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Terms and Conditions

PropertyList.es – Terms & Conditions

Effective Date: 8 February 2025

By using PropertyList.es, you agree to these Terms and Conditions. If you do not agree, you should discontinue use of the platform.

PropertyList.es is designed to facilitate property listings and lead generation for real estate professionals in Spain.

Section I: Introduction & Definitions

1.1 Introduction
Welcome to PropertyList.es, your comprehensive property listing platform tailored for the unique and diverse real estate landscape of Spain. By accessing or using our platform, you acknowledge and agree to abide by these Terms and Conditions, alongside all relevant supplementary policies and agreements.

1.2 Definitions & Interpretations

  • “Platform” refers to PropertyList.es, including its website, mobile apps, tools, and associated services.
  • “Member” refers to real estate agents, agencies, or affiliates registered on the platform.
  • “Listing” refers to property descriptions, images, and relevant data uploaded by members.
  • “Services” refers to features, tools, and functionalities available on PropertyList.es.
  • “Us,” “We,” or “Our” refers exclusively to PropertyList.es and its operating entities.

Section II: Registration, Account Creation & Management

2.1 Eligibility & Registration
To register, users must be 18+ years old and legally permitted to operate within the Spanish real estate sector.
PropertyList.es may verify registrations and request supporting documentation.

Account Acceptance & Agreement
By creating an account, clicking “I agree”, or otherwise using the Platform after being shown these Terms, you accept these Terms and confirm you have authority to bind the entity you represent. PropertyList.es records and retains users’ acceptance (including the version of Terms accepted, user identity and timestamp). By creating an account or using the Platform, you agree to these Terms. If you do not agree, you must refrain from creating an account or using the Platform.

2.2 Account Authorisation
By registering on PropertyList.es, you represent and warrant that you have received express authorisation from the estate agency or company you represent to open and operate an account on this platform. You acknowledge that any account created without such authorisation constitutes a breach of these Terms, and you assume full responsibility for any claims, damages or losses arising from such unauthorised actions. In the event that an account is found to have been created without proper authorisation, PropertyList.es reserves the right to immediately suspend or terminate the account without prior notice. Furthermore, PropertyList.es shall not be held liable for any claims or losses arising from the unauthorised use of an agency’s name.

2.3 Account Security & Integrity
Members are responsible for maintaining the confidentiality of their account credentials, including passwords, and for all activities that occur under their account, whether authorised or unauthorised. Members must promptly notify PropertyList.es of any unauthorised access or suspected security breaches. Failure to do so may result in the member being held liable for any consequences arising from such activities.

2.4 Right to Refuse Service
PropertyList.es reserves the right, at its sole discretion, to refuse, suspend, or terminate access to its services to any individual or entity, for any reason or no reason, at any time, without prior notice or explanation subject to mandatory consumer protections. This includes, but is not limited to, the refusal of listings, removal of existing listings, suspension of accounts, or denial of platform access. PropertyList.es is not obligated to provide any justification for such actions and shall not be liable for any consequences arising from the exercise of this right.

Section III: Content, Listings & Proprietary Rights

3.1 Listing Protocols & Compliance
All property listings must comply with regional real estate laws and regulations and must be authorised by the property owner. PropertyList.es reserves the right to review and audit listings for compliance. If a listing is found to be non-compliant, PropertyList.es may, at its sole discretion, take one or more of the following actions:

  • Remove the listing without prior notice.
  • Suspend or terminate the member’s account.
  • Impose a penalty, which will be notified to the member.

Members agree to cooperate fully with any compliance audits or investigations conducted by PropertyList.es.

3.2 Content Usage & Rights Allocation
Members retain ownership of the content they upload to PropertyList.es. However, by uploading content, members grant PropertyList.es a perpetual, royalty-free, worldwide license to use, display, and promote the content for marketing and operational purposes. This license remains in effect even after a listing is removed by the member, unless the member formally requests in writing to revoke the license for future promotional use. PropertyList.es will honour such requests within 30 days of receipt, but previously published promotional materials may not be retracted.

3.3 User-Generated Content & Liability
Members are solely responsible for ensuring that all content they upload, including property details, images, and descriptions, is accurate, up-to-date, and does not infringe on any third-party intellectual property rights (e.g., copyrighted images, trademarks, or other proprietary materials). Members must obtain all necessary permissions and licences before uploading any third-party content. PropertyList.es is not liable for any claims arising from the unauthorised use of third-party intellectual property. Members agree to indemnify and hold harmless PropertyList.es, its officers, employees, agents, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising out of their use of the platform or the uploading of any content that infringes upon third-party intellectual property rights or violates applicable laws or regulations.

3.4 API & XML Feed Subscriptions
PropertyList.es may integrate with third-party services such as payment processors, CRM systems, or MLS databases. Users acknowledge that PropertyList.es is not responsible for the performance, security, or data handling of these services.

XML Feed Subscription
The XML Feed Subscription is an optional, paid integration intended for technically skilled members. By subscribing:

  • You are responsible for installing, configuring, and maintaining the feed.

  • PropertyList.es provides documentation and automated endpoints but does not provide on-site installation, bespoke integration, or custom development.

  • Use of AI-generated code, third-party plugins, or external consultants is at your own risk. PropertyList.es is not liable for errors, data loss, or misconfigurations caused by subscriber actions.

Support & Service Levels
Basic documentation and email support are included. Additional development or troubleshooting is treated as paid professional services.

Ownership & License
Members retain ownership of their content. Enabling the feed grants PropertyList.es a licence to distribute the data as needed to provide the service. Resale or redistribution to third parties requires a separate written licence.

Refunds & Termination
Feeds are non-refundable except when PropertyList.es is demonstrably at fault. Access may be suspended or terminated for abuse, security issues, or non-payment. Subscribers must maintain backups of all imported or replicated data. Refunds may be given in credits at PropertyList.es’ disgresion.

Changes
PropertyList.es may modify feed formats or endpoints, providing at least 30 days’ notice for backward-incompatible changes.

Limitation of Liability
PropertyList.es’s liability is subject to Section VIII of these Terms.

XML Feed — Operational Terms & License

(a) Feed Spec & Access. PropertyList.es will publish a versioned XML feed specification and issue access credentials (API key) to subscribers. Subscribers must secure their API keys and are solely responsible for key confidentiality; compromised keys may be revoked.

(b) Rate Limits, Monitoring & Logs. PropertyList.es may enforce reasonable rate limits and require logs, diagnostics or evidence to investigate issues. Continued abuse, excessive usage or behaviour that threatens platform stability may result in temporary suspension of feed access.

(c) Installation & Support. Subscribers are responsible for installing, configuring, testing and maintaining the feed on their systems. PropertyList.es supplies documentation and basic email support. Custom integration, on-site configuration, bespoke development or troubleshooting beyond documentation is not available.

(d) License & Redistribution. Members retain ownership of listing content. By enabling the XML feed you grant PropertyList.es a limited licence to distribute the member’s data for feed delivery. Subscribers may not re-sell, re-syndicate, sublicense or provide the feed to third parties without a separate written licence from PropertyList.es.

(e) Backups & Data Loss. Subscribers must maintain backups of any data imported from the feed. PropertyList.es is not liable for loss of subscriber copies or derivative data.

(f) Changes & Notice. Backward-incompatible changes to feed formats or endpoints will be announced in writing at least 30 days in advance; PropertyList.es will make reasonable efforts to support prior formats during transition.

(g) Liability. Subject to applicable law, PropertyList.es’s liability in relation to the XML Feed is limited as set out in Section IX. Subscribers accept the operational risks of self-installation and third-party integrations.

3.5 Intellectual Property Rights
All intellectual property rights, including but not limited to trademarks, logos, designs, software, and proprietary technology associated with PropertyList.es, are the exclusive property of PropertyList.es or its licensors. Users are granted a limited, non-exclusive, non-transferable licence to access and use the platform in accordance with these Terms & Conditions. Any unauthorised use, reproduction, or distribution of PropertyList.es’s intellectual property is strictly prohibited and may result in legal action.

3.6 Third-Party Services & Liabilities
PropertyList.es is not responsible for any disruptions, errors, or issues arising from third-party services integrated with the platform, including but not limited to payment processors, CRM integrations, or MLS databases. Any claims arising from such services should be directed to the relevant third-party provider.

Section IV: Data Management, Privacy & Cybersecurity

4.1 Data Usage, Retention & Deletion
PropertyList.es collects and processes personal data to provide services, comply with legal obligations, and support legitimate operational purposes. Users have the right to access, correct, and request deletion of their personal data, subject to mandatory legal obligations and justified business needs (for example: fraud prevention, tax, accounting, or contractual records).

Upon account closure, PropertyList.es will delete personal data that is no longer necessary for the purposes for which it was collected in a timely manner and in accordance with our Data Retention Schedule (published in the Privacy Policy). Certain categories of data may be retained for longer where required by law or necessary for legitimate business purposes; such retention periods and legal bases are set out in the Privacy Policy and Data Retention Schedule.

In the event of a personal data breach affecting user data, PropertyList.es will notify the relevant supervisory authority without undue delay and, where required by law, notify affected users within 72 hours of becoming aware of the breach (when feasible).

PropertyList.es acts as data controller for content uploaded by members, and as data processor for personal data processed on behalf of customers where applicable. A standard Data Processing Agreement is available on request or via our Info Hub and will apply where parties execute it. The DPA describes processing purposes, security measures, subprocessors, international transfers (if any), and the obligations of each party.

4.2 Cybersecurity Measures
PropertyList.es employs state-of-the-art security protocols, including Cloudflare and other advanced measures, to protect user data. However, no system is entirely immune to risks, and absolute security cannot be guaranteed. Users are encouraged to take their own precautions to safeguard their accounts, such as using strong, unique passwords, enabling two-factor authentication where available, and regularly updating their login credentials. PropertyList.es is not liable for any unauthorised access or data breaches resulting from the user’s failure to adopt adequate security measures.

4.3 Marketing & Email Communication
By registering on PropertyList.es, users consent to receiving marketing emails, platform updates, and service notifications. Users may opt out at any time through their account settings or by contacting support or clicking opt out on emails.

Section V: Payment & Subscription Policy

5.1 Credit Purchases & Subscription Model
Credits purchased on PropertyList.es are non-transferable outside of the purchasing agency and may not be sold, exchanged, or shared between different agencies or accounts. However, within an agency, credits may be shared with other users who hold “Can Feature” or “Admin” privileges, allowing them to use the credits for approved platform features (e.g., lead generation, premium listings). Any attempt to transfer or resell credits outside of these permitted conditions will result in immediate account suspension.
The subscription model offers discounted credits for recurring purchases, subject to the terms outlined at the time of purchase.

5.2 No Refund Policy (Credits, Subscriptions & Add-Ons)
Credits and subscriptions are non-refundable except as set out in this Section or as required by applicable consumer protection law. If PropertyList.es materially fails to provide a paid service (for reasons within our control) such that the service is unusable, users may submit a claim to MLS Support within 14 days of discovery providing detailed reproduction steps and logs. We will investigate and may issue platform credits or, where required by law, monetary refunds. Platform credits are the default remedy and will be applied at PropertyList.es’s discretion. This section does not limit statutory consumer rights.

5.3 Credit Expiration & Usage

Credits do not expire but can only be used for approved services within PropertyList.es.

5.4 Payment Methods & Pricing Changes
PropertyList.es reserves the right to update pricing for credits, subscriptions, or services. Users will be notified of pricing changes via email and through announcements on the Info Hub (info.propertylist.es) at least 30 days before changes take effect. Continued use of the platform after such notifications constitutes acceptance of the revised pricing. Accepted payment methods include major credit/debit cards and PayPal. PropertyList.es is not responsible for fees or currency conversion charges imposed by third-party payment processors.

5.5 Affiliate and Advertising Disclosures
Some content or listings on the platform may be sponsored, and PropertyList.es may engage in affiliate marketing programs. All users should be aware that certain content may be sponsored or affiliated with third-party services. These disclosures will be clearly indicated on the relevant listings.
PropertyList.es may provide links to third-party websites or services for the convenience of users. These links are provided solely as a reference, and PropertyList.es does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Users access third-party links at their own risk, and PropertyList.es shall not be liable for any damages or losses arising from such use.

5.6 WhatsApp Group Policy & Advertising Guidelines

PropertyList.es maintains official WhatsApp groups as communication hubs and property/request advertising for verified estate agents and registered members. These groups are intended to facilitate collaboration, sharing of listings, and real-time communication among professionals operating within the Spain.

5.6.1 Group Access & Eligibility
Access to official PropertyList.es WhatsApp groups is restricted to verified members with active accounts. Members must adhere to platform conduct rules and remain in good standing to retain group access.

5.6.2 Code of Conduct in WhatsApp Groups
All members are expected to behave professionally and respectfully. The following actions are strictly prohibited and may result in removal or banning from the groups:

  • Posting non-property-related content

  • Spamming, excessive posting, or repeated messages

  • Posting offensive, discriminatory, or aggressive comments

  • Attempting to sell services or products not related to real estate

  • Promoting third-party platforms or competitors

  • Sharing fake listings or unverified property information

PropertyList.es reserves the right to remove any message or member that violates these terms without prior notice or refund.

5.6.3 Booking & Moderation Process
To request a pin, members must contact MLS Support with the exact message, image, and link they wish to post. Payment must be confirmed before the pin goes live.

Moderators will handle the posting and timing of pins. All pinned messages are subject to approval and must comply with our content policies and terms of use. Refunds will not be issued if a pinned message is removed due to violations.

5.6.4 Enforcement & Accountability
Users who repeatedly violate group rules, ignore moderator warnings, or misuse the advertising system may face:

  • Temporary or permanent removal from WhatsApp groups

  • Suspension of account privileges on PropertyList.es

  • Loss of advertising or pinning privileges

  • Reporting to agency owners if the user acts on behalf of a company

Appeals may be submitted to MLS Support for review.

Section VI: Lead Generation & Quality Control

6.1 Lead Allocation & Response Time
Members must respond to leads within 3 working days. Failure to do so will result in the lead being reallocated to a duplicate or similar property to ensure the best user experience. Repeated failures to respond may result in restricted access/visibility to lead generation features or properties.

6.2 Lead Verification & Refunds
PropertyList.es verifies that public portal leads are not from estate agents. If a lead is confirmed to be from an agent, the credits used to obtain that lead will be refunded into your account.

Agents must report the lead within 10 working days of purchase to MLS Support.
The reported lead will be reviewed, and if applicable, credits will be refunded to the agent’s account immediately.
Refund decisions are final and at the sole discretion of PropertyList.es..

6.3 Handling Low-Quality Leads
A “low-quality lead” is defined as:

  • Leads from estate agents.
  • Invalid or non-functional contact information.
  • Accidental submissions where the lead has no genuine intent to engage.
  • Bots

Users may report low-quality leads to MLS Support, and complaints will be reviewed on a case-by-case basis.

PropertyList.es reserves the right to issue credit refunds or blacklist certain lead sources if repeated issues occur.

Section VII: User Responsibilities

7.1 General Responsibilities
Users must ensure that all information provided on the platform is accurate and up to date, use the platform for lawful purposes, and comply with all applicable regulations. Users are also responsible for third parties accessing their account and must follow account security and integrity procedures described in Section 2.3.

7.2 Compliance with Applicable Laws
Users must comply with all relevant local, regional, and international regulations, including:

  • GDPR (for handling personal data)

  • Real estate licensing and advertising laws

  • Anti-money laundering (AML) regulations, where applicable

7.3 Use of Platform Tools and Services
Users must:

  • Use lead generation, listing, and promotional tools in good faith.

  • Avoid any form of abuse or manipulation of system algorithms, including repeatedly relisting or duplicating properties to gain exposure.

  • Refrain from interfering with or disrupting platform functionality.

7.4 Responsibility for Third Parties
If a user gives account access to a third party (e.g., employee, assistant, marketing partner), the primary account holder remains fully responsible for that third party’s actions under their account.

7.5 Duty to Review Terms
Users are responsible for reviewing the Terms & Conditions periodically and remaining informed of any updates or changes that may impact their use of the platform.

Section VIII: Member Conduct & Ethics

8.1 Code of Conduct
For conduct in official WhatsApp groups, members must also comply with Section 5.6. Violations may result in suspension, removal from groups, or account actions as described in Section 5.6.

8.2 Reporting Violations

Violations of platform policies can be reported through the provided support channels.

8.3 Zero Tolerance & Account Termination
Illegal activities, fraudulent behavior, or violations of these terms will result in immediate account termination. PropertyList.es actively monitors accounts for fraudulent activities, including but not limited to:

  • Fake listings.
  • Unauthorised lead reselling.
  • Misrepresentation of properties.
  • Accounts found in violation may be permanently suspended without prior notice.

Appeal Process: If a user believes their account was wrongfully terminated, they may appeal the decision by contacting MLS Support. https://info.propertylist.es/docs/propertylist-mls-user-manual/additional-resources/mls-support/
Appeals will be reviewed on a case-by-case basis, and PropertyList.es retains sole discretion in determining the outcome.

8.4 Indemnity
The user agrees to indemnify, defend, and hold harmless PropertyList.es, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, and expenses (including legal fees) arising from the user’s breach of these Terms, misuse of the platform, or violation of any applicable laws.

Section IX: Disclaimers & Limitations of Liability

9.1 Platform Availability & Uptime
PropertyList.es operates on a best-effort basis. While we aim for high availability, we provide no uptime guarantee unless explicitly set out in a separately executed SLA addendum. Users acknowledge that interruptions and maintenance may occur and that PropertyList.es is not liable for downtime except as otherwise provided by a signed SLA.

9.2 Liability Limitations
PropertyList.es is not liable for:

  • Errors, omissions, or inaccuracies in listings.
  • Unauthorised account access.
  • Business losses due to platform outages.
  • Any bugs, viruses, or malicious software.

Users agree to use the platform at their own risk and acknowledge that PropertyList.es does not guarantee uninterrupted service or error-free operation.

9.3 No Guarantee of Results
While PropertyList.es provides tools to generate leads, users are solely responsible for their business outcomes. The platform does not guarantee the quality, success, or financial return of any leads, transactions, or business interactions.

9.4 Force Majeure
PropertyList.es will not be held liable for any delays, failures, or disruptions in service due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, government actions, strikes, technological failures, or cyberattacks.

9.5 Changes to the Platform & Termination of Services
PropertyList.es reserves the right to modify, discontinue, or change any aspect of its services at any time without prior notice. Users will not receive compensation or credits if services are discontinued.
Exception: If a user has paid for a feature that is still ongoing and has not been fulfilled at the time of discontinuation, PropertyList.es will issue a prorated refund or credits at its sole discretion.

9.6 Limitation of Liability for Loss of Profit
PropertyList.es shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of business profits, revenue, or data, even if PropertyList.es was advised of the possibility of such damages.

Section X: Legal Provisions & Compliance

10.1 Jurisdiction & Dispute Resolution

These Terms are governed by the laws of Spain. The parties shall attempt to resolve disputes in good faith by negotiation or mediation. If the dispute is not resolved within 90 days of written notice, the dispute will be finally resolved as follows:

(a) Business Users (B2B): Any dispute between commercial parties shall be submitted to binding arbitration administered by a recognised arbitration institution in Spain, in accordance with its rules. The seat of arbitration shall be Marbella, Málaga, Spain, and proceedings shall be conducted in English unless the parties agree otherwise. The tribunal will consist of a single arbitrator unless the applicable rules require otherwise.

(b) Consumers (B2C): Consumers retain the right to bring claims before courts with jurisdiction under applicable law. Nothing in these Terms shall deprive a consumer of mandatory rights under consumer protection laws.

Class Actions & Small Claims: Parties waive rights to participate in class-actions or collective proceedings for B2B disputes; consumers retain any mandatory rights to collective procedures as provided by law. Either party may pursue qualifying claims in small claims courts where permitted by law.

10.2 Compliance with Local, EU & International Regulations

Users must comply with all applicable local, EU, and international laws and regulations, including GDPR and the Digital Services Act (DSA). Users are solely responsible for ensuring compliance with legal requirements related to their real estate activities, including data protection, fair housing laws, and consumer rights legislation. PropertyList.es is not liable for users’ failure to comply.

10.3 Licensing & Permits
Users must hold all necessary licences, permits, and tax registrations required to operate legally. Upon request, users must provide proof of compliance. Failure to provide documentation may result in account suspension or termination.

10.4 Right to Modify Terms
PropertyList.es may modify, amend, or revise these Terms at any time. Significant changes will be communicated via email, and the updated Terms will be posted on the platform. Users are responsible for periodically reviewing the Terms to stay informed of updates. Continued use after notification constitutes acceptance of the revised Terms.

10.5 Severability Clause
If any provision is found invalid, illegal, or unenforceable, the remaining provisions remain in full force. The invalid provision will be replaced by a valid provision that closely reflects the original intent.

10.6 Entire Agreement Clause
These Terms, together with referenced policies (e.g., Privacy Policy), constitute the entire agreement between the user and PropertyList.es regarding the platform. They supersede all prior agreements. Users should periodically review these Terms to ensure they understand their rights and obligations. Any amendments must be made in writing and agreed upon by both parties.

Section XI: Contact & Support

11.1 Support & Communication
For inquiries, support, or reports, users may contact MLS Support here.
We aim to respond to all inquiries within 48 business working hours. Please note that response times may vary depending on the volume of requests and the complexity of the issue.

11.2 Escalation Process
If a user’s issue has not been resolved to their satisfaction, they may escalate the matter by contacting a senior representative of MLS Support or the PropertyList.es legal team for further resolution.

11.3 Data Protection Contact / DPO
For privacy or data protection enquiries (including data subject requests), contact: dataprotection@propertylist.es. For general support contact MLS Support via the Info Hub.