Terms & Conditions

Legal Notice

In accordance with Law 34/2002 on Services of the Information Society and Electronic Commerce (Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce), we inform you that the owner of this website is Profesional Marketing and Technologies SL (hereinafter, "ListingOK"), with registered address at 28224 Pozuelo de Alarcón – Madrid – Spain, calle Peñalara, 3 – with CIF B83796813 and registered in the Commercial Registry of Madrid. Its email address is [email protected].

1. Introduction

Thank you for choosing ListingOK. By subscribing to ListingOK's services and software applications (together, the "ListingOK Service" or "Service"), you (hereinafter, the "User", "Users", "you") are entering into a binding agreement with ListingOK.

To use the ListingOK Service, you may do so through a legal entity or as a natural person. In the first case, you acknowledge and agree that (i) you have the legal and contracting capacity to enter into these Terms of Use on behalf of such legal entity and that such capacity has not been restricted in any way; (ii) you have the legal right and full power and authority to accept these Terms of Service and comply with your obligations. In the event that you are a natural person, you undertake and warrant that (i) you are 18 years of age or older and (ii) you have the legal and contracting capacity to enter into these Terms of Use and comply with your obligations under any applicable laws. You also warrant that any registration information you submit to ListingOK is true, accurate and complete, and you agree to keep it that way at all times.

2. Changes to the terms

From time to time, at our discretion, we may make changes to the Terms; when we make material changes to the agreement, we will provide you with prompt notice as appropriate, for example by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance and if you continue using the Service after the changes have been made, such fact will imply your acceptance of those changes. Therefore, be sure to read any such notices carefully. If you do not wish to continue using the Service under the new version of the Terms, you may terminate this agreement by contacting us at the following email address: [email protected].

3. Our service

ListingOK provides its customers with a Revenue Management service for their rental properties on any of the real estate rental platforms included in the ListingOK Service, for example, Airbnb.com or Booking.com (hereinafter, the "Rental Platforms" or "OTAs").

The Service includes the following main features:

• Price and availability suggestions based on the number of nearby booked properties, the average price of rental platforms in your area, and the price of nearby hotels for your rental platform listings.
• Automatic updates of prices and availability for your listings on Rental Platforms every twenty-four (24) hours.
• Personalized notifications about minimum-stay requirements, price changes, etc.
• Comparison between your property and other properties in your area.
• Pricing trends and other statistics in your area.
• Information about your current booking and historical occupancy.
• Manage multiple properties at a glance.

Notwithstanding the foregoing, these features may not be available for all service plans. Additional features may be included in the future.

If you want to know more about the Service, we recommend that you visit our Frequently Asked Questions. If you want more information or have any kind of doubt, you can email us at [email protected].

4. Rights granted to the user

ListingOK grants you a limited, non-exclusive and revocable license to make use of the Service. You undertake and agree that you are using the Service for your own purposes and personal properties and that you will not redistribute, transfer or resell the Service in any way. You expressly agree that you will not use or offer the Service as an intermediary by offering or integrating the Service into third-party services, including, without limitation, software, websites, tools and/or plugins of any kind. Failure to comply with these requirements may lead to the revocation of the aforementioned license without prejudice to the legal actions corresponding to ListingOK.

All trademarks, service marks, trade names, logos, domain names and any other features of the ListingOK brand (hereinafter, "ListingOK Brand Features") are the sole and exclusive property of ListingOK or its licensors. Use of the Service does not grant you any right to use the ListingOK Brand Features in any way, whether for commercial or non-commercial use.

5. User obligations

ListingOK has established for the User some basic rules to follow when using the Service. Please follow these rules and encourage other users to do the same.

The User is entirely responsible for the correct use of the Service in accordance with current Spanish law, as well as with the principles of good faith, morality, good customs and public order, also undertaking to diligently respect any additional instruction that ListingOK may give.

The User shall refrain from using the Service for unlawful purposes or effects, as well as those that may be harmful to the rights or interests of third parties, or that in any way may damage, disable, affect or impair the operation of the Service, its contents or its services. Likewise, it is prohibited to prevent other Users from using or enjoying the Service normally.

Specifically, the following is not allowed under any circumstances:

• Reverse engineering, decompiling, disassembling, modifying or creating derivative works based on the ListingOK Service or any part thereof, unless permitted by Spanish law.
• Providing your password to any other person or using another person's username and password.
• "Crawling" the ListingOK Service or using any automated means (including bots, scrapers and spiders) to collect information from ListingOK.
• Using the Service commercially as an intermediary, or reselling the ListingOK Service.

Our antivirus system is reasonably secure. Therefore, ListingOK will not be responsible for any possible damage or errors that Users' computer systems (whether hardware or software) may experience when accessing or using the Service, due to viruses.

ListingOK will make reasonable means available to the User so that the contents and services included on the Website are accurate and up to date. Notwithstanding this, ListingOK is not in a position to guarantee this situation at all times. In addition, ListingOK will not be responsible for the operation of the communication networks that allow the operation of the website, whether fixed or wireless. Such responsibility will remain solely with providers not related to ListingOK.

If it deems it necessary, ListingOK may immediately suspend the provision of the Service and, where appropriate, remove any content that it considers incorrect or illegal, at its sole discretion or at the request of an affected third party or a competent authority, without any compensation being claimable for this reason.

Your password protects your user account and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there was unauthorized access to your account by third parties, notify us immediately and change your password as soon as possible.

6. Links to third parties

ListingOK will not be responsible for any of the links on the Website that allow the User to access third-party features or services, insofar as they are unrelated to the Website. Therefore, ListingOK will not be responsible for the information contained therein or for the effects that may result from such information. Likewise, ListingOK reserves the right to remove any link from the Website at its sole discretion and without prior notice.

If any User or a third party suspects that any link may go against the law, morality or public order, they must inform ListingOK at [email protected].

7. Intellectual property

ListingOK is the owner or exclusive licensee of all intellectual property rights included on the Website, as well as of the content accessible through it.

The User's permission to access the Website does not imply that ListingOK waives, transfers, licenses or assigns in whole or in part any of ListingOK's intellectual property rights. Therefore, such use of them is strictly prohibited.

The intellectual property rights of the Website as well as the texts, images, graphic design, navigation system, information and contents within said Website belong to ListingOK, or else it holds the exploitation rights over them in any form and in particular regarding reproduction, distribution, retransmission or subsequent adaptation, in accordance with current Spanish legislation on intellectual property rights.

8. Payments and cancellations

As mentioned above, regular use of the Service requires payment. Subscription to the Service may be purchased on a monthly or annual basis. You can subscribe to the Service and pay for it with a credit/debit card or Paypal.

When you sign up for a paid subscription, you agree to obtain access to the Service immediately. You also agree that your right of withdrawal will be extinguished early when you have full access to the Service. This means that once you have paid, if you change your mind for any reason or without one, you may cancel the subscription at any time, but you will not get a refund of the money paid.

You agree that once you have paid the subscription for the Service, it will renew at the end of the subscription period unless you cancel your subscription by emailing us at [email protected]. The cancellation will take effect the day after the last day of the current subscription period, and you will not have access to the Service.

Furthermore, if you cancel your paid subscription before the end of the current subscription period, we will not refund any subscription fees you have already paid us.

ListingOK may change the price of subscriptions from time to time and will notify you of any price change in advance and, where appropriate, how to accept those changes. Subscription price changes will take effect at the beginning of the next subscription period after the date of the price change. As permitted by local law, you agree to the new price by continuing to use the ListingOK Service after the price change takes effect. If you do not agree to the price changes, you have the right to reject the change by unsubscribing from the ListingOK Service before the price change takes effect. Therefore, be sure to read any price change notice carefully.

9. Taxes

When you pay for the Service, you also agree to pay applicable taxes in accordance with Spanish law and/or the laws of your place of residence, as appropriate. All prices shown on the Website include Spanish Value Added Tax (VAT) or any other tax that may be applicable to you.

10. Term and termination

The Agreements will continue to apply to you until you or ListingOK terminate them.

ListingOK reserves the right of admission and to deny access to the Website. Any User who does not comply with the set of rules listed in this document may be denied access to the Website.

Furthermore, at any time and without prior notice ListingOK may withdraw or suspend the provision of Services to Users who fail to comply with the provisions of the Terms and Conditions.

If you or ListingOK terminate the Terms, or if ListingOK suspends your access to the Service, you agree that ListingOK shall have no liability to you and ListingOK will not refund any amounts you have already paid, to the fullest extent permitted under applicable law. You may terminate the agreement at any time.

The aforementioned termination conditions will allow certain sections of the Terms, either explicitly or by their nature, to remain in force even after the termination of the Terms. These obligations will survive termination for the time necessary for the due fulfillment of the Terms.

11. Governing law

These Terms of Use have been interpreted and shall be interpreted in accordance with Spanish law. More specifically, these Terms of Use have been drafted pursuant to Law 34/2002 on Services of the Information Society and Electronic Commerce (Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce), Law 3/2014 which updates Law 1/2007 on the Defense of Users and Consumers and Law 7/1996 on the Regulation of Retail Trade, as well as any other legal provision that may be applicable.

12. Independence from any rental platform

ListingOK and Airbnb, Inc. and/or any other company owning any of the Rental Platforms are different and separate companies, acting independently of each other. Nothing in these Terms shall be understood or considered as an employment relationship, agency contract, partnership or temporary joint venture.

13. Jurisdiction

For the resolution of any conflict arising from access to the Website, the User and ListingOK expressly agree to submit to the Spanish Courts and Tribunals.