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TERMS AND CONDITIONS

Legal Notice

Holdtx Spain, S.L., (en adelante el Titular) con NIF B67708032 (en adelante Hausera) y domicilio en Cartagena (Murcia), Ceeic - Centro Europeo de Empresas e Innovación, C/ Berlín, 3F, 30553, inscripta en el Registro Mercantil de Murcia con fecha 09-12-2021, en el Tomo 3551, Libro 0, Folio 217, Sección 8, Inscripción 1, Hoja MU 106265; es titular del Sitio Web accesible a través de la URL https://www.hausera.io (hereinafter, the Platform or the Website, interchangeably).

For any questions, doubts, or suggestions regarding Hausera, you can contact us via the following email address: contacto@hausera.io or by contact phone +34 693 63 15 57.

Below, the terms are presented that generally regulate access to the Holder's website, including the services and features offered there, without prejudice to the application of other conditions distinct from the contracting of goods or services or their modification. It is recommended to periodically read and review these as there may be changes to the legal texts.

General Terms of Use

1. Identification of the Parties

These General Terms of Use are entered into, on one side, by the Holder and, on the other, by you, as a natural or legal person accessing the Website voluntarily and free of charge. These terms will apply regardless of the subscription to the crowdfunding services offered on the Platform.

2. Purpose of the Website

Hausera is a real estate investment platform that offers investors various investment opportunities, allowing them to participate through the acquisition of shares represented as tokens, as part of a participatory loan.

3. User Obligations

As a User, by merely accessing and navigating the Website, you must:

  1. Use the Website diligently, correctly, and lawfully, always respecting current legislation, morals, good customs, and public order.

  2. Periodically review these Terms, or any others that may be applicable, checking for any modifications that may have occurred.

  3. Review any communications sent by Hausera, as they may contain important information.

  4. Do not use the Website for commercial purposes, especially to gather information or content to provide services that clearly compete with Hausera.

  5. Do not modify or attempt to modify in any way, nor carry out actions or use methods aimed at simulating the appearance or functions of the Website.

  6. Do not damage, disable, overload, or hinder the service (or the network or networks connected to the service), or interfere with its use and enjoyment.

  7. Refrain from performing any action that involves introducing computer viruses, worms, trojans, or any other type of malicious code intended to disrupt, destroy, or limit the functionalities of the Website.

  8. Do not use reverse engineering techniques and/or decipher, decompile, or use any other system intended to access the source code of Hausera.

  9. In any case, do not perform any act that could infringe on the rights or interests of the Holder or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets...).

4. Availability of the Website

The Holder seeks to improve and expand Hausera, as well as its content and the services offered. Nevertheless, the Website will be displayed as it exists at any given time, subject to availability, limitations, and other concurrent circumstances.

5. Specific Registration Conditions

These Specific Registration Conditions are agreed upon, on one side, by Hausera, and on the other side, by the User who has completed the relevant form to create an account as an Investor and the steps indicated on the Website for registration, along with the acceptance of these Specific Conditions.

5.1. Requirements and procedure for creating an 'Investor' account

Individuals over the age of majority in accordance with Spanish legislation may create an account on the Website, either on their own behalf or on behalf of a legal entity. In the latter case, the individual must hold legal representation of the legal entity or company in question (via a notarized power of attorney or other documents). The User must access the icon at the top right of the website to register and carry out operations on the platform, entering their username or using their Google account. Once registered, identity verification is required.

You must complete all the indicated steps, including reading the information related to the Privacy Policy and the other Basic Information for the Investor Client. Hausera will confirm the User's registration on the Website by sending a welcome communication, after which the User becomes a Registered User. If the Registered User does not remember their password, they should click on 'Recover password' and enter the email used for registration to reset it. The Owner reserves the right to check and verify the User's identity at any time.

Failure to meet the requirements in this section or identity deception authorizes the Owner to deactivate such a User at any time, relieving the Owner of any responsibility for this action. These Conditions apply only to the use of the Website and the initial generic registration as an Investor User.

5.2. Obligations of the Registered Investor User

The Registered Investor User has the following obligations:

  1. Do not register with multiple User accounts on the Website or use false data or impersonate others. You are responsible for providing your real data.

  2. Do not use or attempt to use another User's account without authorization or consent.

  3. Be solely responsible for all activities carried out from your personal account on Hausera.

  4. Take care to maintain the confidentiality of your access data, as you will be responsible for any damage suffered by you or third parties due to non-compliance with these Conditions. You are also responsible for what happens in your personal account unless its security has been compromised by external causes. Specifically, you must:

    1. Keep the account updated.

    2. Store the chosen password confidentially.

    3. Be the only User to use the created account.

    4. Do not market, sell, or transfer the account to a third party.

  5. Hausera reserves the right to verify the Investor User's profile and may delete or suspend the account in the event of a breach of these legal texts or any other applicable conditions.

6. Disclaimer

6.1. Availability

Hausera works to ensure that the services and functionalities of the Website are always available. However, when accessing it, it will be displayed according to the availability and limitations present at any given time.

6.2. Scope of Hausera's Control

Despite the Owner's continuous effort to protect the systems and content on the Website, using security standards and regulatory compliance, it is not possible to provide full guarantees regarding intrusions or information losses that may occur. Likewise, it cannot be guaranteed that there are no viruses or other harmful elements on the Website or on third-party websites that may alter the User's computer system, both software and hardware. For this reason, the User acknowledges and understands that situations may exist that could escape Hausera's control.

6.3. Responsibility for Third-Party Links

The Platform may include links to pages or sites of third parties unrelated to the Owner, over which it assumes no responsibility as it does not approve or review their functions and content. The User who accesses any link published on the Website does so at their own risk, and the Owner assumes no responsibility for it.

6.4. Responsibility for Misuse of the Website

Similarly, the Website is exempt from any responsibility arising from misuse by Users, as well as non-compliance with the obligations or commitments undertaken under these conditions or any other applicable ones.

7. Intellectual and Industrial Property Rights

All intellectual and industrial property rights over the Website and its content, including programming, design, applications, graphics, codes, text, images, trademarks, trade names, distinctive signs, and other elements present, belong exclusively to the Owner, including the Hausera brand, or they hold sufficient rights and/or authorizations for their exploitation. As a result, any reproduction, distribution, public communication (including making available), transformation, or any other form of exploitation, even when citing sources, is prohibited unless prior, explicit, and written consent is obtained from the Owner or the exclusive rights holder. If you detect any infringement, please inform us at the email address provided in the header.

8. Indemnification

8.1. Penalty

The Owner may penalize any User who breaches the applicable conditions by prohibiting access to the Website, either temporarily or indefinitely. The duration of the penalty will depend on the type of infringement committed. Access restrictions will not entitle the User to any compensation.

8.2. Damage, Harm, Loss, or Cost

Any type of damage, harm, loss, or cost (including attorney and/or representative fees) resulting from a User's non-compliance with these Conditions or any other applicable ones incurred by Hausera must be compensated by the User who caused it. This includes any third-party claims arising from such non-compliance.

9. Modifications

These Conditions may be modified and/or updated at any time without prior notice. The changes will take effect upon publication on the Website, regardless of the medium or form used. The modification will only affect Users who have accepted them after the change.

10. Other Issues

10.1. Safeguard and Interpretation

If the competent Authority declares any of these provisions illegal, invalid, or unenforceable, it will mean that it must be interpreted in the manner closest to the original intention of that provision. In any case, such a declaration regarding any or some clauses will not affect the validity of the remaining ones. The Owner's failure to enforce strict compliance with any term of these Conditions does not constitute, nor may it be interpreted as, a waiver of their right to enforce it in the future.

10.2. Language

The applicable language for these Conditions is Spanish. Versions in other languages, such as English and French, are provided for the User's convenience. In case of contradiction, the Spanish version will prevail.

10.3. Legislation and Jurisdiction

The relationship between the Owner and the User will be governed by Spanish law, and any discrepancies or conflicts regarding these Conditions will depend on whether the User is a consumer and/or user under the applicable regulations. If the User is a consumer and/or user, conflicts will be submitted to the Courts and Tribunals of the User's domicile. If they do not have such status, conflicts will be determined by the Courts and Tribunals of Murcia. These General Conditions are governed by Spanish law. Additionally, in compliance with the provisions of the Alternative Dispute Resolution Act, we remind you that you can access the European Union's online dispute resolution platform at this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.