Terms of Service

• “Customer” means the organisation or individual that registers for the Service; “you” means the Customer and its authorised users.
• “Customer Data” means the data, including personal data, that you or your users upload to or generate in the Service.
• “Authorised User” means an individual you permit to use the Service under your account.
• “Data Processing Agreement” or “DPA” means our agreement governing our processing of personal data within Customer Data on your behalf, which forms part of these Terms.

Kloser is an AI-assisted operating system for real estate professionals that helps you manage leads, listings, communications, documents, contracts, marketing and transactions. We may add, change, suspend or remove features, and will try to give reasonable notice of material adverse changes.

You must provide accurate registration information and keep it up to date, keep your credentials confidential, and be at least 18 years old and able to enter into a binding contract. You are responsible for all activity under your account and for your Authorised Users’ compliance with these Terms. Tell us promptly at legal@kloser.org if you suspect unauthorised use of your account.

You agree to use the Service lawfully and not to: break the law or infringe anyone’s rights; send spam or unlawful, deceptive or harassing messages; upload malware or attempt to breach security, access another organisation’s data, or defeat tenant isolation; reverse engineer, copy or resell the Service except as permitted by law; or use the Service to process personal data without a valid legal basis.

When you use messaging and outreach features, you are responsible for complying with applicable laws (including on marketing, e-privacy and consent) and with the policies of the relevant channel, including the WhatsApp Business Messaging Policy.

As between you and Kloser, you own and are responsible for your Customer Data. You grant us a worldwide, non-exclusive licence to host, process and transmit Customer Data solely to provide and improve the Service and as instructed by you.

For personal data within Customer Data, you act as the controller and Kloser acts as your processor. Our Data Processing Agreement applies and forms part of these Terms. You are responsible for having a valid legal basis and any required consents to collect and process that data and to contact leads and clients through Kloser, including by WhatsApp, email and other channels.

The Service includes AI-assisted features that generate scores, suggestions and draft content. AI output may be inaccurate, incomplete or unsuitable, and does not constitute professional, legal, financial or valuation advice. You are responsible for reviewing and verifying AI output before relying on or sending it. We may use third-party AI providers as sub-processors to deliver these features.

The Service integrates with third-party services, such as Meta’s WhatsApp Business Platform, email providers, advertising platforms, property portals and calendar providers. Using an integration may require you to have an account with the third party and to accept its terms, and is subject to that third party’s terms and privacy policy. We are not responsible for third-party services and do not control their availability.

The Service offers electronic document and signature features. You are responsible for ensuring that your use of electronic signatures is valid and enforceable for your purposes under applicable law, including Regulation (EU) No 910/2014 (eIDAS), and for keeping your own copies of signed documents. Unless expressly stated, signatures generated through the Service are simple or advanced electronic signatures and not qualified electronic signatures. We provide signing tools but are not a party to, and give no assurance about the legal effect of, the documents you create or sign.

Paid plans, pricing and billing terms, if any, will be presented at the point of purchase and form part of these Terms. Unless stated otherwise, fees are exclusive of applicable taxes (such as VAT), which you are responsible for paying. Fees are non-refundable except where required by law.

We may offer free, trial or beta features. These are provided “as is”, may be changed or withdrawn at any time, and may be subject to additional terms. Beta features may be incomplete and are not recommended for production-critical use.

The Service, including its software, design, text and trademarks, is owned by Kloser and its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription and in accordance with these Terms. We reserve all rights not expressly granted. You retain all rights in your Customer Data.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it to improve the Service, without obligation to you.

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need it and are bound by similar obligations, or as required by law.

We work to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. We may perform maintenance and may modify or discontinue the Service or features. Unless a separate service-level agreement is signed, the Service is provided without any uptime commitment.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement. This does not exclude warranties that cannot be excluded under applicable law, including mandatory consumer rights.

To the maximum extent permitted by law, Kloser will not be liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to the Service in any 12-month period will not exceed the greater of the amounts you paid us for the Service in that period or one hundred euros (€100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for wilful misconduct.

You will defend and indemnify Kloser against third-party claims, damages and costs arising from your Customer Data, your use of the Service in breach of these Terms, or your breach of applicable law (including data protection law) in respect of the data you process through the Service.

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay, or where required by law, giving notice where reasonable. On termination, your right to use the Service ends; we will make Customer Data available for export for a limited period and then delete or return it in line with the Privacy Policy and the DPA, subject to legal retention requirements.

We may update these Terms. If we make material changes, we will notify you through the Service or by email before they take effect. Your continued use of the Service after the changes take effect means you accept the updated Terms; if you do not agree, you should stop using the Service.

These Terms are governed by the laws of Portugal, excluding its conflict-of-laws rules. The courts of Aveiro, Portugal, will have jurisdiction, subject to any mandatory rules that give you, as a consumer, the right to bring proceedings in, or to the protection of the laws of, your country of residence.

If you are a consumer in the EU, you may also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

• Entire agreement: these Terms, the Privacy Policy and the DPA are the entire agreement between us regarding the Service and supersede prior agreements on the subject.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a reorganisation, merger or sale.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices: we may give notices through the Service or by email to your account address.
• No agency: these Terms do not create any partnership, agency or employment relationship.

Questions about these Terms: legal@kloser.org. Operator: JCUNHAFONTE, LDA, Rua da Presa 25, 3830-262 Ílhavo, Aveiro, Portugal.