Wishplace – Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you") and Alessio Di Salvo, acting as an individual (natural person) ("Operator", "we", "us"), regarding your use of the Wishplace mobile application and related services (collectively, the "Platform").

By accessing or using Wishplace, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease use of the Platform.

1. Nature of the Service

Wishplace is a technical platform-only service. It acts as a digital venue to facilitate information exchange between users interested in real estate.

• Wish Places: Users may publish requirements for residential, commercial, or parking spaces.
• Property Listings: Users may publish properties they own for the purpose of renting or selling.
• Automatic Matching: The Platform uses a proprietary algorithm to connect "Wish Places" with "Property Listings."
• Content Aggregation: The Platform provides automated news feeds and event discovery.
• Direct Interaction: The Platform facilitates direct chat between users.

2. Intellectual Property Rights

The Platform, including but not limited to its logo, design, text, matching algorithm, source code, and software, is the exclusive property of Alessio Di Salvo.

• You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.
• This license allows for both individual and professional (e.g., real estate agency) use, provided that such use complies with the Credit system and conduct requirements established herein.
• Agency Disclaimer: For professional users or agencies, the Operator acts only as a technical conduit. The Operator is not responsible for how agencies or professional entities store, manage, or utilize information obtained from other Users through the Platform.
• You may not copy, modify, distribute, or sell any part of our services or included software without prior written consent.

3. Eligibility and Account Registration

• Age: You must be at least 18 years of age.
• Registration: Registration via Email, Google, or Apple constitutes acceptance of these Terms.
• Account Deletion: You may delete your account and data at any time through the App settings.

4. Service Mechanics and Third-Party Dependencies

The Platform functions through the integration of various third-party systems and external services.

• Service Availability: The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee that the Platform will always be secure, error-free, or function without disruptions.
• Infrastructure & APIs: The Platform relies on external infrastructure providers (Google Cloud, Firebase, Perplexity AI, SerpApi, Google Maps).
• Liability Limitation: The Operator is not liable for service interruptions, technical failures, or data errors caused by these third parties. We reserve the right to migrate providers without prior notice.

5. Third-Party News and Events Content

• Source: News and Events are generated automatically by external AI and APIs.
• Accuracy: AI-generated content may contain hallucinations or inaccuracies regarding dates and locations.
• Verification: Users must independently verify all event or news details. The Operator is not responsible for time or money wasted due to incorrect event data.

6. AI-Generated Suggestions and Matching Accuracy

The Platform provides suggestions for "Wish Places" and potential matches to improve user experience.

• AI Suggestions: Some suggestions are generated using artificial intelligence (e.g., Google Gemini). These suggestions are fully automated and can be unreliable, incorrect, or entirely fictitious.
• Matching Inaccuracy: Suggestions based on existing "Property Listings" or "Wish Places" may rely on data that is expired, removed, or contains false information provided by other users.
• No Guarantee: The User acknowledges that adding a suggested item does not guarantee a match, a response, or a successful transaction. The User should not expect a confirmed match simply by interacting with these suggestions.
• No Responsibility: The Operator bears no responsibility for the accuracy of these suggestions or any User's reliance on them.

7. User Content, Conduct, and Sanctions

• User Responsibilities: You are responsible for the legality of the properties you list and the messages you send.
• Reporting System: Users may be reported for Inappropriate Behavior, Spam, Harassment, Fake Profiles, or Offensive Content.
• Sanctions: Following a report or detected violation, the Operator reserves the right to limit functionality, suspend, or permanently delete an account without prior notice. No refunds for unused Credits will be provided in the event of an account ban due to conduct violations.

8. Communication and Conduct

• Direct Chat: Only property owners may initiate a chat with an interested user.
• Security and Encryption: Chat messages are encrypted in our database using the AES-256-GCM encryption algorithm.
  • Not E2EE: Chats are not end-to-end encrypted. The Operator maintains technical access to reported chats to investigate violations and comply with legal requests.
• No Responsibility for Communication: The Operator acts as a mere technical conduit. We do not screen messages and are not liable for claims arising from user conversations.
• Prohibited Conduct: Phishing, sharing sensitive financial data in chat, or spamming is strictly prohibited.

9. Analytics and Monitoring

We use Google Analytics to monitor performance. Detailed data handling is governed by our Privacy Policy.

10. Credits and In-App Payments

The Platform utilizes a virtual currency system ("Credits") to facilitate specific actions within the App.

• Acquisition: Credits are purchased using real currency (money). The pricing and conversion rate are displayed within the App at the point of purchase.
• Usage: Credits are consumed to perform specific operations on the Platform, including but not limited to adding a "Wish Place," adding a "Property Listing," or initiating a chat.
• Price Confirmation & Reimbursement Policy:
  • The specific Credit cost for each operation will be clearly indicated before confirmation.
  • When adding a Wish Place or Property, the App provides a temporary "confirmation window" (indicated by a timer and/or "OK" and "Delete" options).
  • Reimbursement: Credits used for these actions can only be reimbursed if the User selects "Delete" (or the equivalent cancellation action) strictly within the time period allowed by the App's interface.
  • No Operator Liability for Timer Failures: The Operator is not responsible if a User is unable to select "Delete" or cancel the action within the allotted time due to internet connectivity issues, device lag, unexpected software closures, or any other technical or user-side error. In such cases, Credits are considered consumed and non-reimbursable.
• Payment Methods: All financial transactions are processed as In-App Purchases through the Apple App Store or Google Play Store.
• Technical Failures: The Operator is not responsible for payment failures occurring within third-party payment processing environments.
• Nature: Credits are digital consumables with no cash value and are non-refundable.
• Withdrawal (EU Consumer Law): By purchasing Credits, you explicitly consent to immediate service and waive your statutory 14-day right of withdrawal once Credits are added to your account.

11. User Responsibility for Legal/Tax Compliance

Wishplace is strictly a technical matching tool. The Operator is not responsible for:

• Verifying the legal status of properties or the identity of users.
• The payment of taxes (e.g., ITP, IVA, Plusvalía) related to any transaction.
• Compliance with local housing regulations or rental laws.
• Drafting, reviewing, or enforcing any rental or sales agreements.
• Professional/Agency Usage: If you are a real estate agency or professional entity, you are solely responsible for how you manage, store, and utilize information shared with you by other Users once contact is established. The Operator bears no responsibility for any professional entity's subsequent use of User data or their professional conduct.

12. Notifications

By using the Platform, you consent to receive push notifications related to matches, chat messages, and service updates.

• Preference Management: You can enable or disable these notifications at any time through your device settings.
• No Guarantee of Delivery: The Operator does not guarantee that every notification will be successfully delivered to your device. Notification delivery is subject to third-party services, network availability, and device-specific configurations.

13. Limitation of Liability and Indemnification

• Indemnification: You agree to indemnify Alessio Di Salvo against any claims or legal fees arising from your misuse of the Platform or your violation of these Terms.
• Liability Cap: Our total liability is limited to the amount paid for Credits by the User in the 12 months preceding the claim. We are not liable for any indirect or consequential damages.

14. Severability and Amendments

• Severability: If one clause is found invalid by a court, all other clauses remain in effect.
• Amendments: We may modify these Terms at any time. We will notify you of significant changes via an in-app notice or email. Continued use of the Platform after such notice constitutes acceptance of the new Terms.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Spain.

16. Multilingual Versions

These Terms may be translated into several languages for user convenience. In the event of any discrepancy or conflict between the English version and any translated version, the English version shall prevail.

17. Contact Information