Terms of Service

These Terms of Service are a public offer by SYSTEMER LLC (ТОВ «СИСТЕМЕР», Ukrainian company code 46112328, "we" or "the Provider") within the meaning of Articles 633 and 641 of the Civil Code of Ukraine. They set out how an agency or an agent ("the Customer") and the people of its team use Realtory.

By registering an agency on realtory.app (with an email and password or with Google) or by paying for a plan, the Customer fully accepts these Terms. The agreement is concluded in electronic form under the Law of Ukraine "On Electronic Commerce". If you do not agree with the Terms, do not use the service.

1. Definitions

• Service, Realtory: the real estate CRM, the realtory.app website, agency and office addresses, public property and selection pages, the service's emails.
• Customer, agency: a sole proprietor, a legal entity or an individual who registered an agency in the Service.
• Agency owner: the person who registered the agency. They manage the plan and payment and act on behalf of the Customer.
• User: anyone with a login to the agency's CRM: the owner, the director, office heads, agents.
• Agency data: everything Users enter or import into the CRM.
• Plan: the set of features and the price described on the Pricing page.

2. Subject of the agreement

We give the Customer access to the Service over the internet on the terms of the chosen Plan, and the Customer pays for it under these Terms. We grant a right to use the Service (a non-exclusive licence) for the term of the Plan, worldwide, without the right to pass it on to third parties other than the Users of the Customer's agency.

3. Registration and accounts

• The Service may be used by people aged 18 and over.
• The Customer provides true information on registration and keeps it up to date.
• Every User has their own login. A password must not be shared with other people.
• The agency owner decides whom to invite to the team, which roles and access to give and when to turn access off. The Customer is responsible for what its Users do in the Service.
• If you notice someone else has used your login, change your password and write to us at hello@realtory.app.

4. Trial

After registration the agency gets 14 days of the chosen Plan free of charge, with no card. The Plan can be changed during the trial. If the Customer does not pay for a Plan by the end of the trial, the CRM closes until payment, and the agency data is kept.

5. Plans and payment

• Plan prices are shown on the Pricing page in US dollars. The cost for a particular agency depends on the number of people and offices and is shown in Settings → Plan and billing.
• Payment is made by card through plata by mono (JSC Universal Bank) in Ukrainian hryvnias at the official National Bank of Ukraine rate on the day the payment is set up, rounded up to a whole hryvnia.
• Payment can be monthly or yearly. A yearly payment costs the same as 10 months.
• If a subscription with automatic renewal is set up, the bank charges the same amount at the start of each following period. The agency owner can turn automatic renewal off at any time in Settings → Plan and billing; the days already paid for remain.
• A paid period starts on the day of payment. The Plan takes effect as soon as the bank confirms the payment.
• If no payment arrives after a paid period ends, the Service keeps working for 7 more days, then the CRM closes until payment. The agency data is not deleted.
• We may change Plan prices by notifying the agency owner by email at least 30 days in advance. A new price does not apply to a period already paid for.
• The bank's receipt and the "Payment received" email confirm the payment.

6. Refunds

A paid period is not refunded just because the Customer stopped using the Service. We will refund the unused period if:

• a payment was charged by mistake or twice;
• the Service was unavailable through our fault for more than 72 hours in a row;
• the Customer withdraws from the agreement within 14 days of the first payment.

To get a refund, the agency owner writes to hello@realtory.app. We review the request within 10 business days and refund to the same card.

7. Agency data

• Agency data belongs to the Customer. We claim no rights to it and use it only to make the Service work.
• For the personal data the agency keeps in the CRM (owners, clients, contacts), the Customer is the controller and we are the processor acting on the Customer's instructions. These Terms together with the Privacy Policy are the instruction for such processing.
• The Customer is responsible for having a lawful basis to process the data of its clients and property owners (including their consent where required) and for the content the team enters into the CRM.
• The Customer can export its database at any time in Settings → Import and export.
• How we store, protect and delete data is described in the Privacy Policy.

8. What is not allowed

When using the Service you must not:

• break the law, including data protection and advertising laws;
• send spam through the Service or mislead people;
• upload other people's material without the right to do so;
• try to access other agencies' data or get around Plan or role limits;
• load the Service with automated requests, or take apart or copy its code;
• resell access to the Service without our written consent.

If the Customer or one of its Users breaks these rules, we may restrict access to the Service after notifying the agency owner, or without notice where the security of the Service or of other agencies is at risk.

9. Intellectual property

The Service, its code, design, the Realtory name and mark belong to SYSTEMER LLC. These Terms do not transfer them to the Customer; they only give the right to use the Service.

The logo, mark, colours and other brand materials the agency uploads to the Service remain its property. The Customer allows us to show them in the agency's CRM, on its pages and in emails while the agreement is in force.

10. Availability and changes to the Service

• We aim to keep the Service running without interruption, but do not guarantee uninterrupted operation. Breaks are possible for updates, and because of failures of providers or networks or circumstances beyond our control.
• We keep developing the Service: adding features and changing screens. We describe important changes in "What's new". If we remove a feature included in a paid Plan, we will tell the agency owner in advance.
• The Service is provided "as is". We do not guarantee it will meet all of the Customer's expectations and are not responsible for the outcome of deals made with its help.

11. Liability

• The parties are liable for breach of the agreement under the law of Ukraine.
• Our total liability to the Customer is limited to the amount the Customer paid for the Service in the 3 months before the event that caused the loss.
• We are not liable for lost profit, lost clients or deals and other indirect losses, nor for the consequences of actions of the agency's Users, wrongly granted access or disclosed passwords.
• The parties are released from liability in circumstances of force majeure certified as required by law.

12. Term and termination

• The agreement is in force from the registration of the agency for as long as the agency uses the Service.
• The Customer can stop using the Service at any time: turn off automatic renewal and, if they wish, ask for the agency to be deleted by writing to hello@realtory.app.
• We may terminate the agreement if the Customer materially or repeatedly breaches these Terms, by notifying the agency owner by email.
• After termination, agency data is kept and deleted as described in the Privacy Policy. Until deletion the agency owner can export the database.

13. Changes to the Terms

We may change these Terms. The new version is published on this page with the date it takes effect. We notify the agency owner of material changes by email at least 14 days in advance. If the Customer keeps using the Service after that date, they accept the new version.

14. Governing law and disputes

The agreement is governed by the law of Ukraine. The parties settle disputes through negotiation and, failing agreement, in court under the law of Ukraine. If the Customer is a consumer in another country, they keep the rights the law of that country gives them.

The Terms are made in Ukrainian and English. In case of discrepancies the Ukrainian version prevails.

15. Provider details

• Recipient: SYSTEMER LLC (ТОВ «СИСТЕМЕР»)
• Company code (EDRPOU): 46112328
• IBAN: UA703220010000026004700012485
• Bank: JSC UNIVERSAL BANK (АТ «УНІВЕРСАЛ БАНК»)
• MFO: 322001
• Bank's EDRPOU code: 21133352
• Email: hello@realtory.app