TERMS AND PRIVACY

Effective Date: June 24, 2023


1. AGREEMENT

    1.1 Definitions of Entities
    1. For the purposes of this Agreement, “Prop-AI” shall refer collectively to the following entities, each with distinct responsibilities and legal standings:
    2. a. Prop-AI Tech Ltd., a company incorporated under the laws of the Dubai International Financial Centre (DIFC), which is exclusively engaged in the development of software, algorithms, and machine learning and artificial intelligence models.
    3. b. P A I Real Estate LLC, a company registered with the Dubai Economic Department (DED) under trade license number 1198280 and holding a Real Estate Regulatory Agency (RERA) License number 36372. P A I Real Estate LLC is solely responsible for conducting all real estate-related activities as permitted under its licensing.
    4. Hereinafter, the terms “Prop-AI Tech Ltd.” and “P A I Real Estate LLC” may be collectively referred to as “Prop-AI” within this document, recognizing the distinction in their respective roles and functions.
    1.2 Prop-AI owns and operates the internet websites at prop-ai.com (the “Website”). By accessing and using the Website, you are expressly consenting to these Terms of Use that are effective as of the date and time you use or access the Website (the “Terms”). Please read these Terms carefully before accessing or using the information and services available through this Website.
    1.3 These Terms will constitute a legal agreement between “you” (the user of the Website) and Prop-AI. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using the Website.
    1.4 These Terms may be modified or revised at any time without notice. By using this Website, you are agreeing to be bound by the then current version of the Terms. If you do not agree with any of the Terms or any change to the Terms, then you must immediately stop using the Website.
    1.5 The Buyer Portal referred to in Clause 3, and the Owner Portal referred to in Clause 4 are subject to additional terms conditions. By using the Buyer Portal, you agree to be bound by these Terms, including the additional terms set out in Clause 3 and Clause 4.
    1.6 Please refer to our Privacy Policy in Clause 6 and Cookies Policy in Clause 7 for information about how we use your data.

2 USE OF WEBSITE CONTENT

    2.1 All information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, “Website Content”) is provided to you as a service to allow you and other users to browse the Website Content.
    2.2 Except as provided otherwise in Clauses 3 and 4, you are only permitted to access and use the Website for your personal, non-commercial purposes, and you must not:

      (a) modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;

      (b) use the Website in violation of any applicable law or regulation;

      (c) use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Prop-AI or others or violate the privacy, publicity or other personal rights of others;

      (d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;

      (e) access data not intended for you or logging into a server or account which you are not authorised to access;

      (f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

      (g) copy or adapt the code created to generate any Website Content or the pages making up the Website;

      (h) use the Website Content to impersonate or otherwise misrepresent your identity or affiliation with Prop-AI or any other person or entity;

      (i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;

      (j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or

      (k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
    2.3 You may download or copy the Website Content only for your own personal, non-commercial use, provided that you maintain and include all copyright and other notices contained in such Website Content. You shall not store electronically any portion of the Website Content. You may not copy, store, redistribute or publish any Website Content without the express written permission of Prop-AI or the owners of the Website Content (as the case may be). Any unauthorized use or reproduction of the Website Content is strictly prohibited.
    2.4 Prop-AI is not responsible for any Website Content posted on the Website and reserves the right to change or remove any content it sees fit.

3 BUYER PORTAL TERMS & CONDITIONS

    3.1 Prop-AI, owns and operates the Property Buyer Portal at www.prop-ai.com (the “Buyer Portal”) on which we provide information and services relating to property buying (the “Properties”).
    3.2 By accessing and using the Buyer Portal, you are expressly consenting to the Terms, including the terms and conditions outlined in this section on the Buyer Portal that are effective as of the date and time you use or access the Buyer Portal. Please read the Terms carefully before accessing or using the information and services available through the Buyer Portal.
    3.3 Prop-AI is a real estate buying brokerage licensed by DLD under RERA number 36372, and provides services to real estate Buyers. Prop-AI helps Buyers to find relevant Properties based on their search criteria and connect with Owners and their Agents. Owners and their Agents are responsible for Content related to their Properties ( “Property Details”).
    “Agent” means a person or entity authorized to act for and on behalf of the Owner and can bind the Owner.
    3.4 Prop-AI does not provide financial, investment or other advice in relation to the Properties shared with Buyers nor provides a recommendation or endorsement of Service Providers. Prop-AI does, however, score properties and provide data, information and tools for Buyers to assess the investment case for Properties.
    3.5 Buyer Portal services are free to use for the Buyers. Prop-AI receives a fee and/or commission from the Buyer or Service Provider only when the Buyer uses Prop-AI Services to purchase their Property or products.
    For Users of the Buyer Portal
    3.6 Property Details are hosted by Prop-AI in good faith, and we do not verify material researched from public sources or provided by Owners and their Agents. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Property Details.
    3.5 You acknowledge that:

        (a) you are responsible for checking, confirming and satisfying yourself about the accuracy of any and all Property Details;

        (b) you are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase; and

        (c) you are responsible for ensuring that you act in good faith towards any other parties.

    For Owners and their Agents
    3.6 Owners and their Agents who provide Website Content on to the Buyer Portal;

        (a) grant Prop-AI the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to commercialise, use, copy, reproduce, distribute, license to other persons, perform, display or modify and adapt the Website Content you generate or submit for any purpose;

        (b) warrant that they are the holder of the rights in the Website Content that they provide and are authorised to make the Website Content available;

        (c) permit any other user of the Buyer Portal to access, display, view, store and reproduce such Website Content;

        (d) will only list Properties on the Buyer Portal which are currently available for purchase and ensure that any particular Property is only listed once;

        (e) warrant that they will, within 72 hours of a sale contract being entered into for a Property, remove that Property from the Buyer Portal;

        (f) ensure that no other person, authorised or otherwise makes use of their access to the Buyer Portal in breach of these Property Terms;

        (g) ensure that the Website Content they post is not unlawful or posted for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose Prop-AI to any liability, legal proceedings or other sanctions;

        (h) ensure that they do not make, arrange, or authorise the insertion of any reference to Prop-AI, the Buyer Portal or the Website in any document (including promotional or merchandising material) or any other website, without Prop-AI prior written consent;

        (i) acknowledge that Prop-AI is under no obligation to monitor or censor the material that appears on the Buyer Portal (whether generated by you or others), however Prop-AI reserves the right to do so and may penalise content which it deems unfit;

        (j) acknowledge the disclaimers and limitation of liability contained in Clause 12;

        (k) acknowledge that they are responsible for the security and integrity of their data and that Prop-AI is not responsible for any errors or omissions in any Website Content that they provide or that is provided on their behalf;

        (l) warrant that they will comply with all applicable laws, rules and regulations; and

        (m) agree to comply with all reasonable instructions of Prop-AI and all relevant laws in relation to their use of the Buyer Portal.

    4 OWNER PORTAL TERMS & CONDITIONS

      4.1 Prop-AI also owns and operates the Property Owner Portal at www.prop-ai.com (the “Owner Portal”) on which we provide information and services relating to personal ownership of properties.

      4.2 By accessing and using the Owner Portal, you are expressly consenting to the Terms, including the terms and conditions outlined in this section on the Owner Portal that are effective as of the date and time you use or access the Owner Portal. Please read the Terms carefully before accessing or using the information and services available through the Owner Portal.

      4.3 Owners are responsible for preparing the Owner Portal Content related to their Properties ( “Ownership Details”).

      4.4 Owners acknowledge that, you are responsible for checking, confirming and satisfying yourself about the accuracy of any and all information on the Owner Portal;

      4.5 Ownership Details are hosted by Prop-AI in good faith and we may not verify all material produced by Owners. Owners are responsible for the information shown and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Owner Portal.

      For Owners
      4.6 Owners who post Website Content on to the Owner Portal;

        (a) grant Prop-AI the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to commercialise, use, copy, reproduce, distribute, license to other persons, perform, display or modify and adapt the Website Content you generate or submit for any purpose;

        (b) warrant that they are the holder of the rights in the Website Content that they post and are authorised to make the Website Content available;

        (c) ensure that no other person, authorised or otherwise makes use of their access to the Owner Portal in breach of these Owner Portal Terms;

        (d) ensure that the Website Content they post is not unlawful or posted for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose Prop-AI to any liability, legal proceedings or other sanctions;

        (e) acknowledge that Prop-AI is under no obligation to monitor or censor the material that appears on the Owner Portal (whether generated by you or others), however Prop-AI reserves the right to do so and may penalise content which it deems unfit;

        (f) acknowledge the disclaimers and limitation of liability contained in Clause 12;

        (g) acknowledge that they are responsible for the security and integrity of their data and that Prop-AI is not responsible for any errors or omissions in any Content that they provide or that is provided on their behalf;

        (h) warrant that they will comply with all applicable laws, rules and regulations; and

        (i) agree to comply with all reasonable instructions of Prop-AI and all relevant laws in relation to their use of the Owner Portal.

5. BUYER AND OWNER PORTAL ACCOUNTS

    5.1 In order to access the Portals, you need to create an account with us. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of Prop-AI's Terms of Use, which may result in immediate termination of your account on our Service.
    5.2 You are responsible for safeguarding the password that you use to access the Portals and for any activities or actions under your password, whether your password is with our Service or a third-party service. Accounts and the access credentials to utilize them must not be shared. You agree not to disclose your password, passcode or Personal Identification Number to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Any breach of the above requirements constitutes a breach of the Terms, and may result in immediate termination of your account on our service.

6. PRIVACY POLICY

    6.1 It is the policy of Prop-AI to respect the privacy of our Website Users. Whenever and wherever possible, Prop-AI will treat the information you provide with utmost care and confidentiality, in accordance with and any applicable laws.
    6.2 The information provided by you will be processed in accordance with the Prop-AI Online Data Protection Policy, available here: www.prop-ai.com/privacy.

7. COOKIES POLICY

    A cookie is a small text file that is unique to the web browser on your computer or mobile device, which is used to retain user preferences, and enhance browsing experience ( “Cookie”). Prop-AI uses Cookies to track overall site usage and enables us to provide a better user experience. The use of Cookies is addressed in the Prop-AI Online Data Protection Policy, available here: www.prop-ai.com/privacy.

8. EXTERNAL LINKS

    The Website or Buyer and Owner Portal (“Portals”) may contain links to other websites on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by Prop-AI of the contents on such External Sites. You acknowledge that Prop-AI is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third-party websites, you do so at your own risk. Prop-AI does not accept any liability and shall not be liable to you for any loss or damage arising from or as a result of your acting upon the content of another website to which you may link from the Website or Portals.

9. INTELLECTUAL PROPERTY

    Except as otherwise expressly stated, Prop-AI owns or is an approved licensee to the copyright and all other intellectual property contained on the Website or Portals, and the Website Content, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to Prop-AI, unless otherwise noted. The Marks on the Website and/or Portals are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior written authorization of Prop-AI, except for the sole purpose of identifying the products or services originating from the Prop-AI.

10. INDEMNITY

    You agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to: your use of this Website (including, by third parties); your breach of these Terms or any other terms referenced herein your violation of any law or the rights of a third party.
    “Indemnified Parties” means Prop-AI, its affiliates and their respective officers, directors, owners, agents, employees, information providers and copyright owners.

11. TERMINATION OF SERVICE

    Prop-AI reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website and/or Portals at any time for any reason without prior notice or liability. Prop-AI may change, suspend or discontinue all or any aspect of the Website and/or Portals at any time, including the availability of any feature, database, Website Content, or App Content without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 of these Terms. Except as otherwise expressly stated in these Terms, Prop-AI shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.

12. DISCLAIMERS OF WARRANTIES & LIMITATION OF LIABILITY

    12.1 The Website, the Portals, the Website Content and the Portals Content is provided for information purposes only and should not be used as a basis for making business decisions nor should it be regarded by you as a substitute for specific professional advice. Prop-AI makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on the Website, which is subject to change at any time without notice.
    12.2 The Website, the Portals, the Website Content and the Portals Content are provided on an “AS-IS”, “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. Prop-AI expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
    12.3 Prop-AI and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in any way connected with, the use or inability to use the Website, the Portals the Website Content and the Portals Content, or inability to enter into an agreement for the sale of any Property presented on the Portals, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Prop-AI is advised of the possibility of such damages.
    12.4 Without limiting the above Clause 12.3, Prop-AI does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any Owner, Agent, Advertiser or third-party advertiser in any way.
    12.5 The material appearing on our Website and/or Portals may include technical, typographical or photographic errors. Prop-AI does not represent, warrant or endorse that any of the Website Content and/or Portals Content is accurate, complete, reliable or current. Prop-AI may make changes to the materials contained on the Website and/or Portals at any time without notice. You acknowledge that any reliance upon such Website Content and/or Portals Content shall be at your sole risk.
    12.6 Prop-AI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or the Portals or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.
    12.7 Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favouring by Prop-AI. The views and opinions of document authors do not necessarily state or reflect those of Prop-AI or any of its affiliates.

13. DISCLAIMERS OF WARRANTIES & LIMITATION OF LIABILITY

    13.1 These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document, or anything said or done by or on behalf of another party before this document was executed.
    13.2 Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
    13.3 These Terms as well as your access to the Website and Portals is subject to, governed and construed in accordance with the laws of Dubai, United Arab Emirates for the time being in force and without giving effect to conflicts of law principles thereof. Any dispute regarding this Policy or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the courts of Dubai.