Terms of Use Prosperty Agent

1. Introduction and Scope

The present terms and conditions (hereinafter, the “Terms” or the “T&C”) apply to and govern the access to, and use of, the Prosperty Agent mobile application (hereinafter the “App”), made available by [Prosperty Legal Entity Name], with registered office at [Registered Office Address], registration / TIN number [Company Registration No. / TIN] (hereinafter referred to as “us”, “we”, “our” or the “Company”).

The App is a professional, business-to-business productivity tool intended exclusively for use by Prosperty Sales Agents and authorised contractors (collectively, the “Agents” or “Users”). The App functions as a mobile extension of the Company’s Lead Management System (“LMS”).

The App is not intended for, and shall not be used by, members of the general public, including marketplace buyers, sellers, landlords or tenants. By installing, accessing or otherwise using the App, the User unequivocally and unconditionally agrees to be bound by these Terms.

In the event the User does not agree to these Terms, such User must not install, access or use the App, and must immediately discontinue any such use.

2. Account Access, Identity and Authentication

2.1 No Public Registration

The App does not provide any account creation, registration or “sign-up” functionality. Access to the App is strictly limited to natural persons who are employees or duly authorised contractors of the Company and to whom an account has been provisioned by Company administrators.

2.2 Identity Provider (Keycloak)

User accounts are created and managed exclusively by Company administrators through an external identity and access management system (Keycloak). Authentication credentials (email and password) are issued and managed by the Company. Users are responsible for keeping their credentials confidential and secure, and must not share, transfer or disclose them to any third party.

2.3 No In-App Account Deletion

Because accounts are administratively provisioned and tied to an employment or contractor relationship, the App does not, and is not required to, provide an in-app self-service account deletion functionality. Account deactivation is performed by Company administrators upon termination or expiry of the underlying employment or contractor relationship, or in the cases described in Section 9.

Users wishing to request the closure of their account or the exercise of their data subject rights in respect of personal data held about them shall contact [dpo@theprosperty.com]. Business records (including leads, customer information, documents, updates and viewing records) created by or in respect of the User during their tenure shall be retained as set out in the Privacy Policy.

3. Permitted Use of the App

The App is provided in good faith to support legitimate, professional real estate brokerage activities of the Company. Users may only use the App in connection with their assigned duties, and in accordance with these Terms, the Company’s internal policies (including any code of conduct, IT acceptable use policy and data protection policy), and applicable law.

Without limitation, the User undertakes:

  • To use the App solely for legitimate professional purposes related to the Company’s real estate brokerage activities;
  • Not to use the App, the LMS or any data accessed through the App for any personal, competing, fraudulent, illegal, harassing or otherwise improper purpose;
  • Not to attempt to gain unauthorised access to any account, data, system or feature of the App that is outside the scope of the User’s assigned role or permissions;
  • Not to copy, export, transmit, sell, license or otherwise disclose to any third party any customer data, lead information, documents or other Company information accessed through the App, except as strictly required for the performance of the User’s duties;
  • To comply with all applicable data protection, real estate, anti-money-laundering, consumer protection and other laws and regulations, in particular Regulation (EU) 2016/679 (the “GDPR”) and Greek Law 4624/2019.

4. User-Generated Content (Updates and Documents)

4.1 Types of Content

Within the App, Users may create, post or upload the following user-generated content (collectively, “UGC”):

  • Free-text “Updates” (notes, comments and observations) attached to lead, customer, property, viewing or offer records;
  • Documents (in PDF or JPG format) such as signed representation agreements, offers, identification documents, property files and similar business records;
  • Photographs captured via the device camera and uploaded to lead or property records;
  • Voice recordings and transcribed notes, where supported by the App.

4.2 Visibility and Role-Based Access

UGC posted in the App is not “public” in any consumer sense. Visibility of UGC is governed by the Company’s role-based access control rules and is, depending on the Company’s configuration, available to other internal users such as Sales Agents, Team Leads, Area Managers, Customer Success agents, administrators and other authorised internal stakeholders. The User acknowledges and accepts this internal visibility model.

4.3 Community Standards and Content Prohibitions

Even though the App is an internal tool, the Company maintains the following community standards. Users undertake that they shall not, and shall not attempt to, create, upload, post, transmit or otherwise make available within the App any content that:

  • Is unlawful, defamatory, libellous, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable;
  • Depicts or describes nudity, sexually explicit conduct, child sexual abuse material, or any form of sexual exploitation;
  • Depicts or promotes violence, self-harm, terrorism, organised crime, or the sale of regulated, illegal or dangerous goods or services;
  • Promotes hate speech, discrimination or harassment based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, age or any other protected characteristic;
  • Infringes any intellectual property right, trade secret, privacy right, publicity right or any other right of any third party;
  • Discloses personal data of customers or third parties beyond what is strictly necessary for the legitimate professional purpose of the record;
  • Contains malicious code, viruses, or any technology designed to disrupt, damage, or limit the functioning of the App or any other software, hardware or telecommunications equipment;
  • Is otherwise inappropriate for a professional workplace or contrary to the Company’s internal policies.

4.4 Professional Conduct and Company Property

All UGC created or uploaded within the App in the course of an Agent’s duties is created on behalf of, and constitutes property of, the Company. Users assign to the Company, to the fullest extent permitted by applicable law, all rights, title and interest (including intellectual property rights) in and to such UGC, and waive any moral rights to the extent permitted. Users represent and warrant that they have all necessary rights and consents to upload any third-party content (e.g. property photographs supplied by sellers) into the App.

4.5 Moderation, Editing and Removal

Company administrators reserve the right, at their sole discretion and at any time, to review, moderate, edit, redact, restrict access to or remove any UGC that infringes these Terms, the Company’s internal policies or applicable law, or that is otherwise considered inappropriate for the App. The Company may also suspend or terminate access of any User who uploads or distributes prohibited content.

4.6 Reporting Mechanism

Users who become aware of any UGC, behaviour or use of the App that violates these Terms (including content prohibited under Section 4.3 or any conduct contrary to the Company’s code of conduct, anti-harassment, anti-bribery or whistleblowing policies) shall promptly report it through the Company’s established internal channels, including: (i) their direct line manager or Team Lead, (ii) the Company’s HR department, (iii) the Company’s compliance / whistleblowing channels, or (iv) by writing to [support@theprosperty.com]. Reports will be reviewed by Company administrators and appropriate action will be taken in accordance with internal policies.

5. Communication Features (Call, Email, WhatsApp)

The App provides shortcuts that allow Agents to initiate direct communication with customers via telephone calls, emails and WhatsApp messages. These communication channels are operated by third-party providers (e.g. mobile network operators, email providers, Meta Platforms Ireland Ltd. for WhatsApp). The User acknowledges that:

  • Use of these channels is subject to the relevant third-party providers’ own terms and privacy policies, in addition to these Terms;
  • All professional communications conducted through these channels in the course of the Agent’s duties must comply with the Company’s professional conduct, data protection and customer communication guidelines, including any rules on out-of-hours contact, recording of calls and consent for marketing communications;
  • The Company may keep metadata of such communications (e.g. timestamp, recipient, communication type) within the LMS for audit, performance and compliance purposes.

6. Automated Valuation Model (AVM) and Other Estimates

The App may display property price estimates, value ranges and similar indications generated through automated, data-driven models (the “AVM”). The User acknowledges and accepts the following:

  • AVM outputs are automated estimates intended for internal informational and operational use only by Agents within the LMS workflow;
  • AVM outputs do not constitute a formal valuation, professional appraisal, financial, investment, tax or legal advice, and shall not be communicated to customers or third parties as such;
  • Any property valuation that is to be relied upon by a customer or third party must be performed by a qualified valuer in accordance with applicable professional standards and law;
  • The Company excludes, to the maximum extent permitted by applicable law, any liability arising from reliance on AVM outputs by Users or by any third party to whom such outputs may be communicated.

Likewise, all other information, material and data provided through the App (including market data, lead data, property descriptions and statuses) is provided in good faith and for general professional information purposes. The Company does not warrant that such information is accurate, complete, current or fit for any particular purpose, and excludes liability for any inaccuracies or errors to the fullest extent permitted by law.

7. Intellectual Property

The App, the LMS, all content, data, material and information made available through the App (including but not limited to text, graphics, logos, icons, templates, downloads and software), as well as the underlying technology, are and shall remain the exclusive property of the Company and/or its licensors, and are protected by all applicable intellectual property laws. No right or licence is granted to the User other than the limited, revocable, non-transferable, non-exclusive right to use the App in accordance with these Terms during the term of their employment or contractor relationship.

8. Security and Acceptable Use of Devices

  • Users shall use the App only on devices that comply with the Company’s minimum security requirements, including operating system updates, screen lock, and where required, mobile device management (MDM) controls;
  • Users shall promptly report any suspected loss, theft, unauthorised access, or compromise of their device, credentials, or App data through internal IT and security channels;
  • Users shall not jailbreak, root, reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code of the App;
  • Users shall not bypass, disable or circumvent any authentication, logging, monitoring or security feature of the App or the LMS.

9. Suspension and Termination of Access

The Company reserves the right, in its sole and absolute discretion and without prior notice, to suspend, restrict or terminate access of any User to the App, in whole or in part, in any of the following cases:

  • Termination, suspension or expiry of the User’s employment or contractor relationship with the Company;
  • Breach or suspected breach of these Terms or of the Company’s internal policies;
  • Improper use, abuse, fraudulent activity or activity that endangers the security or integrity of the App, the LMS or any data therein;
  • Where required by law, regulation or competent authority.

Termination of access does not affect any rights or obligations that have accrued prior to termination, including the Company’s right to retain business records as set out in the Privacy Policy.

10. Third-Party Services

The App may include or integrate with third-party services, including (without limitation) the Apple App Store and Google Play Store, push notification services (Apple Push Notification service, Firebase Cloud Messaging), Google Calendar, Google Maps, WhatsApp, Keycloak (identity), Documenso (e-signature), and analytics or crash reporting providers. The use of such services is subject to the applicable third-party terms and policies, and the Company is not responsible for the availability, content, security or operation of such third-party services.

11. Disclaimer of Warranties and Limitation of Liability

To the maximum extent permitted by applicable law, the App is provided on an “as is” and “as available” basis. The Company makes no warranty, whether express or implied, regarding the accuracy, timeliness, performance, completeness, fitness for any particular purpose, non-infringement or uninterrupted availability of the App or any data or services made available therein.

To the maximum extent permitted by applicable law, the Company shall not be liable to the User for any incidental, indirect, special, consequential or punitive damages, loss of profits, loss of business, loss of contracts, loss of data or loss of opportunity, arising from or in connection with the use of, or inability to use, the App, even if the Company has been advised of the possibility of such damages.

Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable mandatory law (including liability for fraud, gross negligence or wilful misconduct).

12. Indemnity

To the extent permitted by applicable law and subject to the User’s mandatory employment and contractor protections, the User undertakes to indemnify and hold harmless the Company, its officers, employees, consultants, agents and affiliates from and against any claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) the User’s breach of these Terms or of the Company’s internal policies; (b) the User’s wilful misconduct or gross negligence in the use of the App; or (c) the User’s upload of unlawful or infringing UGC.

13. Changes to these Terms

The Company reserves the right to amend, supplement or otherwise modify these Terms at any time. Material changes will be communicated to Users through the App, by email, or through the Company’s internal communication channels. Continued use of the App following such changes constitutes acceptance of the amended Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Hellenic Republic (Greece), without regard to its conflict of laws principles, and giving effect to all directly applicable European Union law, including Regulation (EU) 2016/679 (GDPR). The courts of Athens, Greece, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the use of the App, without prejudice to any mandatory rules of jurisdiction protecting employees or consumers under applicable law.

15. Contact

For any question regarding these Terms, please contact: [Prosperty Legal Entity Name][Registered Office Address] — Email: [support@theprosperty.com]. For data protection matters, please contact: [dpo@theprosperty.com].