Terms and Conditions of Use
These Terms and Conditions govern the access and use of the HomLista platform, including its website, applications, tools, services, and features.
Last updated: July 1, 2026Welcome to HomLista.
These Terms and Conditions govern the access and use of the HomLista platform, including its website, applications, tools, services, and features available for users, real estate agents, real estate agencies, and other professionals who use the platform.
By accessing, registering, or using HomLista, you declare that you have read, understood, and fully accepted these Terms and Conditions, as well as the Privacy Policy and the Cookies Policy.
1. Legal Information
HomLista is a technological platform owned and operated by:
Suenitza LLC
A limited liability company incorporated under the laws of the State of Wyoming, United States of America.
Contact email: hola@homlista.com
Suenitza LLC develops, manages, and operates HomLista, a technological platform aimed at the real estate sector, which offers digital tools and services, including, among others, the publication of properties, customer management (CRM), Lead generation and management, real estate websites, automations, integrations, productivity tools, artificial intelligence, marketing solutions, and any other feature, product, or service that is part of the Platform currently or in the future.
HomLista may create, incorporate, modify, update, replace, suspend, or remove features, products, services, integrations, plans, or characteristics of the Platform at any time, when necessary for technical, operational, commercial, legal, or strategic reasons, without this generating a right to compensation for the User, except for mandatory legal provisions to the contrary.
HomLista provides its services to Users located in different countries. Access and use of the Platform will be governed by these Terms and Conditions, without prejudice to the application of those mandatory legal provisions that are required according to the legislation of the User's country of residence or establishment.
Nothing in these Terms shall limit Suenitza LLC's compliance with the legal obligations applicable to it regarding personal data protection, consumer protection, electronic commerce, fraud prevention, or any other public order regulations applicable to the provision of its services.
2. Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meaning indicated below:
HomLista: Technological platform operated by Suenitza LLC, intended to offer digital solutions for the real estate sector, including, among others, property publication, lead management, business tools, real estate websites, and other services available on the platform.
Platform: The official HomLista website, its applications, services, tools, features, interfaces, APIs, and integrations that Suenitza LLC makes available to users.
User: Any natural or legal person who accesses, browses, registers, or uses the Platform, regardless of the contracted plan.
Account: Personal record created by a User to access HomLista services.
Real Estate Agent: Professional User authorized to publish properties, manage leads, and use the tools available for marketing real estate.
Real Estate Agency: Natural or legal person that manages one or several agent accounts within HomLista and uses the Platform for the management of their real estate activity.
Property: Any real estate published within HomLista, including houses, apartments, land, commercial premises, offices, real estate developments, or any other type of real estate permitted by the Platform.
Listing: Publication made by a User regarding a Property, including text, photographs, videos, documents, location, features, and any other associated information.
Lead: Person interested in a Property who voluntarily shares their contact details through the forms, tools, or integrations available on HomLista.
CRM: Customer and lead management tool provided by HomLista to facilitate commercial follow-up by Agents and Agencies.
Real Estate Website: Custom website provided by HomLista as part of certain service plans, managed by the User and connected to the Platform.
Plan: Service modality contracted by the User, whether free or paid, with specific features, limits, and characteristics.
Content: All information published, uploaded, or transmitted by Users within the Platform, including text, images, photographs, videos, documents, logos, trademarks, comments, files, and any other material.
Services: The set of features, tools, products, and integrations offered by HomLista, present or future.
Third Parties: Natural persons, legal entities, or service providers other than Suenitza LLC and the User.
Unless the context expressly indicates otherwise, terms defined in the singular will also include their plural form, and vice versa.
3. Purpose of the Platform
HomLista is a technological platform designed to facilitate the promotion, marketing, and management of activities related to the real estate sector through digital tools.
The Platform offers its Users different features, which may vary depending on the contracted plan and the evolution of the service, including, among others:
- Publication and administration of real estate properties.
- Reception and management of prospects (leads).
- Commercial management tools (CRM).
- Custom real estate websites.
- Marketing, communication, and productivity tools.
- Integrations with third-party services and platforms.
- Any other feature developed and incorporated by HomLista.
HomLista acts exclusively as a technological service provider.
Under no circumstances does HomLista participate as a real estate agent, broker, intermediary, legal advisor, tax advisor, appraiser, developer, financial institution, or party in the transactions carried out between Users and third parties.
HomLista does not guarantee the completion of real estate operations, the acquisition of clients, lead generation, closing sales or rentals, or specific commercial results derived from the use of the Platform.
Each User is solely responsible for their use of the services offered by HomLista and for complying with applicable legislation in the country where they carry out their professional activity.
HomLista may expand, modify, update, replace, suspend, or eliminate any of its services, features, or tools at any time, temporarily or permanently, with the aim of improving the Platform, complying with legal obligations, maintaining service security, or responding to technical, commercial, or strategic needs.
4. Acceptance of Terms
By accessing, browsing, registering, or using any feature of HomLista, the User acknowledges having read, understood, and fully accepted these Terms and Conditions, as well as the Privacy Policy and the Cookies Policy.
If the User does not agree, in whole or in part, with any of the provisions contained in these documents, they must refrain from accessing or using the Platform.
Acceptance of these Terms constitutes a legally binding agreement between the User and Suenitza LLC.
HomLista may request acceptance of these Terms again when substantial modifications are published or when necessary for legal, regulatory, or technical reasons.
Continued use of the Platform after an update of these Terms comes into effect will constitute acceptance of said update, except for applicable legal provisions to the contrary.
5. Eligibility
Access to and use of HomLista is permitted only to natural or legal persons with sufficient legal capacity to enter into contracts in accordance with applicable legislation.
By using the Platform, the User declares and guarantees that:
- They are over eighteen (18) years of age or have the necessary legal capacity to use the services offered by HomLista.
- The information provided during registration and use of the Platform is truthful, complete, and will be kept updated.
- They act on their own behalf or have the necessary authorization to represent a natural or legal person.
- They will at all times comply with the legislation, regulations, and obligations applicable to their professional activity and use of the Platform.
HomLista may request additional information to verify the User's identity or the legitimacy of their activity when necessary for security reasons, fraud prevention, legal compliance, or protection of the Platform.
HomLista reserves the right to reject registrations, limit access, suspend, or cancel accounts when it reasonably considers that the User does not meet the requirements established in these Terms or that their use may represent a risk to the Platform, its Users, or third parties.
6. Registration and Account
To access certain features of HomLista, the User must create an Account providing truthful, complete, and up-to-date information.
The User is solely responsible for maintaining the confidentiality of their access credentials and for all activities carried out from their Account.
The User agrees to:
- Keep their Account information updated.
- Protect their access credentials and not share them with third parties.
- Immediately notify HomLista of any unauthorized access, misuse, or suspected security breach of their Account.
- Use the Platform in accordance with these Terms and applicable legislation.
Each Account is personal and non-transferable, except for those features that expressly allow the administration of multiple users within an Agency according to the contracted plan.
HomLista may limit the number of Accounts, Users, Agents, Properties, features, or any other resource available according to the contracted plan.
The User will be responsible for all activity carried out from their Account, unless they prove that such activity was the result of a vulnerability attributable exclusively to HomLista.
HomLista may temporarily suspend access to an Account, request additional information, reset credentials, or adopt security measures it deems necessary when it detects unusual activities, unauthorized access, breaches of these Terms, or any situation that may compromise the security of the Platform, other Users, or third parties.
The creation of Accounts using false information, fictitious identities, impersonation of third parties, automated means, or any mechanism intended to bypass Platform limitations constitutes a serious breach of these Terms and may result in the immediate suspension or cancellation of the Account, without prejudice to applicable legal actions.
7. Permitted Use of the Platform
The User agrees to use HomLista responsibly, lawfully, and in accordance with these Terms and Conditions.
The use of the Platform must be exclusively for the purposes authorized by HomLista and in accordance with applicable legislation.
The User may use the Platform to:
- Publish, manage, and promote real estate properties.
- Manage prospects (leads) and business relationships using the available tools.
- Create and manage professional agent or real estate agency profiles.
- Use the features included in the contracted plan.
- Share information and content related to their real estate activity.
- Use the integrations and services offered by HomLista under the applicable conditions.
The User agrees to act in good faith and to maintain professional and respectful behavior toward other Users and third parties.
The use of HomLista does not grant the User any ownership rights over the Platform, its software, infrastructure, trademarks, databases, or any of its components.
HomLista may establish technical, operational, or commercial limits on certain features to ensure the stability, security, performance, and proper functioning of the Platform.
Any use other than that expressly authorized in these Terms may be considered a breach and give rise to the adoption of measures established by HomLista, including the suspension or cancellation of the Account.
8. Prohibited Use of the Platform
In order to protect the security, stability, and reputation of HomLista, it is strictly prohibited to use the Platform for illegal, fraudulent activities, or activities contrary to these Terms.
Without prejudice to other restrictions provided by applicable legislation, the User agrees not to:
- Publish false, misleading, inaccurate information, or information that may mislead.
- Publish properties without authorization or for which they do not have marketing rights.
- Impersonate any natural or legal person.
- Create accounts using false information or fictitious identities.
- Share, sell, rent, transfer, or assign their Account to third parties without HomLista's express authorization.
- Use bots, scripts, automated software, or any other mechanism designed to automatically interact with the Platform without prior authorization.
- Carry out scraping activities, mass data extraction, data mining, automated indexing, or systematic collection of information contained in the Platform.
- Attempt unauthorized access to HomLista's systems, servers, databases, APIs, or infrastructure.
- Decompile, reverse engineer, copy, modify, or attempt to discover the source code, architecture, or internal functioning of the Platform, unless expressly permitted by applicable legislation.
- Introduce viruses, malware, malicious code, or any element that may affect the security, availability, or functioning of the Platform.
- Interfere, overload, or attempt to compromise the normal operation of HomLista through attacks, mass requests, or any other activity that affects service performance.
- Use the Platform to send spam, unsolicited advertising, chain messages, or any other unauthorized mass communication.
- Publish illegal, offensive, defamatory, discriminatory, violent, threatening, pornographic content, or content that infringes third-party rights.
- Publish content that infringes copyright, trademarks, image rights, intellectual property rights, or any other third-party right.
- Bypass technical or commercial limitations associated with the contracted plan.
- Use HomLista for purposes other than those for which the Platform was developed.
- Carry out any activity that, in HomLista's reasonable judgment, may compromise the security, integrity, availability, reputation, or proper functioning of the Platform.
HomLista may investigate any conduct it considers contrary to these Terms and adopt the measures it deems necessary to protect the Platform, its Users, and third parties.
Failure to comply with any of the prohibitions set forth in this section may result, depending on the severity of the case, in temporary suspension, definitive cancellation of the Account, removal of published content, limitation of features, blocking of access to certain services, and, where appropriate, the exercise of applicable civil, administrative, or criminal legal actions.
The adoption of any of these measures will not give rise to a right to refund, indemnification, or compensation in favor of the User, except for applicable legal provisions to the contrary.
9. Property Listings
Users are solely responsible for all information, documentation, and content they publish through HomLista.
By publishing a Property, the User declares and warrants that:
- They have the right, authorization, or necessary representation to market or publish the Property.
- The published information is truthful, complete, up-to-date, and not misleading.
- The published content complies with applicable legislation and does not infringe third-party rights.
- The photographs, videos, floor plans, documents, and other materials used belong to them or they have the necessary authorizations for their use.
The User agrees to keep the information of their Properties up-to-date and to correct any inaccurate or outdated data as soon as they become aware of it.
HomLista does not systematically verify the authenticity, accuracy, availability, ownership, or legal status of the published Properties and, consequently, does not guarantee the truthfulness of the information provided by Users.
HomLista reserves the right, without obligation of prior notice, to review, limit, hide, reject, suspend, or remove any Listing that:
- Violates these Terms.
- Contains false, misleading, or incomplete information.
- Infringes third-party rights.
- Violates applicable legislation.
- May affect the security, operation, or reputation of the Platform.
- Does not meet the quality standards defined by HomLista.
The removal, suspension, or rejection of a Listing will not give rise to a right to refund, compensation, or indemnification whatsoever, unless applicable legal provisions state otherwise.
The User retains ownership of the content they publish on the Platform. However, as long as such content remains published, they grant Suenitza LLC a worldwide, non-exclusive, royalty-free, sublicensable license limited to the operation of HomLista to store, reproduce, adapt, distribute, publicly communicate, promote, and display such content through the Platform, search engines, social networks, advertising campaigns, and other means necessary for the provision and promotion of HomLista services.
Said license will terminate when the content is removed from the Platform, without prejudice to backup copies, legal retention obligations, or content that has already been used in previously published promotional campaigns or materials.
10. Leads and CRM
HomLista provides Users with technological tools for the reception, organization, administration, and follow-up of commercial prospects ("Leads") through its CRM system and the integrations available on the Platform.
Leads may originate from, among other sources:
- HomLista contact forms.
- Property listings.
- Real Estate Websites.
- Integrations with third-party platforms.
- Advertising campaigns authorized by the User.
- Any other channel enabled by HomLista.
Each Lead will be assigned to the corresponding Agent or Agency according to the Platform settings.
HomLista acts exclusively as a provider of technological infrastructure for Lead management and does not participate in the commercial relationship between the User and their prospects.
The User is solely responsible for:
- Properly managing the Leads received.
- Contacting their prospects.
- Complying with applicable legislation regarding personal data protection, advertising, and commercial communications.
- Obtaining, when appropriate, the necessary consents for the processing of personal data.
Leads received through the Platform will remain available as long as the User maintains an active account and in accordance with HomLista's data retention policies.
HomLista does not guarantee the quantity, quality, availability, exclusivity, conversion, or commercial result of the Leads generated through the Platform or its integrations.
HomLista may record information related to Lead management, including activities, statuses, dates, follow-up history, and other information necessary for the proper functioning of the CRM.
HomLista may integrate third-party services for the reception, synchronization, or administration of Leads. The use of such integrations will be subject to both these Terms and the conditions established by the corresponding providers.
Unless there is a legal or contractual provision to the contrary, HomLista will not use Lead data for purposes other than the provision of the services contracted by the User.
In the event of suspension, cancellation, or termination of the Account, HomLista may retain the information for the period necessary to comply with legal obligations, resolve disputes, prevent fraud, enforce its rights, or execute its data retention policies, in accordance with the Privacy Policy.
11. Real Estate Websites
Certain Plans may include access to a customized Real Estate Website connected to the HomLista Platform.
The Real Estate Website constitutes a technological feature provided by HomLista to facilitate the User's digital presence and the dissemination of their properties and professional services.
The User will be solely responsible for the content published on their Real Estate Website, including texts, images, logos, trademarks, contact information, properties, documents, and any other material incorporated into it.
HomLista does not systematically review the content published on Real Estate Websites and does not guarantee the accuracy, legality, or recency of the information disseminated by its Users.
The User guarantees that they have all the necessary rights, authorizations, and licenses over the content published on their Real Estate Website and will hold HomLista harmless from any third-party claim derived from such content.
The features available on each Real Estate Website may vary according to the contracted Plan and may be modified, expanded, or updated by HomLista at any time to improve the Platform or adapt to technical, commercial, or legal needs.
The suspension, cancellation, expiration, or non-payment of the contracted Plan may result, at HomLista's discretion, in the temporary or definitive suspension of the Real Estate Website, associated features, and linked services until the situation is regularized or the Account is restored.
During such period, HomLista will not be obliged to keep the Real Estate Website accessible to the public or to provide the associated services.
The reactivation of services will be subject to compliance with the current conditions and the regularization of any pending amount, when applicable.
HomLista will retain exclusive ownership at all times of the Platform, its infrastructure, software, developments, templates, design, source code, features, and other technological elements that make the operation of Real Estate Websites possible.
The User will retain ownership of the content they publish on their Real Estate Website, granting HomLista only the necessary license to host, process, display, and properly provide the contracted services.
12. Intellectual Property
All intellectual and industrial property rights related to HomLista are and will remain the exclusive property of Suenitza LLC or their respective owners.
The above includes, but is not limited to:
- The Platform and its architecture.
- The software, source code, and object code.
- The databases and their structure.
- The graphic design, user interface (UI), and user experience (UX).
- The logos, trademarks, trade names, domains, and visual identity.
- The texts, documentation, manuals, and content developed by HomLista.
- The features, algorithms, processes, methodologies, and technological developments.
- Any improvement, update, new feature, or development incorporated into the Platform.
The use of HomLista does not confer on the User any ownership right, license, or exploitation right over the Platform or any of its elements, except the limited, personal, revocable, and non-exclusive right to use the services in accordance with the contracted Plan and these Terms.
It is strictly prohibited, unless prior written authorization from Suenitza LLC is obtained, to:
- Copy, reproduce, modify, or distribute the Platform or any of its components.
- Create derivative works.
- Market, sublicense, resell, or exploit HomLista services.
- Decompile, disassemble, reverse engineer, or attempt to obtain the source code of the Platform, except in cases expressly permitted by applicable legislation.
- Remove, hide, or modify intellectual property or copyright notices.
The User will retain ownership of the content they publish on HomLista. However, they grant Suenitza LLC the license provided in the "Property Listings" section, exclusively for the provision, promotion, and improvement of the services offered by the Platform.
Any unauthorized use of HomLista's protected assets may result in the immediate suspension of the Account and the exercise of civil, administrative, or criminal actions that correspond according to applicable legislation.
13. Service Availability
HomLista makes reasonable efforts to keep the Platform available, secure, and functioning properly. However, the User acknowledges and agrees that no technological service can guarantee continuous, uninterrupted, or error-free availability.
Consequently, HomLista does not guarantee that the Platform:
- Will be available at all times.
- Will function without interruptions, errors, or delays.
- Will be free of technical failures, vulnerabilities, or incompatibilities.
- Will permanently meet the User's particular expectations.
HomLista may totally or partially suspend the Platform or any of its services for reasons of maintenance, updates, security, technical improvements, legal compliance, infrastructure failures, or any other circumstance it deems necessary to ensure the proper functioning of the service.
When reasonably possible, HomLista will try to inform in advance about scheduled maintenance that may significantly affect Platform availability. However, immediate interruptions may occur when there is an emergency situation, security risk, technical incident, or any other justifying circumstance.
HomLista will not be liable for loss of information, business interruptions, loss of revenue, loss of business opportunities, indirect damages, or any other consequence derived from temporary interruptions, technical failures, maintenance, computer attacks, connectivity problems, external provider failures, or force majeure events.
The User is responsible for maintaining backups of information they consider important and for adopting necessary measures to ensure the continuity of their professional activity.
14. Exclusion and Limitation of Liability
HomLista is exclusively a technological platform developed and operated by Suenitza LLC to facilitate property publication, information management, prospect (Lead) administration, the creation of real estate websites, and the provision of digital tools intended for the real estate sector.
The User acknowledges and agrees that HomLista acts only as a technology provider and that it does not intervene, control, supervise, or participate in the negotiations, contracts, payments, reservations, visits, sales, leases, or any other operation carried out between Users or third parties.
Consequently, HomLista does not guarantee or assume any liability regarding:
- The existence, availability, ownership, physical condition, legal status, or commercial value of any Property.
- The truthfulness, accuracy, completeness, or recency of the information published by Users.
- The identity, solvency, legal capacity, behavior, good faith, or compliance with obligations by Users or third parties.
- The generation of Leads, contacts, business opportunities, sales, rentals, income, or any other economic outcome.
- The positioning of content in search engines, social networks, or third-party platforms.
- The continuity, availability, or functioning of services, platforms, or integrations provided by third parties.
- The permanent availability of the Platform or any of its features.
- The compatibility of the Platform with devices, browsers, operating systems, or external services.
- The commercial, financial, legal, tax, or strategic decisions adopted by the User based on the information obtained through HomLista.
The User acknowledges that they use the Platform at their own risk and that HomLista constitutes a technological support tool for their professional activity, without guaranteeing specific results.
To the maximum extent permitted by applicable legislation, Suenitza LLC, its partners, administrators, directors, employees, contractors, providers, affiliates, and collaborators will not be liable for direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including, but not limited to:
- Loss of revenue or profits.
- Loss of clients, prospects, or Leads.
- Loss of business opportunities.
- Loss, corruption, or alteration of data.
- Interruption of commercial activities.
- Reputational damages.
- Loss of profit.
- Costs derived from hiring substitute services.
- Claims made by third parties.
- Any other economic loss derived from access, use, inability to use, or functioning of the Platform.
Furthermore, HomLista will not be liable for damages or losses derived from:
- Errors or omissions in the information published by Users.
- Fraudulent, illegal, or negligent acts committed by Users or third parties.
- Computer attacks, viruses, malware, unauthorized access, or cybersecurity incidents beyond HomLista's reasonable control.
- Failures of external providers, hosting services, payment gateways, email services, advertising platforms, social networks, mapping services, infrastructure providers, or any other third-party service integrated with the Platform.
- Acts of God, force majeure, or any circumstance beyond Suenitza LLC's reasonable control.
Under no circumstances will Suenitza LLC's total cumulative liability arising from any claim related to the Platform or these Terms exceed the amount actually paid by the User to HomLista during the twelve (12) months immediately preceding the event giving rise to the claim.
When the User utilizes a Free Plan and has not made any payment to HomLista, Suenitza LLC's maximum liability will be the minimum permitted by applicable legislation.
No provision of these Terms will exclude or limit Suenitza LLC's liability when such exclusion or limitation is expressly prohibited by applicable mandatory legislation.
15. Suspension, Cancellation, and Termination of the Account
HomLista may, at its sole discretion and without prejudice to any other right or action it may have under applicable legislation, suspend, limit, restrict, cancel, or terminate total or partial access to the Platform when it reasonably considers that the User has breached these Terms or that their conduct represents a risk to the Platform, other Users, or third parties.
Among other circumstances, HomLista may adopt such measures when the User:
- Breaches any of the obligations set forth in these Terms.
- Provides false, incomplete, or misleading information.
- Uses the Platform fraudulently, abusively, or contrary to applicable legislation.
- Fails to comply with their payment obligations.
- Attempts to compromise the security, stability, or functioning of the Platform.
- Infringes intellectual property rights or third-party rights.
- Uses bots, automated tools, scraping techniques, or any unauthorized mechanism.
- Publishes prohibited content or content that may affect HomLista's reputation.
- Carries out activities that may compromise the security, availability, or integrity of the Platform.
The suspension may be temporary or definitive and may affect, among others, access to the Account, published Properties, the CRM, Real Estate Websites, integrations, and any other associated service.
The suspension, cancellation, or termination of the Account will not give rise to a right to refund, compensation, or indemnification whatsoever, except for mandatory legal provisions to the contrary.
The User may cancel their Account at any time through the means enabled by HomLista. The cancellation of the Account will not extinguish pending obligations, including those related to payments, intellectual property, confidentiality, liability, or any other obligation that, by its nature, must survive after the termination of the contractual relationship.
HomLista may retain certain information after the termination of the Account when necessary to comply with legal obligations, respond to requests from competent authorities, prevent fraud, resolve disputes, exercise or defend legal rights, or comply with its Privacy Policy.
The termination of the Account will not prevent Suenitza LLC from exercising any legal actions that may apply for breaches that occurred during the term of the contractual relationship.
16. Plans, Subscriptions, and Payments
HomLista offers different service Plans, both free and paid, whose features, functionalities, limits, benefits, and prices are published on the Platform and may be updated periodically.
Each Plan grants access only to the features expressly included in that Plan. HomLista may add new features, modify existing ones, or redefine the limits of each Plan according to the evolution of the Platform.
Free Plan
The Free Plan allows access to certain basic HomLista features with the limitations established on the Platform.
Paid Plans
Paid Plans allow access to additional features and will be subject to the payment of the corresponding fee.
The specific characteristics of each Plan can be consulted at any time on the official HomLista website.
Trial Period
HomLista may offer a seven (7) day free trial period for certain Plans, including PRO and VIP.
The availability of the trial period may vary based on promotional campaigns, country, User, or any other criteria defined by HomLista.
Each User may only benefit from one trial period per Plan, unless HomLista expressly determines otherwise.
At the end of the trial period, the subscription will automatically convert into a paid subscription if the User has not previously canceled it, in accordance with the conditions communicated during the contracting process.
Billing
Payments will be processed through external providers authorized by HomLista.
The User authorizes HomLista and its payment provider to make the corresponding charges according to the contracted Plan.
HomLista does not store complete bank card information or payment methods; such information is managed by the corresponding payment providers.
Automatic Renewal
Unless previously canceled by the User, all paid subscriptions will automatically renew at the end of each billing period.
The User may cancel the automatic renewal at any time before the next renewal date.
Cancellation will prevent future renewals, but will not result in a total or partial refund for the billing period already started, except where applicable law provides otherwise.
Plan Change
The User may request a Plan change when this feature is available.
Changes may take effect immediately or at the beginning of the next billing period, depending on HomLista's current commercial policies.
Price Modifications
HomLista may modify the prices of its Plans for future contractings or renewals.
When required by applicable legislation, HomLista will provide prior notice of price changes before they come into effect.
Payment Default
Failure to pay, rejection of a charge, expiration of the payment method, or any other issue related to billing will empower HomLista to totally or partially suspend, limit, or cancel access to the Platform.
Said suspension may affect, among other services:
- The publication of Properties.
- The CRM.
- Real Estate Websites.
- Integrations.
- Premium features.
- Any other service associated with the contracted Plan.
HomLista may reactivate services once the payment situation is regularized, without guaranteeing the recovery of information, positioning, settings, or features that may have been affected during the suspension period.
Refunds
Conditions applicable to refunds, returns, or financial cancellations will be governed by HomLista's Refund Policy, where one exists, and by applicable legislation.
Nothing in this section will limit HomLista's right to suspend, modify, or terminate any of its Plans or features when necessary for technical, commercial, legal, or strategic reasons.
17. Force Majeure
HomLista will not be liable for the breach, delay, suspension, or impossibility of providing totally or partially the services when this is a consequence of events or circumstances beyond its reasonable control.
Force majeure or fortuitous events will be considered, among others:
- Natural disasters, including earthquakes, hurricanes, floods, fires, storms, or extraordinary meteorological phenomena.
- Wars, armed conflicts, terrorism, civil unrest, general strikes, governmental acts, or restrictions imposed by competent authorities.
- Epidemics, pandemics, health emergencies, or measures adopted by public bodies.
- Failures or interruptions of telecommunication services, internet, electrical power, or technological infrastructure.
- Failures, interruptions, or incidents of external providers, including hosting services, cloud infrastructure, domain registrars, email providers, payment gateways, advertising platforms, social networks, mapping services, artificial intelligence services, messaging services, analytics tools, or any other technological provider used by HomLista.
- Cyberattacks, distributed denial-of-service (DDoS) attacks, malware, ransomware, unauthorized access, or any other security incident that cannot be avoided by reasonable measures.
- Any other unforeseeable or unavoidable event beyond Suenitza LLC's reasonable control.
During the existence of a force majeure event, HomLista may suspend, limit, or temporarily modify the provision of its services without this generating a right to indemnification, compensation, or any refund, except for mandatory legal provisions to the contrary.
HomLista will adopt reasonably available measures to restore the affected services as soon as circumstances permit.
18. Indemnification
The User agrees to hold harmless, defend, and indemnify Suenitza LLC, HomLista, its affiliated companies, subsidiaries, shareholders, administrators, directors, employees, representatives, contractors, providers, licensees, business partners, and successors from any claim, demand, judicial or administrative action, proceeding, investigation, sanction, fine, conviction, liability, loss, damage, harm, cost, expense, or disbursement of any nature, including reasonable attorneys', experts', and advisors' fees, and court costs, arising directly or indirectly from:
- The breach of these Terms and Conditions.
- The breach of the Privacy Policy, Cookies Policy, or any other policy published by HomLista.
- The improper, illegal, fraudulent, or negligent use of the Platform.
- The use of the Platform for purposes other than those for which it was developed.
- The publication of false, misleading, inaccurate, or outdated information.
- The publication of Properties for which the User does not have sufficient authorization.
- The publication of content that infringes copyright, trademarks, image rights, trade secrets, intellectual property rights, or any other third-party rights.
- The unlawful processing of personal data or failure to comply with applicable legislation on privacy, data protection, advertising, or electronic communications.
- Failure to comply with legal, tax, regulatory, or professional obligations applicable to the User.
- Claims made by owners, buyers, sellers, landlords, tenants, clients, Leads, authorities, public bodies, or any third party related to the User's actions.
- The use of photographs, videos, floor plans, documents, logos, or any other content without the corresponding authorizations or licenses.
- The transmission of malware, viruses, malicious code, or any other action that compromises the security of the Platform or third parties.
- Any willful, culpable, negligent action, or action contrary to applicable legislation carried out by the User.
- Any claim derived from commercial, professional, or real estate activities carried out by the User through HomLista.
This indemnification obligation shall also include reasonable expenses incurred by Suenitza LLC to prevent, investigate, respond to, negotiate, defend, or resolve any claim, proceeding, or dispute related to the above cases, regardless of whether a final judicial resolution exists.
HomLista shall have the right to assume, at its sole discretion and at its own expense, the legal defense of any proceeding to which this clause applies, without this releasing the User from their indemnification obligations.
The obligations set forth in this section will survive the suspension, cancellation, termination of the Account, or end of the contractual relationship between the parties and will remain in effect as long as any liability may arise from the events that originated them.
Nothing in this clause will limit Suenitza LLC's right to claim judicially or extrajudicially any additional damage, exercise civil, administrative, or criminal actions that correspond, or demand full compliance with the obligations assumed by the User in accordance with applicable legislation.
19. Assignment
The User may not assign, transfer, delegate, sublicense, or transmit, in whole or in part, the rights or obligations derived from these Terms without Suenitza LLC's prior, express, and written authorization.
HomLista may assign, transfer, delegate, or transmit, in whole or in part, these Terms, as well as any of its rights or obligations, without the User's prior authorization, in any of the following cases:
- Corporate restructuring.
- Merger.
- Spin-off.
- Acquisition.
- Total or partial sale of the business.
- Sale of assets.
- Change of control.
- Creation or reorganization of affiliated or subsidiary companies.
- Assignment to a company within the same corporate group.
- Any other corporate operation related to business continuity.
Said assignment will not affect the validity of these Terms nor the rights and obligations assumed by the User.
The User expressly agrees that any company that succeeds Suenitza LLC in the operation of HomLista may assume the contractual position of this relationship without the need to enter into a new contract or obtain additional acceptance.
This clause will remain in effect even after the suspension, cancellation, or termination of the Account, to the extent necessary to ensure the legal continuity of the services provided by HomLista.
20. Severability
If any provision of these Terms and Conditions were declared totally or partially null, invalid, illegal, or unenforceable by a competent judicial or administrative authority, such circumstance will not affect the validity, legality, effectiveness, or enforceability of the remaining provisions contained herein.
The affected provision will be interpreted or replaced, to the extent legally possible, by another that produces equivalent economic and legal effects and that most faithfully reflects the original intention of the parties.
The nullity or unenforceability of a provision will not imply the nullity of the contract as a whole, which will continue fully in force regarding all provisions that can survive in accordance with applicable legislation.
21. Entire Agreement
These Terms and Conditions, together with the Privacy Policy, the Cookies Policy, and any other policy or document expressly incorporated by reference and published by HomLista, constitute the entire agreement between the User and Suenitza LLC regarding access to and use of the Platform. Section headings are included for convenience only and will not affect the interpretation of these Terms.
22. Contact
If you have any questions or inquiries about these Terms and Conditions, you can contact us by email at hola@homlista.com or through our website at https://homlista.com/contact.