General Terms and Conditions of Use of the Vertuom Platform

Last Updated: July 31, 2025

Preamble

The Vertuom platform (hereinafter referred to as the “Platform” or “Vertuom”) is operated by VERTUOM S.L, a limited liability company under Spanish law, registered with the Commercial and Companies Registry of Malaga under the number NIF: B70963830, with its registered office located at Urb Calypso, num 4, Planta 4, Puerta B, Centro Cial Calypso, Calahonda-Chaprral, 29649 - Mijas - (Malaga) - Spain, (hereinafter referred to as the “Operator” or “we”).

The Platform, accessible via the website www.vertuom.com and associated mobile applications, is dedicated to the purchase and sale of exceptional real estate properties in Marbella and its surroundings. It offers services such as connecting buyers and sellers, exclusive investment opportunities, virtual tours, an intuitive application for transaction transparency, and flexible payment options including cryptocurrencies (Bitcoin, USDC, etc.).

These General Terms and Conditions of Use (hereinafter referred to as the “T&C”) govern the access and use of the Platform by any user (hereinafter referred to as the “User” or “you”). By accessing or using the Platform, you unconditionally accept these T&C, as well as our Privacy Policy, which forms an integral part of these T&C.

If you do not accept these T&C, please immediately cease all use of the Platform.

The Operator reserves the right to modify the T&C at any time. Modifications will be published on the Platform and will take effect immediately. It is your responsibility to regularly review the T&C. Your continued use of the Platform after any modification constitutes acceptance of the new terms.

Article 1: Definitions

Platform: The website https://www.vertuom.com, mobile applications, and all associated services.
User: Any individual or legal entity accessing the Platform, including buyers, sellers, agents, or visitors.
Account: Personal space created by the User to access advanced features.
Content: All texts, images, videos, listings, data, and information published on the Platform.
Services: Connection services, real estate listings, virtual tours, transaction management, etc.
GDPR: General Data Protection Regulation (EU) 2016/679.

Article 2: Purpose

The T&C define the rules for access, use, and liability related to the Platform. They aim to ensure a secure, transparent environment compliant with applicable laws, including Spanish law and the GDPR.

Article 3: Access to the Platform and Account Creation

3.1. Access to the Platform is free and open to any person aged at least 18 years or with legal capacity. For certain Services (e.g., posting listings, transactions), creating an Account is required.

3.2. To create an Account, you must provide accurate and complete information (name, email, etc.). You are responsible for the confidentiality of your login credentials. Any activity on your Account is presumed to be performed by you.

3.3. The Operator may refuse or suspend an Account in case of non-compliance with the T&C, without prior notice or compensation.

3.4. The Platform is accessible 24/7, except for interruptions due to maintenance, technical issues, or force majeure. The Operator does not guarantee uninterrupted availability.

Article 4: User Obligations

4.1. You agree to:

Use the Platform fairly, in compliance with laws and good morals.
Provide accurate and up-to-date information.
Not publish illegal, defamatory, discriminatory, pornographic, or third-party rights-infringing Content.
Not interfere with the Platform’s operation (e.g., viruses, spamming).
Respect the intellectual property rights of the Operator and third parties.

4.2. For sellers: Listings must be accurate (description, price, location). You authorize the Operator to promote your properties through photos, videos, and marketing.

4.3. For buyers: You acknowledge that transactions are subject to verification and a 4% commission on the sale price.

4.4. Any violation may result in Content deletion, Account suspension, or legal action.

Article 5: Services and Transactions

5.1. The Platform facilitates connections between buyers and sellers of exceptional real estate properties. Services include:

Access to off-market opportunities.
Virtual and in-person tours.
Transaction management via the application (full transparency).
Flexible payment options: bank transfer, credit card, cryptocurrencies.

5.2. Commissions are set at 4% of the sale price, payable to the Operator. Details are specified in specific contracts.

5.3. The Operator acts as an intermediary and is not a party to real estate transactions. You are responsible for verifying information and complying with legal obligations (e.g., notary, taxes).

5.4. Virtual tours are provided “as is” and do not replace physical inspections.

Article 6: Intellectual Property

6.1. All elements of the Platform (logos, texts, images, software, etc.) are protected by Spanish and international intellectual property law. They belong to the Operator or its licensors.

6.2. You are granted a non-exclusive, revocable, and limited license to use the Platform for personal purposes. Any reproduction, modification, or commercial exploitation is prohibited without prior written authorization.

6.3. Content published by Users remains their property, but you grant the Operator a worldwide, free, and perpetual license to use it for Platform promotion purposes.

Article 7: Personal Data Protection (GDPR)

7.1. The Operator processes your personal data in accordance with the GDPR and Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD) in Spain.

7.2. Collected data (name, email, financial information, etc.) are used to provide Services, manage Accounts, and for marketing purposes with your consent.

7.3. You have the right to access, rectify, delete, oppose, limit, and port your data. Contact us at contact@vertuom.com.

7.4. For more details, consult our Privacy Policy, available on the Platform. In case of data transfer outside the EU, standard contractual clauses are applied.

7.5. The Operator implements appropriate security measures (encryption, etc.) to protect your data but cannot guarantee absolute security against inherent Internet risks.

Article 8: Liability and Warranties

8.1. The Platform is provided “as is” without express or implied warranties. The Operator does not guarantee the accuracy of Content or the absence of errors or viruses.

8.2. The Operator is not liable for indirect, consequential, or punitive damages (data loss, profits, etc.) resulting from Platform use, except in cases of intentional fault.

8.3. You indemnify the Operator against any third-party claims related to your use of the Platform or your Content.

8.4. In case of force majeure (e.g., natural disaster, cyberattack), the Operator is exempt from liability.

8.5. The Operator’s total liability is limited to the amount of commissions paid by you in the last 12 months.

Article 9: Termination and Suspension

9.1. You may close your Account at any time via the settings.

9.2. The Operator may suspend or terminate your access in case of T&C violation, without notice or refund.

9.3. Upon termination, your data will be retained in accordance with the GDPR and subsequently deleted.

Article 10: Applicable Law and Dispute Resolution

10.1. The T&C are governed by Spanish law.

10.2. Any dispute will be subject to the exclusive jurisdiction of the courts of Marbella (Spain), unless otherwise required by mandatory provisions.

10.3. Before any legal action, you agree to attempt mediation through the Junta Arbitral de Consumo or an approved mediator.

Article 11: Miscellaneous Provisions

11.1. If any provision of the T&C is deemed invalid, the others remain applicable.

11.2. The Operator’s failure to exercise a right does not constitute a waiver.

11.3. The T&C constitute the entire agreement between the parties.

Article 12: Contact

For any questions, contact us at:
Address: Centro Comercial Valdepinos 4b, Calypso, Calahonda, 29649, Marbella, Spain
Email: contact@vertuom.com
Phone: +34 722 16 30 80

By using the Platform, you confirm that you have read, understood, and accepted these T&C.