Terms of Service

1. Description of the service

Camilia is a Software as a Service (SaaS) customer relationship management (CRM) platform designed specifically for professional real estate agents and agencies. The service includes, among other features:

• Lead management and tracking (potential clients).
• Property and offer management.
• Client communication via integrated WhatsApp.
• Artificial intelligence assistant for drafting communications, proposals and reports.
• Automatic transcription of calls and voice notes.
• Notifications and alerts on lead activity.
• Dashboard and commercial activity statistics.

Camilia is provided over the Internet and is available from any modern web browser. We reserve the right to add, modify or remove service features at any time, communicating with as much reasonable advance notice as possible to affected users.

2. Acceptable use

Camilia is intended for professional real estate agents, agencies, and property owners operating legally in Spain and the European Economic Area. By registering, you represent and warrant that:

• You are a real estate professional carrying out your activity in accordance with the regulations in force in your country of establishment.
• You have the legal capacity to enter into binding contracts and, if acting on behalf of a company, you are duly authorised to bind that company.
• The information you provide during registration and use of the platform is truthful, accurate and up to date.
• You will use the service solely for legitimate commercial purposes related to your real estate activity.
• You will comply with all applicable data protection regulations (GDPR) regarding the personal data of your clients that you enter into the platform, as you are the data controller for such data vis-a-vis your clients.

3. Prohibited conduct

The use of Camilia for the following activities is expressly prohibited:

Failure to comply with any of the above prohibitions may result in the immediate suspension or cancellation of your account, without prejudice to any legal actions that may be applicable.

4. User accounts and responsibility

To access Camilia, you must create a personal account. You are responsible for:

• Maintaining the confidentiality of your access credentials (email address and password) and not sharing them with third parties.
• All activity occurring under your account, regardless of whether it was carried out by you or by someone who accessed it using your credentials.
• Notifying us immediately at hola@camilia.io if you suspect your account has been compromised or accessed without authorisation.
• Keeping your contact and billing information up to date on the platform.

Camilia reserves the right to suspend or cancel accounts that breach these Terms of Service, that show suspicious or fraudulent activity, or whose access could pose a risk to the security of the platform or other users.

Each account is personal and non-transferable. If you wish to add additional team members, you must do so through the team management features available in your corresponding plan.

5. Plans, pricing and billing

Camilia offers the following subscription plans:

Prices shown are in euros and do not include VAT or other applicable taxes. The applicable tax based on the customer's country of residence will be automatically calculated and added during the payment process via Stripe Tax, in accordance with current tax regulations. The issued invoice will reflect the base price and taxes separately. Billing is monthly in advance. Camilia will issue an electronic invoice for each billing period, available in your dashboard.

We reserve the right to modify plan prices with a minimum notice of 30 calendar days. Price changes will not affect the current billing period at the time of announcement.

6. Cancellation and refund policy

You may cancel your subscription at any time from the settings section of your account, without prior notice and without penalty. The cancellation will take effect at the end of the current monthly billing period, with access to the service maintained until that date.

No refund policy: Camilia does not issue refunds for the remaining time of the subscription period once started, nor for previous periods. This policy applies regardless of the level of use during the billed period.

Exceptionally, a refund may be considered in the following cases:

• A serious technical error attributable to Camilia that prevented use of the service for a significant period, duly documented and verified.
• Duplicate charge or payment processing error.

To request a refund in these exceptional cases, contact us at hola@camilia.io within 14 days of the charge. We will review each request individually.

After cancellation of your account, your data will be retained for 30 calendar days to allow possible reactivation. After this period, data will be permanently deleted, except for billing records required by tax regulations.

Right of withdrawal (consumers): Camilia is intended exclusively for professionals. However, should a final consumer access the service, they will have a period of 14 calendar days from the date of subscription to exercise their right of withdrawal without justification, unless they have expressly requested the start of the service before said period (in accordance with Art. 16(a) of Directive 2011/83/EU). To exercise this right, contact us at hola@camilia.io.

7. User data ownership

You are and will remain the owner of all data you enter into Camilia, including data on your leads, properties, clients and any other information generated in the context of your professional activity.

Camilia will not claim any ownership rights over such data. We grant you a limited licence to store, process and display your data solely for the purpose of providing the contracted service.

You may export your data at any time from your account dashboard in CSV or JSON format. We commit to facilitating access to your data and not retaining it in a way that hinders its portability to another platform.

By using Camilia, you authorise us to process your clients' (leads) data in the capacity of data processor, in accordance with your instructions and as set forth in our Privacy Policy. You, as the data controller vis-a-vis your clients, are responsible for having the appropriate legal basis for processing and for informing your clients as required by the GDPR.

8. Intellectual property

Camilia and all its components (design, source code, logos, trademarks, texts, interfaces, features and underlying technology) are the exclusive property of Camilia or its licensors and are protected by intellectual and industrial property legislation.

These Terms of Service grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the service during the active subscription period, exclusively for the legitimate commercial purposes described in these terms.

Reproduction, distribution, modification, reverse engineering or exploitation of any element of the service without express written authorisation from Camilia is prohibited.

9. Service availability and maintenance

Camilia strives to maintain continuous service availability, but does not guarantee 100% uptime. The service may be interrupted by:

• Scheduled maintenance tasks, of which reasonable advance notice will be given.
• Unforeseen technical incidents in our infrastructure or that of our providers.
• Force majeure events beyond our control.

Our target is to maintain service availability above 99% monthly (excluding scheduled maintenance). We work to resolve any interruption as quickly as possible and maintain proactive communication with affected users via email. In the event of prolonged interruption solely attributable to Camilia, you may request a service credit proportional to the unavailable time by contacting us at hola@camilia.io.

10. Limitation of liability

To the maximum extent permitted by applicable law, Camilia shall not be liable for:

• Indirect, incidental, special, consequential or punitive damages (including loss of profits, data loss, loss of business opportunities or reputational damage) arising from the use or inability to use the service.
• Loss, corruption or unauthorised access to data stored on the platform, provided Camilia has applied the reasonably required security measures.
• Results, recommendations or content generated by artificial intelligence features, which are indicative and do not constitute professional, legal or financial advice.
• The content, accuracy or legality of data entered by you into the platform.
• Service interruptions caused by third-party infrastructure providers (Supabase, Vercel, Twilio, etc.) or force majeure events.

In any event, Camilia's total maximum liability to you for any claim arising from use of the service shall be limited to the total amount you have paid to Camilia during the three months immediately preceding the event giving rise to the claim.

Nothing in these Terms of Service shall exclude or limit Camilia's liability in cases of wilful misconduct, gross negligence, or death or personal injury caused by our negligence, nor any other liability that cannot be excluded by law.

11. Indemnification

You agree to defend, indemnify and hold harmless Camilia and its employees, directors and collaborators from any claim, damage, loss, cost or expense (including legal fees) arising from:

• Your breach of these Terms of Service.
• Your breach of applicable data protection regulations in relation to the personal data of your clients processed through the platform.
• Your illicit or fraudulent use of the service.
• Any third-party claim arising from the data, content or communications you have entered or sent through Camilia.

12. Agent Network and Marketplace

Camilia operates a technology platform ("Agent Network") that enables real estate professionals to publish buyer needs and available properties to facilitate collaboration between agents in different geographic areas.

Camilia is not a real estate agency or broker. Camilia does not participate in real estate transactions, does not advise on prices or conditions, and assumes no responsibility for the outcome of operations between agents.

Each agent is solely responsible for: (a) complying with the real estate regulations of their jurisdiction, (b) verifying the identity and legitimacy of their clients, (c) the accuracy of information published on the network, and (d) compliance with applicable tax regulations.

Referral fees: Users without a real estate license ("collaborators") act exclusively as referrers. A referral fee is compensation for facilitating contact between a buyer and a licensed agent. The collaborator does not participate in negotiation, signing, or closing of the transaction.

Commissions and platform fees: Camilia charges a percentage on commissions generated through the Agent Network. Current rates are: 5% between agents with Pro/Agency plans, 10% for operations involving collaborators, and 0% for each collaborator's first 3 deals. These percentages may be modified with a minimum of 30 days' notice.

Agent verification: Camilia offers a voluntary verification system based on the presentation of real estate licenses. Verification does not constitute a guarantee by Camilia of the competence, solvency, or reliability of the verified agent.

Camilia reserves the right to suspend or block accounts that show signs of fraud, reputation system manipulation, or misuse of the Agent Network.

Disputes between agents arising from operations facilitated through the Agent Network must be resolved directly between the parties. Camilia may, at its discretion, mediate between parties but is not obligated to do so.

13. Voice Call Recording

Camilia integrates AI voice call services (Vapi.ai). By using this feature, you consent to calls being recorded and transcribed for quality, CRM tracking, and service improvement purposes.

Recordings and transcriptions are stored for a maximum of 90 days and can be deleted upon user request.

Voice processing is performed through third-party providers (Vapi.ai, Groq). Please refer to our Privacy Policy for more information on subprocessors.

14. Modifications to the Terms

Camilia reserves the right to modify these Terms of Service at any time. When we make material changes, we will notify you by:

• An email to the address associated with your account.
• A prominent notice on the platform.

Notice will be given at least 15 days in advance of the new terms taking effect. If you do not agree with the changes, you may cancel your subscription before the effective date. Continued use of the service after that date will constitute acceptance of the new terms.

15. Governing law and jurisdiction

These Terms of Service are governed by and construed in accordance with Austrian law, without prejudice to mandatory consumer protection rules that may apply in the user's country of residence.

For the resolution of any dispute or claim arising from the interpretation, performance or enforcement of these Terms of Service, the parties submit to the jurisdiction of the courts of Vienna, Austria, expressly waiving any other jurisdiction that may correspond to them.

Without prejudice to the foregoing, Camilia informs you that the European Commission provides an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr.

16. General provisions

Severability: If any clause of these Terms of Service is declared null, invalid or unenforceable by a competent court, said clause shall be modified to the minimum extent necessary to make it valid and enforceable, without affecting the validity and effectiveness of the remaining terms.

Waiver: Camilia's failure to exercise or delay in exercising any right or action provided for in these Terms of Service shall not constitute a waiver of such right or action.

Entire agreement: These Terms of Service, together with the Privacy Policy and any other document expressly referenced, constitute the entire agreement between you and Camilia regarding the use of the service and supersede any prior agreement on the same subject matter.

Assignment: Camilia may assign its rights and obligations under these terms to a third party in the context of a merger, acquisition or asset sale, with prior notice to you. You may not assign your rights or obligations without prior written consent from Camilia.

17. Data Processing Agreement (Art. 28 GDPR)

In the context of the service provision, you act as the Data Controller of the personal data of your clients and leads that you enter into Camilia. Camilia acts as the Data Processor of such data. The following conditions govern this relationship in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR) and form an integral part of these Terms of Service.

18. Agent Network & Commission Protection

By using Camilia's Agent Network, you agree that: (a) other agents' contact information will only be revealed after a commission agreement is formalized within the platform; (b) contacting another agent outside the platform to circumvent the agreed commission constitutes a violation of these terms; (c) Camilia reserves the right to claim the corresponding commission and/or suspend the account in case of breach; (d) all negotiations and commission agreements must be formalized exclusively through Camilia to benefit from the platform's legal protection.

19. Contact

If you have any questions, concerns or complaints regarding these Terms of Service or the operation of Camilia, you may contact us at: