any software.

14. PERSONAL DATA

Access to and use of the Service may involve the collection and processing of personal data, whose use is subject to applicable data protection laws.

The Company is the Data Controller under the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) for all services performed under the Service, including the collection of Contacts’ personal data via forms embedded in the Advertisement and their transmission to the Professional Advertiser solely to allow them to respond to Contact requests related to that Advertisement. DWELLY is also a Data Controller regarding processing of personal data related to Advertisements from the Professional Advertiser, subject to consent, for statistical purposes, market trend indicators and price information production. In this respect, the Professional Advertiser undertakes to inform the data subjects of the processing conditions of their personal data related to Advertisements and to obtain their consent on behalf of DWELLY.

The Professional Advertiser is also a Data Controller under the GDPR. As such, the Professional Advertiser alone is responsible for the legal obligations incumbent on them concerning implementing their own processing and using the personal data of Contacts transmitted by DWELLY. The Professional Advertiser undertakes to take all measures to ensure the protection and guarantee the security, integrity and confidentiality of this personal data in accordance with best practices.

The Professional Advertiser expressly undertakes not to use any personal data of a Contact for purposes other than the strict performance of the General Terms and Conditions, namely, for example, to respond to a contact request made by a Contact seeking a Property in the context of the Advertisement publication, and therefore undertakes not to disclose such data to third parties or to use it otherwise. Thus, if the Professional Advertiser wishes to carry out communication or subsequent prospecting actions targeting the Contact on any other subject or to set up processing for a different purpose, they must obtain additional consent from the Contact or any other legal basis required for such new processing, once the connection with the Contact has been made.

The Professional Advertiser undertakes to modify or delete personal data in their possession if a Contact requests it. In accordance with applicable law, DWELLY will delete personal data of the Internet User from all its personal databases if the Internet User requests it, without the Professional Advertiser being able to claim any compensation. Pursuant to applicable law, DWELLY will delete personal data from all its databases and in particular from the Professional Advertiser’s professional interface if the Internet User requests it or automatically following a period of user inactivity as defined in the Site and Application’s General Data Protection Policy and in accordance with the GDPR, without the Professional Advertiser being able to make any claim due to this.

Personal data identifying the Professional Advertiser are necessary for order management and commercial relations with DWELLY. They are intended for DWELLY. The Professional Advertiser may access their personal data, have them corrected or request their deletion. The Professional Advertiser also has a right to object, a right to portability and a right to restrict the processing of their personal data for legitimate reasons by contacting DWELLY. The Professional Advertiser must provide their name, first name, email address and client reference.

15. ASSIGNMENT

The Company may at any time transfer or assign these General Terms and Conditions and all rights and obligations granted hereunder to any other company affiliated with DWELLY and will notify the Professional Advertiser in writing within a reasonable time. The Professional Advertiser waives any claims against DWELLY and will release DWELLY from any liability under the General Terms and Conditions.

16. EVIDENCE

The Parties agree that all data, information, files and any other digital elements exchanged between the Parties shall constitute admissible, valid, binding evidence having the probative force of a private document. The Parties undertake not to challenge the admissibility, validity, enforceability or probative value of the aforementioned elements on the basis of their electronic nature. Unless proven otherwise, these elements will be valid and enforceable between the Parties in the same manner, under the same conditions and with the same probative force as any document established, received or kept in writing. The preceding provisions on evidence do not apply to notifications between the Parties required to be sent by registered mail with acknowledgment of receipt.

17. ENTIRE AGREEMENT

These General Terms and Conditions express the entire obligations of the Company and the User. The fact that one party does not invoke a breach by the other of any of the obligations referred to herein shall not be interpreted as a waiver of that obligation for the future.

18. PARTIAL INVALIDITY

If one or more provisions of these General Terms and Conditions are held to be null, deemed unwritten or declared as such pursuant to a law, regulation or a final decision by a competent court, the other provisions shall remain in full force and effect and remain fully applicable, unless the invalid provisions were of a substantial character and their disappearance undermines the contractual balance.

19. APPLICABLE LAW – COMPETENT JURISDICTION

These General Terms and Conditions are drafted in French. If translated into one or more foreign languages, only the French text shall prevail in case of dispute.

These General Terms and Conditions are governed by French law.

In case of dispute over the interpretation or performance of these General Terms and Conditions, the Parties will make reasonable efforts to reach an amicable resolution.

Failing an amicable solution, any dispute between the Parties shall be under the exclusive jurisdiction of the Commercial Court of Lyon, notwithstanding plurality of defendants, third-party claims or summary proceedings.

ANNEX 1

Posting Rules for Advertisements on the Site and the Application

Internet Users pay particular attention to the quality and freshness of the Advertisements presented to them. The most important criteria for the Internet User are:

  • the description of the Advertisement;
  • the quality and number of photographs;
  • the location of the Property, at least the postal code and city, as well as the neighborhood;
  • legal notices, in particular those required by Hoguet, ALUR and Pinel regulations.

In a constant concern for efficiency and quality of the Advertisement, our Service may remove from publication any part of an Advertisement that does not comply with our Posting Rules.

The published Advertisement must meet the following criteria:

- the advertisement description must present the Property exclusively

The Advertisement must detail only the criteria of the Property offered for sale.

The Advertisement description must not be used as an advertising space for the Professional Advertiser. Products, services and reserved fields are available to Professional Advertisers to present their activities and contacts.

- the description must therefore be free of the following information:

  • contact details (phone, email, address…);
  • URL of the Professional Advertiser’s website;
  • promotion of services offered by the Professional Advertiser (loan offers…);
  • presentation of the Professional Advertiser and their activities;
  • seeking mandates, partners or employees…;
  • generalist text offering various properties and services.

- the Property presented must always be available for sale

Indeed, Advertisements and photos of properties sold, rented or under a sale agreement cannot be published in the standard Advertisement feed.

- Property location

o property address or geolocation coordinates

The full address of the Property and/or its geolocation coordinates must be provided when submitting the Advertisement.

These coordinates allow, among other things, (i) to enrich information about the Property (e.g., proximity to schools, public services, transport…) and to locate it precisely in the correct neighborhood, and (ii) to offer the Internet User map-based search.

It is therefore important for the User experience and the performance of your Advertisements.

If the Professional Advertiser provides the Property address or geolocation coordinates, these data must correspond to the true location of the Property (with a tolerated margin of error of 100 meters in rural areas). If this rule is not respected, the Company reserves the right not to publish the Advertisement.

- display order of Advertisements within a result list

Advertisements will be published according to the listing order defined in the “How our site works” section of the Site and the Application.

- payment terms for the Price

The default payment method for the Property Price is the Euro. However, for each Advertisement, the Professional Advertiser may decide whether the Price of the Property may also be paid in digital assets. The Digital Assets supported by the Platform and the Site and that may be accepted as payment methods for the Price of a Property will be indicated when the Advertisement is published.

- the Price shown on the Advertisement must be the total amount payable by the acquiring Internet User

Thus, in the case of a sale, the total Price must include agency fees including VAT, if these are payable by the acquiring Internet User. In such case, a dedicated field will specify the amount of fees as a percentage including VAT of the Price excluding fees. Advertisements showing an incorrect Price in the “Price” field provided for this purpose will be refused by our Services, even if the real Price is specified in the description text of the Advertisement. The Price will always be indicated in Euros, even if only Digital Assets are accepted as payment. Only the Price in Euros is binding.

- compliance with mandatory input fields

For each transaction type and Property type, mandatory input fields are required to enable publication of Advertisements. In the absence of entry or if entries are inconsistent with the Property criteria (example: publishing an apartment under property type “house”; surface of 1 m²...), the Advertisement cannot be published.

The main mandatory fields are:

  • transaction type;
  • property type;
  • postal code;
  • city;
  • title;
  • price;
  • accepted payment method;
  • number of rooms (residential properties);
  • surface area (excluding parking).

- the Advertisement must be non-discriminatory and respectful of good morals

Any Advertisement will be refused as soon as it contains discriminatory elements restricting access to the sale of the Property, elements contrary to legal or regulatory provisions or to good morals.

DWELLY reserves the right not to publish or to cease publishing, without notice, Advertisements that do not comply with any of the posting rules set out in these Posting Rules, which the Professional Advertiser acknowledges and accepts unreservedly.

ANNEX 2

Risks Related to Digital Assets

DWELLY draws Users’ attention to the risks related to Digital Assets that may be used in a real estate transaction when buying/selling a Property.

- Price Volatility:

Digital Assets, such as cryptocurrencies, are known for high volatility, which can result in significant financial losses.

- Security and Fraud:

Digital Assets can be subject to cyberattacks, hacks and fraud, endangering Users’ funds.

- Regulation and Compliance:

Regulatory frameworks regarding Digital Assets vary from country to country and can change rapidly, creating legal uncertainty.

- Loss of Private Keys:

Losing private keys required to access Digital Assets can lead to irreversible loss of those assets.

- Market Manipulation:

Digital Asset markets may be subject to manipulation, such as pump-and-dump schemes, artificially affecting prices.

- Lack of Investor Protection:

Unlike traditional financial assets, Digital Assets often do not benefit from the same regulatory investor protections.

- Technological Risks:

Digital Assets depend on blockchain technology and its infrastructures, which may present technical vulnerabilities.

- Liquidity Risks:

Digital Asset markets may lack liquidity, making it difficult to buy or sell assets at desired prices.

- Forks and Protocol Updates:

Protocol changes, such as blockchain forks, can create uncertainty and affect the value of Digital Assets.

- Legal Risks:

Use of Digital Assets may expose users to legal risks, including taxation and anti-money laundering issues.

- Failures of Exchange Platforms:

Digital Asset exchange platforms may fail or be hacked, resulting in losses for Users.

- Opacity and Complexity:

The complex and often opaque nature of Digital Assets can make it difficult for investors to understand associated risks.

These risks underscore the importance of exercising caution and due diligence before investing in Digital Assets.