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 its technical features (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 provides a technical digital information, matching and communication service. It allows users to publish information, discover potential compatibility, and communicate with one another in relation to properties, commercial spaces, parking spaces and rooms. It does not act as a real-estate broker, agent, mediator, landlord, property manager, legal or tax adviser, escrow holder, payment intermediary, insurer, or representative of either user, and is not a party to any sale, purchase, lease, sublease or room-rental agreement between users.

• Wish Places: Users may publish requirements for residential, commercial, or parking spaces.
• Property Listings: Users may publish properties they are legally entitled to offer for rent or sale. A Property Listing is user-generated information only; it is not an offer made by Wishplace and does not create a sale, tenancy, reservation or other contract through the Platform.
• Room Listings: Users may publish rooms they are legally entitled to offer for rent. A Room Listing is user-generated information only; it is not an offer made by Wishplace and does not create a tenancy, reservation, or contract through the Platform.
• Automatic Matching: The Platform uses automated tools to suggest potential compatibility between Wish Places, Property Listings and, where relevant, Room Listings.
• Content Aggregation: The Platform provides automated news feeds and event discovery.
• Direct Interaction: The Platform facilitates direct chat between users.

1.1 Room Listings and direct arrangements between users

Room Listings are intended solely to help users identify and contact one another. The prospective landlord, owner, primary tenant or other person offering a room, and the prospective occupier, deal directly and independently with each other.

• Right to offer and lawful use: The user publishing a Room Listing represents that they have the necessary right, authority and, where applicable, consents to offer the room and shared areas, and that the listing and any eventual rental comply with applicable national, regional, local, housing, consumer, tax and anti-discrimination rules.
• No tourist or holiday accommodation: Room Listings may not be used to offer tourist accommodation, holiday lets, or any use prohibited by applicable law or by the rights governing the property.
• Accurate and non-discriminatory content: Users must provide accurate, up-to-date information and must not publish unlawful, misleading, discriminatory, harassing or otherwise prohibited content.
• Independent agreement: Any viewing, identity check, negotiation, deposit, payment, handover, house rules, rental agreement, registration, tax obligation, dispute, or termination is solely between the relevant users. Wishplace is not their representative and has no authority to bind either of them.
• User due diligence: Each user is responsible for independently checking the other party, the room, the property, the proposed terms and the applicable law, and for obtaining independent professional advice where needed.

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.
• Accurate information and account security: You must provide accurate, current information, keep your login credentials secure, and promptly notify us of suspected unauthorised access. You are responsible for activity carried out through your account unless it results from circumstances for which you are not legally responsible.
• Account Deletion: You may delete your account and data at any time through the App settings.

3.1 Additional terms for professional users

• Ranking and data: The main parameters are location and radius, type, sale or rental intention, price, characteristics and availability. Required criteria carry more weight than optional preferences. Credits enable an action but do not improve ranking. Professional users access their own data and information shared through a match or chat, not undisclosed data; after closure, the Privacy Policy governs retention and anonymisation.
• Changes and termination: Where the EU Platform-to-Business Regulation applies, notice will be given on a durable medium at least 15 days in advance, or longer if technical adaptation is needed; changes are not retroactive unless legally required or beneficial. Restrictions or suspensions will include the reasons required by law and entire-service termination will have 30 days' notice where required, subject to applicable statutory exceptions.
• Complaints: Professional users may complain to alessio@wishplace.app. Any internal complaint or mediation mechanism required by law will be available; statutory small-enterprise exemptions remain unaffected.

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 and feature providers, including Google Cloud/Firebase, Google Maps Platform, Google Gemini, Perplexity, SerpApi, Apple App Store and Google Play. Their services and terms may affect the availability of the relevant feature.
• 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, accuracy and consequences of the properties or rooms you list, your search preferences, images, descriptions and messages. You must have all rights, permissions and consents needed to publish them.
• Your ownership and licence to us: You retain ownership of your content. By submitting it, you grant the Operator a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, technically adapt, transmit and display that content only as needed to operate, secure and improve the Platform and provide the features you request. The licence ends when the content is deleted, except for copies that must temporarily remain in backups or be retained for legal, safety or claims purposes.
• No unlawful listings: You must not use the Platform to offer an unlawful sale, rental, sublease, tourist accommodation or holiday rental, to evade housing or tax rules, or to discriminate unlawfully.
• Other prohibited use: You must not impersonate another person; infringe intellectual-property, privacy or other rights; publish scams, malware or unlawful, threatening or sexually exploitative content; scrape or access the Platform by unauthorised automated means; circumvent security or Credit controls; or use another person's data for spam or unrelated purposes.
• Reporting System: Users may be reported for Inappropriate Behavior, Spam, Harassment, Fake Profiles, or Offensive Content.
• Illegal-content notices: Anyone may report a specific item believed to be illegal through the in-App reporting feature or by emailing alessio@wishplace.app. A notice should identify the content and its location, explain why it is believed to be illegal, include the notifier's name and email except where the law permits otherwise, and contain a good-faith statement that the information is accurate and complete. We will acknowledge and process sufficiently precise notices in a timely, diligent, objective and non-arbitrary manner.
• Moderation and sanctions: We may leave content in place, reduce its visibility, remove it, restrict features, suspend or terminate an account, or refer a matter to authorities, taking account of the nature, gravity, frequency and consequences of the issue. Where required by law, we will provide the affected user with a clear statement of reasons and available redress. Urgent action may be taken without advance notice where reasonably necessary for legal, security or user-safety reasons.
• Challenges: An affected user may challenge a moderation decision by replying to the decision notice or emailing alessio@wishplace.app. This does not restrict any right to seek judicial or other legally available redress.
• Credits after enforcement: Credits used before enforcement are not restored merely because access is restricted. Any treatment of unused purchased Credits remains subject to mandatory consumer law and applicable store processes.

8. Communication and Conduct

• Direct Chat: The Platform may enable the publisher of a relevant listing to initiate a chat with an interested user. The chat is only a technical communication channel; it does not make Wishplace a party to, or representative in, any resulting discussion or agreement.
• 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.
• Communication responsibility: The Operator does not generally pre-screen messages. Responsibility for user communications and any action after receiving a sufficiently precise notice is determined by applicable law; nothing here excludes duties or liability that cannot legally be excluded.
• Prohibited Conduct: Phishing, sharing sensitive financial data in chat, or spamming is strictly prohibited.

9. Analytics and Monitoring

We use technical diagnostics and, where consent is required, analytics and advertising-measurement services. Detailed data handling, providers and consent choices are described in the 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. The price, currency and Credits supplied are displayed in the App Store or Google Play purchase flow before the order is placed. Credits are an in-App digital feature and are not a fee, commission, deposit, reservation, payment or consideration for a sale, rental, room rental or introduction between users.
• 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).
  • Reversals within the App: Where the App offers a Delete or cancellation option for a Credit-consuming action, the applicable confirmation screen explains whether Credits are returned. This feature does not limit mandatory consumer, store or statutory rights.
• Payment Methods and store terms: Purchases are processed through the Apple App Store or Google Play. The store's applicable terms, billing, refund and support processes may apply in addition to these Terms.
• Nature: Credits are digital consumables with no cash value and cannot be transferred or exchanged for money, subject always to mandatory law and any applicable store refund process.
• Withdrawal rights: Nothing in these Terms waives a statutory withdrawal, refund or consumer right. Where applicable law permits loss of a withdrawal right for digital content or a digital service supplied immediately, that loss applies only if Wishplace has obtained the legally required prior express consent and acknowledgement and has provided the legally required confirmation. Otherwise, the user's mandatory rights remain unaffected.
• Digital-service conformity: Consumers retain all mandatory remedies for a failure to supply or lack of conformity of the digital content or service, including repair or restoration, proportionate price reduction, termination and reimbursement where applicable.

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 national, regional or local housing, room-rental, consumer, registration, licensing, tax, anti-discrimination or other applicable rules.
• Drafting, reviewing, signing, registering or enforcing any room-rental, rental, sublease or sales agreement, or any house rules.
• Any verification of a room's condition, safety, habitability, occupancy, right to offer, or the identity, creditworthiness or suitability of another user.
• 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

We may send transactional push notifications necessary for features you request, such as matches, chat messages, security alerts and important service updates. Marketing notifications, if introduced, will be handled separately where consent is required.

• 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: To the extent permitted by applicable law, you agree to indemnify Alessio Di Salvo against third-party claims, losses and reasonable legal costs arising from your unlawful content, misuse of the Platform, or breach of these Terms.
• Liability limit: To the maximum extent permitted by applicable law, the Operator is not liable for indirect, incidental, special, consequential or punitive loss, or for disputes and losses arising from a user-to-user sale, rental, room rental, sublease, payment, deposit, viewing, agreement or communication. Where liability may lawfully be limited, the Operator's aggregate liability relating to the Platform is limited to the amount paid by the relevant User for Credits in the 12 months preceding the event giving rise to the claim.
• Mandatory rights: Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or any mandatory rights available to a consumer or user under applicable law.

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 for valid reasons, including legal, security, technical or feature changes. We will give reasonable prior notice of material changes by an in-app notice or email, except where an urgent change is required for security or legal reasons. Where required, we will ask you to accept the updated Terms before you continue using the affected feature.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain, without prejudice to any mandatory protection that applies to you under the law of your country of habitual residence. If you are a consumer, nothing in these Terms deprives you of the right to bring a claim before the courts that have jurisdiction under mandatory applicable law. For non-consumer disputes, the courts of Spain have jurisdiction, unless mandatory law provides otherwise.

16. Multilingual Versions

These Terms may be translated into several languages for user convenience. If a translation differs from the English version, the English version is the reference version, except where mandatory applicable law requires otherwise.

17. Contact Information