Terms of Service

EcoMark is a subscription platform for real estate agencies. It provides a workspace in which an agency manages leads and contacts, properties and listings, media and documents, appointments, portfolios, links and QR codes, email and WhatsApp Business messaging, analytics, and the EcoMark AI assistant.

We provide the platform and nothing more. We do not act as an estate agent, broker or adviser, we are not a party to any transaction you conduct using it, and we do not verify the accuracy of the listings, prices or client records a workspace contains.

You must be at least 18 years old and legally able to enter into a contract. EcoMark is offered for professional use by agencies and their staff; it is not a consumer product.

You must not use EcoMark if you are barred from doing so under the sanctions or export control laws that apply to you, and you must not use it from a country subject to comprehensive trade sanctions.

You sign in with an email address and password, or with Google if your agency permits it. Email addresses are verified before an account becomes active, and password resets and workspace invitations are issued as single-use links that expire.

Your credentials are personal. Do not share them, do not let anyone else use your account, and choose a password you have not used elsewhere. You are responsible for what is done through your account until you tell us it has been compromised.

Tell us at [privacy@ecomark.example] as soon as you suspect unauthorised access. We may reset credentials or suspend an account without notice where that is necessary to contain a security problem.

Each agency has its own workspace, isolated from every other. The agency that subscribes owns the workspace and the content in it.

There are two roles. Administrators manage the workspace — billing, team membership, invitations, connected services, published content and settings — and can see every record in it. Agents work in the workspace and see the records assigned to or created by them, according to the permissions attached to their role.

Administrators can invite, suspend and remove members, reassign their records, and read anything in the workspace, including work an agent has done. If you use a workspace that someone else administers, assume your administrator can see your work there.

Where your right to use a workspace comes from the agency, your access ends when the agency ends it. Disputes about who owns a workspace or its content are between the people who claim it; we act on the instructions of the account we hold as the subscriber.

You agree not to do any of the following, and not to let anyone do it through your account.

• Store or send anything unlawful, defamatory, harassing, deceptive or infringing.
• Message people who have not agreed to be contacted where consent is required, or ignore an opt-out.
• Publish listings you are not authorised to market, or misrepresent a property's price, condition, ownership or availability.
• Upload malware, or probe, breach or overload the service, or attempt to reach a workspace that is not yours.
• Copy, scrape or resell the platform, reverse-engineer it, or use it to build a competing product.
• Share an account, resell access, or exceed the seats on your plan by rotating users through one login.
• Use EcoMark AI to generate content that is unlawful, that impersonates a real person, or that you present as human-reviewed when it has not been reviewed.
• Remove or obscure any proprietary notice in the product.

We may investigate suspected misuse and remove content or suspend access where that is necessary to protect the service, other customers, or a person at risk. Where the circumstances allow it, we tell the workspace administrator first and give them a chance to put it right.

Everything your agency puts into its workspace — client records, listings, photographs, documents, messages, and the drafts EcoMark AI produces for you — is yours. We claim no ownership of it.

So that we can run the service, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, adapt and display that content, and to sub-license it to the sub-processor categories named in the Privacy Policy, strictly for the purpose of operating, securing and supporting EcoMark for you. The licence ends when the content is deleted, apart from copies in backups pending their normal expiry.

You confirm that you hold the rights to the content you upload, that you have a lawful basis for the personal data in it, and that publishing it breaches no one's rights. Photographs and floor plans are often licensed rather than owned; checking that is your responsibility.

For data protection purposes your agency is the controller and EcoMark is the processor of workspace content, as set out in the Privacy Policy. Our processing instructions come from your use of the product and from your subscription.

EcoMark AI can read the records in your workspace that your role permits, draft content, and — with your approval — carry out actions such as sending a message, publishing a listing or updating a record.

Its output is generated by statistical models. It can be inaccurate, incomplete, biased or out of date, and it may state something confidently that is simply wrong. Treat every output as a draft. You are responsible for reviewing anything before you send it, publish it or act on it, and for the consequences if you do not.

EcoMark AI does not provide legal, tax, valuation, financial or regulatory advice. Do not use it in place of a qualified professional, and do not rely on it to meet a compliance obligation that falls on you or your agency.

Actions we classify as sensitive require explicit human approval before they execute. You must not attempt to circumvent that step or configure the product so that unreviewed output leaves your workspace.

Output is not guaranteed to be unique: a similar prompt may produce similar text for another customer, and we give no warranty that output is free of third-party rights.

We may change the models we use, the limits that apply and the way credits are counted as the technology develops. We will not make a change that materially reduces what your current plan provides during a period you have already paid for.

Subscriptions are billed in advance for the period you choose and renew automatically until cancelled. Cancelling stops the next renewal; it does not refund a period already paid for.

Payments are taken by a third-party payment processor. We never see or store your full card number. You are responsible for keeping a valid payment method on file and for the accuracy of your billing details.

• AI features are metered in credits. Some are included in your plan and more can be bought as a top-up.
• Credits are consumed when a task runs, including a task whose output you decide not to use. They are not a currency, cannot be transferred between workspaces, and cannot be exchanged for cash.
• Credits are non-refundable, except where the law that applies to you requires a refund, or where a task failed because of a fault in our service — in which case we return the credits it consumed.
• Prices exclude VAT and other taxes unless stated otherwise; where we are required to charge tax it is added to your invoice.
• We may change prices with at least 30 days' notice before the change applies to your next renewal. If you do not accept a new price, cancel before it takes effect.
• If a payment fails we retry and notify the administrator. Persistent non-payment may lead to suspension and, after a further notice period, to termination and deletion of the workspace.

EcoMark connects to services you choose: Google for sign-in, email delivery, WhatsApp Business messaging, calendar integrations, and a payment processor. Connecting one means giving EcoMark permission to act on your behalf within the scope you approve, and you can withdraw that permission by disconnecting.

Those services have their own terms, privacy policies and operating rules — messaging providers in particular impose template approval, opt-out handling and quality requirements. Complying with them is your responsibility, and a breach of their rules can cause them to disable your connection, which is outside our control.

We are not responsible for the availability, accuracy or acts of a third-party service, and a change or outage on their side is not a breach of these terms by us.

EcoMark — its software, interface, design, documentation, name and marks — belongs to us and to our licensors. Your subscription grants a limited, non-exclusive, non-transferable right to use the service during the subscription term. Nothing else is transferred, and all rights not expressly granted are reserved.

If you send us feedback, ideas or suggestions, we may use them to improve the product without any obligation or payment to you.

Each of us may learn confidential information from the other: your workspace content, client lists and business plans on your side; our non-public technical, security and commercial information on ours.

Each of us will protect the other's confidential information with at least reasonable care, use it only for the purposes of this agreement, and disclose it only to people who need it and are bound to keep it confidential.

This does not apply to information that is public through no fault of the receiving party, was already lawfully known to it, is independently developed without reference to the other's information, or must be disclosed by law — in which case, where it is permitted, the other party is told first.

We aim to keep EcoMark available and to support it during business hours, and we announce planned maintenance in advance where we can.

Unless your subscription includes a written service level agreement, the service is provided without an availability commitment. Features may be added, changed or withdrawn as the product develops, subject to the section “Changes to the service and to these terms”.

To the fullest extent permitted by law, EcoMark is provided “as is” and “as available”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the service will be uninterrupted, error-free or secure, or that EcoMark AI output will be accurate, complete or fit for your purpose.

Nothing in these terms excludes a warranty, right or remedy that cannot lawfully be excluded. Where you deal with us as a consumer, your statutory rights are unaffected.

Neither party excludes or limits its liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, neither party is liable for indirect or consequential loss, nor for loss of profit, revenue, goodwill, anticipated savings or business opportunity, nor for loss or corruption of data to the extent it could have been avoided by keeping your own copy — whether the claim arises in contract, tort or otherwise, and even if the possibility was known.

Subject to the paragraphs above, each party's total liability arising out of or in connection with this agreement in any twelve-month period is limited to the amount the agency paid EcoMark for the service in the twelve months before the event giving rise to the claim.

You are responsible for exporting and keeping your own copies of anything you cannot afford to lose.

You will defend and indemnify EcoMark against third-party claims, damages and reasonable costs arising from the content you put into a workspace, from messages sent through the accounts you connect, from your breach of the acceptable use section, from your infringement of a third party's rights, or from your use of EcoMark AI output without the review these terms require.

We will tell you promptly about any such claim, let you control its defence with counsel of your choice, and cooperate reasonably at your expense. You may not settle a claim in a way that imposes an obligation on us without our consent.

You may cancel a subscription at any time from billing settings; access continues to the end of the paid period.

We may suspend an account or a workspace immediately where there is a security risk, unlawful activity, a serious breach of the acceptable use section, or an invoice that remains unpaid after notice. We restore access once the cause is resolved.

Either party may terminate for a material breach that is not cured within 30 days of written notice.

On termination, administrators can export workspace content for 30 days. After that, the workspace and its content are deleted on the schedule set out in the Privacy Policy.

Sections that by their nature should survive termination do survive it: licences already granted for backups pending expiry, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity and governing law.

We improve EcoMark continuously; features change and occasionally one is retired. We will not remove a material feature your plan depends on during a paid period without offering a comparable replacement or a pro-rata refund for the remainder of that period.

We may amend these terms. Material changes are notified to workspace administrators by email and inside the product at least 30 days before they take effect. Using EcoMark after that date means you accept the amended terms; if you do not accept them, cancel before the date and we will refund the unused part of the period.

These terms, and any dispute or claim arising out of or in connection with them, are governed by the law of [Governing law / jurisdiction], and the courts of [Governing law / jurisdiction] have exclusive jurisdiction — without prejudice to any right you have as a consumer to bring proceedings in your country of residence.

Before starting proceedings, please contact us at [privacy@ecomark.example] so that we can try to resolve the matter directly. Most problems are settled quickly this way.

These terms, the Privacy Policy and your subscription order form the entire agreement between us and replace anything said or written before. If a provision is found unenforceable, the rest continues to apply. Neither party may assign this agreement without the other's consent, except to a successor of substantially the whole of its business.

[Legal entity name], [Registered address].

Questions about these terms, and notices given under them, go to [privacy@ecomark.example].