TERMS AND CONDITIONS

AutoThink Property Data Service

Last Updated: November 17, 2025

Version: 1.0

KEY FACTS YOU NEED TO KNOW:

1. Subscription Billing: Every 28 days (4 weeks), starting from your signup date

2. Cancellation Rule: Cancel at least 28 days BEFORE your next billing date to avoid being charged

3. Credit System:

• 1 credit = owner details WITHOUT phone number
• 2 credits = owner details WITH phone number
• Subscription credits reset every 28 days (unused credits don't carry over)
• One-time purchase credits NEVER expire

4. Data Source: We extract PUBLICLY AVAILABLE data from Idealista using third-party API services - we don't guarantee accuracy

5. Your Responsibility: You MUST comply with GDPR, telemarketing laws, and anti-spam regulations when using extracted data

6. Liability: We are NOT responsible for how you use the data or any damages from data inaccuracies

7. Governing Law: Laws of Portugal, Courts of Lisbon

1. ACCEPTANCE OF TERMS

By accessing, registering for, or using AutoThink Property Data Service (the "Service"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and AutoThink AI ("AutoThink," "we," "us," or "our").

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements.

1.2 Business Use Only

This Service is intended for business and professional use only. It is not intended for personal, family, or household purposes.

2. SERVICE DESCRIPTION

2.1 What We Provide

AutoThink provides a web-based platform that facilitates the extraction of publicly available property owner contact information from real estate listing websites, specifically Idealista. The Service allows users to:

• Extract property owner names and addresses (1 credit)
• Extract property owner names, addresses, and phone numbers (2 credits)
• Download extracted data in structured formats
• Access data through our API
• Utilize a credit-based system for data extraction

2.2 Third-Party Data Sources and API Services

IMPORTANT DISCLOSURE: Our Service utilizes a third-party API service (Idealista7 by Scraperium) to extract data from Idealista's publicly available website. You acknowledge and agree that:

• We Do Not Own or Control the Third-Party API: The data extraction functionality depends entirely on the availability, reliability, and functionality of this third-party API service provided by Scraperium
• No Guarantees of Availability: The third-party API provider may change, discontinue, or restrict their service at any time without notice to us
• Service Interruptions: If the third-party API becomes unavailable, we may be unable to provide data extraction services temporarily or permanently
• No Liability for Third-Party Services: We are not responsible for any errors, failures, or changes to the third-party API service
• Data Source Changes: Idealista may change their website structure, which may affect the third-party API's ability to extract data

All data extracted through our Service is publicly available information displayed on Idealista's website. We do NOT:

• Access password-protected areas
• Hack, breach, or circumvent security measures
• Extract non-public personal information
• Guarantee the accuracy, completeness, or currency of extracted data
• Control or own the underlying data sources

2.3 Geographic Coverage

Our Service currently covers property listings in:

• Spain
• Portugal
• Italy

Coverage may expand or contract based on third-party API availability and Idealista's regional operations.

2.4 Service Limitations

• Third-party API availability and functionality may change without notice
• Data availability depends on what property owners have publicly listed
• We do not verify, validate, or guarantee the accuracy of extracted data
• Service availability is subject to both our systems and third-party API accessibility
• Idealista may implement measures that affect data extraction capabilities
• Not all properties will have phone numbers available (phone numbers require 2 credits)

3. SUBSCRIPTION PLANS AND BILLING

3.1 Subscription Tiers

Our Service operates on a subscription basis with the following tiers:

Credit Usage:

• 1 credit = Extract owner details WITHOUT phone number (name, address only)
• 2 credits = Extract owner details WITH phone number (name, address, phone)

3.2 Billing Cycle - 28-Day Period

All subscriptions operate on a 28-day billing cycle (4 weeks), NOT monthly. Your billing cycle begins on the date you first subscribe and renews automatically every 28 days thereafter.

Examples:

• Subscribe on September 1st → Next billing: September 29th (28 days later) → Then October 27th
• Subscribe on October 15th → Next billing: November 12th → Then December 10th

3.3 Automatic Renewal

Your subscription will automatically renew every 28 days and your payment method will be charged automatically UNLESS you cancel at least 28 days before your next billing date.

3.4 Payment Processing

• All payments are processed securely through Stripe
• You authorize us to charge your designated payment method for all applicable fees
• You are responsible for keeping your payment information current and valid
• Failed payments may result in immediate service suspension
• We may retry failed payments up to 3 times over 7 days
• Persistent payment failures will result in account termination

3.5 Price Changes

We reserve the right to change our pricing at any time. Price changes will be communicated to you at least 30 days in advance via email and will take effect on your next billing cycle after the notice period. Continued use of the Service after price changes constitutes acceptance of the new prices.

3.6 Taxes

All prices are exclusive of applicable taxes, duties, and levies (including VAT). You are responsible for paying all applicable taxes associated with your use of the Service.

4. CANCELLATION AND REFUND POLICY

4.1 Cancellation Requirements - READ CAREFULLY

To cancel your subscription and avoid being charged for the next billing period, you MUST submit your cancellation request at least 28 FULL DAYS before your next billing date.

Cancellation Examples:

Example 1:

• Billing Date: September 1st
• Cancel by: August 4th (at 11:59 PM) → ✅ You will NOT be charged on September 1st
• Cancel on: August 5th or later → ❌ You WILL be charged on September 1st

Example 2:

• Billing Date: September 17th
• Second Billing: October 15th (28 days later)
• Cancel by: September 17th → ✅ You will NOT be charged on October 15th
• Cancel on: September 18th → ❌ You WILL be charged on October 15th

Example 3:

• First Billing: January 10th
• Cancel on: January 20th → ❌ You will STILL be charged on February 7th (28 days from Jan 10)
• Cancel on: January 10th → ✅ You will NOT be charged on February 7th

4.2 How to Cancel

Submit cancellation requests through:

• Your account dashboard at https://ownerretriever.autothinkai.net/dashboard
• Email to: support@autothinkai.net (subject: "Cancellation Request - [Your Email]")

Cancellation Confirmation:

• We will confirm your cancellation via email within 2 business days
• You will receive a cancellation confirmation number
• Your access continues until the end of your current paid period
• No partial refunds will be issued for the remaining days

4.3 No Refunds Policy

ALL SUBSCRIPTION FEES AND CREDIT PURCHASES ARE STRICTLY NON-REFUNDABLE. This includes but is not limited to:

• Partial billing periods (even if you cancel mid-period)
• Unused credits (regardless of reason)
• Cancellations submitted after the 28-day notice deadline
• Service dissatisfaction or unmet expectations
• Technical issues on your end (internet, computer, browser, etc.)
• Changes in your business needs or circumstances
• Inability to use credits before the next billing cycle
• Third-party API service disruptions or unavailability
• Changes to Idealista's website affecting data extraction
• Account termination for Terms violations

4.4 Limited Exceptions

Refunds may be issued solely at our discretion in cases of:

• Documented service outages exceeding 72 consecutive hours caused by our systems (not third-party API)
• Billing errors that we can independently verify (duplicate charges, incorrect amounts)
• Fraudulent charges that you report to us within 48 hours of the charge

To request an exception, email legal@autothinkai.net with documentation. We will respond within 10 business days.

5. CREDITS SYSTEM

5.1 Credit Purchase and Allocation

Subscription Credits:

• Credits are automatically allocated to your account at the start of each 28-day billing period
• Subscription credits are valid for the current 28-day period only
• Unused subscription credits DO NOT carry over to the next billing period
• When your subscription renews, you receive a fresh allocation of credits (old unused credits are lost)

One-Time Credit Purchases:

• Additional credits can be purchased separately as one-time top-ups
• One-time purchase credits NEVER expire
• One-time credits are used after subscription credits are exhausted

Credit Usage:

• 1 credit = Extract property owner details WITHOUT phone number (name, address)
• 2 credits = Extract property owner details WITH phone number (name, address, phone)
• Credits can only be used for property data extraction through our Service

5.2 Credit Allocation Examples

Example 1 - Starter Plan:

• September 1: Subscribe, receive 120 credits
• September 15: Use 50 credits (70 remaining)
• September 29: New billing cycle, receive fresh 120 credits (old 70 credits are lost)

Example 2 - Professional Plan with Top-Up:

• October 1: Subscribe, receive 400 subscription credits
• October 10: Purchase 100 one-time credits (total: 500 credits)
• October 25: Use 450 credits (50 subscription credits remaining)
• October 29: New billing cycle, receive fresh 400 subscription credits (old 50 lost, but 100 one-time credits still valid)
• Total credits: 500 (400 subscription + 100 one-time that never expire)

Example 3 - Enterprise Plan:

• January 5: Subscribe, receive 1,200 credits
• January 20: Use 800 credits (400 remaining)
• February 2: New billing cycle, receive fresh 1,200 credits (old 400 credits are lost)

5.3 Credit Usage Priority

Credits are consumed in the following order:

1. Subscription credits (oldest first)

2. One-time purchase credits (oldest first)

5.4 No Credit Transfers

Credits are non-transferable between:

• Different user accounts
• Different billing periods (subscription credits only)
• Different individuals or entities
• Subscription plans (no credit preservation when upgrading/downgrading mid-cycle)

5.5 Credit Usage Tracking

You can monitor your:

• Current credit balance
• Subscription credits vs. one-time credits
• Usage history
• Next billing date

Through your account dashboard at https://ownerretriever.autothinkai.net/dashboard at any time.

5.6 Failed Extractions

• If a data extraction attempt fails due to our system errors, the credit(s) will be refunded to your account
• If extraction fails due to third-party API issues, data unavailability, or no phone number available, credits are NOT refunded
• You are responsible for verifying extraction results immediately

5.7 Phone Number Availability

• Not all properties have phone numbers available
• If you request extraction WITH phone number (2 credits) but no phone number is available, you will be charged 2 credits
• We recommend testing with 1-credit extractions first to check data availability

6. ACCEPTABLE USE POLICY

6.1 Permitted Uses

You may use the Service only for:

• Legitimate business purposes in real estate, property management, or related industries
• Real estate marketing and sales activities
• Property research and market analysis
• Business development and lead generation
• Compliance with all applicable laws and regulations

6.2 Prohibited Uses

You expressly agree NOT to:

a) Legal Violations

• Violate GDPR, ePrivacy Directive, CCPA, or any data protection laws
• Violate telemarketing regulations (including national Do Not Call registries)
• Violate anti-spam laws (CAN-SPAM Act, GDPR direct marketing rules, etc.)
• Engage in harassment, stalking, threatening, or intimidating behavior
• Use extracted data for any illegal purpose
• Violate any applicable local, national, or international law or regulation

b) Misuse of Extracted Data

• Sell, rent, lease, or redistribute extracted data to third parties for commercial purposes
• Use extracted data for illegal spam, unsolicited bulk marketing, or robocalls
• Create databases for resale or commercial licensing to others
• Share your account credentials, login information, or API keys with others
• Use data in violation of individuals' privacy rights

c) System Abuse

• Attempt to circumvent usage limits, credit systems, or billing mechanisms
• Reverse engineer, decompile, disassemble, or derive source code from the Service
• Use automated tools, bots, or scripts to scrape our Service or API
• Overload, flood, or interfere with our servers, networks, or infrastructure
• Attempt to gain unauthorized access to our systems, databases, or other users' accounts
• Introduce viruses, malware, or any harmful code
• Perform security testing or vulnerability scanning without prior written permission

d) Intellectual Property Violations

• Infringe on any third party's copyright, patent, trademark, or intellectual property rights
• Use our trademarks, logos, trade names, or brand elements without express written permission
• Copy, reproduce, or distribute our software, documentation, or proprietary materials

e) Competitive Activities

• Use the Service to build a competing product or service
• Benchmark our Service for competitive purposes without written permission
• Monitor our Service's availability, performance, or functionality for competitive intelligence

6.3 Enforcement and Consequences

Violation of this Acceptable Use Policy may result in:

• Immediate account suspension without notice
• Immediate account termination without refund
• Forfeiture of all credits (subscription and one-time) and subscription fees
• Legal action and liability for damages, costs, and attorney fees
• Reporting to appropriate law enforcement or regulatory authorities
• Cooperation with legal investigations and lawsuits

We reserve the right to investigate suspected violations and cooperate with law enforcement.

7. DATA ACCURACY AND WARRANTIES

7.1 Disclaimer - No Warranty of Accuracy

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:

• The accuracy, completeness, timeliness, or currency of extracted data
• The availability, accessibility, or reliability of Idealista, third-party APIs, or other data sources
• The fitness, suitability, or appropriateness of data for any particular purpose
• The reliability, validity, or correctness of contact information
• The continued operation of third-party API services
• The absence of errors, bugs, or data corruption
• The availability of phone numbers for all properties

7.2 Third-Party Data Sources

All data is extracted from publicly available third-party websites (primarily Idealista) via third-party API services (Scraperium/Idealista7). We:

• Do not control, own, or verify source website content
• Are not responsible for changes, errors, or inaccuracies in source websites
• Cannot guarantee continued access to source websites or APIs
• Do not endorse, validate, or authenticate source website data
• Are not liable for third-party API service disruptions, changes, or termination
• Cannot control Idealista's policies, terms, or technical measures

7.3 Your Responsibility to Verify

You acknowledge and agree that:

• You are solely and exclusively responsible for verifying any extracted data before use
• You will independently confirm the accuracy of all data prior to acting on it
• You will not rely solely on extracted data for important business decisions
• We are not liable for any decisions, actions, or consequences based on extracted data
• Incorrect or outdated data may result in wasted outreach efforts, legal issues, or business losses

7.4 Service Availability - "AS IS" Basis

While we strive for high availability, we do NOT guarantee:

• Uninterrupted, continuous, or error-free service operation
• Any specific uptime percentages or service level agreements (SLAs)
• Freedom from bugs, viruses, errors, or other harmful components
• Compatibility with all devices, browsers, or operating systems
• Real-time data extraction or immediate results
• That third-party API services will remain available
• That all properties will have phone numbers available

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties.

8. GDPR AND DATA PROTECTION COMPLIANCE

8.1 Your Obligations as Data Controller

When you extract and use personal data through our Service, YOU are the Data Controller under GDPR and equivalent data protection laws. You are fully responsible for:

• Establishing and documenting a lawful basis for processing personal data (legitimate interests, consent, contract, legal obligation, vital interests, or public task)
• Complying with ALL GDPR principles: lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability
• Obtaining necessary consents from data subjects where required by law
• Providing clear, comprehensive privacy notices to data subjects
• Honoring and facilitating all data subject rights (access, rectification, erasure, restriction, portability, objection, automated decision-making)
• Implementing appropriate technical and organizational security measures
• Maintaining detailed records of processing activities
• Reporting data breaches to supervisory authorities within 72 hours
• Conducting Data Protection Impact Assessments (DPIAs) where required
• Appointing a Data Protection Officer (DPO) if required by law

8.2 Our Role as Data Processor

AutoThink acts as a Data Processor for personal data you extract through our Service. We process data only:

• According to your documented instructions via your use of the Service
• In accordance with these Terms and applicable data protection laws
• For the sole purpose of providing the Service to you

8.3 Data Subject Rights

You acknowledge that individuals whose data you extract have extensive rights under GDPR, including:

• Right to be informed about data processing
• Right to access their personal data
• Right to rectification of inaccurate or incomplete data
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing (including direct marketing)
• Rights related to automated decision-making and profiling

YOU are solely responsible for responding to data subject requests and facilitating these rights.

8.4 Lawful Basis for Processing

Before extracting personal data, you MUST have a valid lawful basis under GDPR, such as:

• Legitimate interests (with proper balancing test and documentation)
• Consent from data subjects (freely given, specific, informed, unambiguous)
• Contractual necessity
• Legal obligation
• Vital interests
• Public task

Warning: "Legitimate interests" is often claimed but frequently misapplied. Consult legal counsel.

8.5 Direct Marketing and Telemarketing Compliance

If you use extracted data for direct marketing, telemarketing, or sales outreach, you MUST:

• Comply with ePrivacy Directive, GDPR Article 21, and local telemarketing laws in Spain, Portugal, and Italy
• Check and honor national Do Not Call registries before contacting
• Maintain suppression lists for individuals who opt out
• Provide clear, easy opt-out mechanisms in all communications
• Include your business identity and contact information in all outreach
• Cease contact immediately upon request
• Document consent where required (especially for electronic marketing)
• Not use automated calling systems without proper consent
• Comply with specific calling hour restrictions in each country

Failure to comply may result in significant fines up to €20 million or 4% of global revenue and legal liability.

8.6 Data Retention

You must:

• Retain personal data only as long as necessary for your stated purposes
• Implement data retention and deletion policies
• Securely delete data when no longer needed
• Not retain data indefinitely "just in case"

8.7 International Data Transfers

If you transfer extracted data outside the European Economic Area (EEA), you must:

• Ensure adequate safeguards (Standard Contractual Clauses, Binding Corporate Rules, adequacy decisions)
• Comply with GDPR Chapter V requirements
• Document transfer mechanisms

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Our Intellectual Property

All aspects of the Service, including but not limited to:

• Software, source code, object code, algorithms, and APIs
• Website design, layout, graphics, and user interface
• Logos, trademarks, service marks, trade names, and branding
• Documentation, user guides, help materials, and tutorials
• Database structures, schemas, and architectures
• Proprietary methods, processes, and know-how

are exclusively owned by AutoThink or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws in Portugal, the European Union, and internationally.

9.2 Limited License to Use Service

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes in strict accordance with these Terms.

This license does NOT grant you any ownership rights in the Service.

9.3 Restrictions on Use

You may NOT:

• Copy, modify, adapt, translate, or create derivative works of our Service or software
• Reverse engineer, decompile, disassemble, or derive source code from the Service
• Remove, alter, obscure, or tamper with any proprietary notices, labels, or marks
• Use our trademarks, logos, or brand elements without prior written permission
• Frame, mirror, or create links to our Service in a manner that implies endorsement
• Rent, lease, sell, sublicense, distribute, or transfer the Service to third parties
• Use the Service to develop competing products or services

9.4 User-Generated Content

You retain ownership of any content, data, or materials you upload, input, or create using the Service. By using the Service, you grant us a worldwide, royalty-free, non-exclusive license to use, store, process, and transmit such content solely to provide and improve the Service.

9.5 Extracted Data Ownership

While we do not claim ownership of the data you extract using our Service, we do NOT warrant that such data is free from third-party intellectual property rights, privacy rights, or other legal restrictions.

You are solely responsible for ensuring your use of extracted data complies with all applicable laws, including copyright, database rights, and privacy laws.

9.6 Feedback

If you provide us with feedback, suggestions, ideas, or recommendations ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize such Feedback without any obligation or compensation to you.

10. LIMITATION OF LIABILITY

10.1 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, OR QUALITY
• WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THIRD-PARTY API AVAILABILITY OR FUNCTIONALITY

WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

10.2 LIMITATION OF LIABILITY - CRITICAL

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTOTHINK, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY:

a) Indirect, Incidental, Special, Consequential, Punitive, or Exemplary Damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data, information, or databases
• Loss of goodwill, reputation, or business relationships
• Cost of procurement of substitute goods or services
• Business interruption or downtime
• Wasted time, resources, or efforts
• Legal fees, penalties, or fines from third parties
• Regulatory enforcement actions or penalties

b) Direct Damages exceeding the LESSER OF:

• The total amount you paid to AutoThink in the 3 months immediately preceding the event giving rise to the claim, OR
• €500 (five hundred euros)

What this means: If something goes wrong and you sue us, the MAXIMUM we will pay you is whichever is SMALLER:

• What you paid us in the last 3 months, OR
• €500

Examples:

• You paid €29/month for 3 months = €87 total → Maximum liability: €87

You paid €29.99/month for 3 months = €89.97 total → Maximum liability: €89.97

• You paid €79/month for 3 months = €237 total → Maximum liability: €237

You paid €79.99/month for 3 months = €239.97 total → Maximum liability: €239.97

• You paid €199/month for 3 months = €597 total → Maximum liability: €500 (capped at €500)

You paid €199.99/month for 3 months = €599.97 total → Maximum liability: €500 (capped at €500)

c) Damages Arising From or Related To:

• Your use or inability to use the Service
• Inaccuracies, errors, omissions, or outdated information in extracted data
• Reliance on extracted data for business decisions
• Your violation of applicable laws or regulations (GDPR, telemarketing, etc.)
• Unauthorized access to, alteration of, or deletion of your data or account
• Third-party conduct, content, or services (including Scraperium API)
• Service interruptions, terminations, suspensions, or unavailability
• Third-party API changes, failures, or discontinuation
• Changes to Idealista's website or policies
• Data breaches, security incidents, or cyberattacks
• Your sharing of account credentials or API keys
• Failure to backup your data
• Loss of unused credits (subscription or one-time)

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (contract, tort, negligence, strict liability, statute, or otherwise) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Mandatory Legal Exceptions

These limitations do not apply to liability that cannot be excluded or limited under applicable Portuguese or EU law, including:

• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited or excluded by law

10.4 Basis of the Bargain

You expressly acknowledge and agree that:

• We have set our prices and entered into these Terms in reliance upon these disclaimers and limitations of liability
• These limitations reflect a reasonable and fair allocation of risk between the parties
• Without these limitations, we could not offer the Service at the current price point
• You have had the opportunity to review these limitations before subscribing

10.5 Essential Purpose

If any limitation or disclaimer is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable while preserving its essential purpose and economic effect.

11. INDEMNIFICATION

11.1 Your Indemnification Obligation

You agree to defend, indemnify, and hold harmless AutoThink, its affiliates, subsidiaries, parent companies, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all third-party claims, demands, actions, lawsuits, proceedings, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorney's fees and legal costs) arising from or related to:

a) Your Use of the Service:

• Your use or misuse of the Service or extracted data
• Your reliance on extracted data for business decisions
• Your sharing of account credentials or API keys

b) Your Violations:

• Your violation of any provision of these Terms
• Your violation of any third-party rights, including privacy, publicity, intellectual property, or data protection rights
• Your violation of any applicable laws or regulations

c) GDPR and Data Protection:

• Any GDPR violations, data protection complaints, or regulatory investigations related to your use of extracted data
• Data subject complaints or requests related to data you extracted
• Fines, penalties, or enforcement actions by data protection authorities
• Claims by individuals whose data you extracted or contacted

d) Direct Marketing Activities:

• Telemarketing violations, spam complaints, or Do Not Call registry violations
• Harassment, stalking, or threatening behavior toward individuals you contacted
• Unsolicited marketing or communications using extracted data

e) Content and Data:

• Any content, data, or materials you submit, upload, or transmit through the Service
• Fraudulent, negligent, or intentional misconduct by you or your employees

f) Third-Party Claims:

• Claims by Idealista, Scraperium, or other third parties related to your use of the Service
• Intellectual property infringement claims

11.2 Indemnification Process

• We will provide you with prompt written notice of any claim subject to indemnification
• You will cooperate fully with us in the defense of any claim
• We reserve the right to assume exclusive control of the defense and settlement of any claim, at your expense
• You may not settle any claim without our prior written consent if it imposes obligations on us or admits liability on our behalf
• Your indemnification obligations survive termination of these Terms

11.3 No Limitation

Your indemnification obligations are in addition to, and not in lieu of, any other remedies we may have under these Terms or applicable law.

12. TERMINATION

12.1 Termination by You

You may terminate your subscription at any time by following the cancellation procedures in Section 4.

• Termination takes effect at the end of your current paid 28-day billing period if you provide proper 28-day advance notice
• If you fail to provide 28-day notice, you will be charged for the next billing period and termination takes effect at the end of that period
• No refunds for early termination
• All unused subscription credits are forfeited
• One-time purchase credits remain valid until you close your account

12.2 Termination by Us - Immediate Suspension/Termination

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice and without refund, for any reason, including but not limited to:

• Violation of these Terms or Acceptable Use Policy
• Fraudulent activity, payment fraud, or chargebacks
• Illegal activity or use of the Service for illegal purposes
• Non-payment of fees or failed payment attempts
• GDPR violations, spam complaints, or regulatory complaints
• Harm to our systems, infrastructure, reputation, or other users
• Excessive or abusive use of resources
• Security threats or suspected account compromise
• Extended periods of inactivity (12+ months)
• Request from law enforcement, regulators, or court order
• Discontinuation of the Service (with 30 days' notice for good-standing users)

12.3 Effects of Termination

Upon termination of your account for any reason:

• Your access to the Service is revoked immediately and permanently
• All outstanding fees become immediately due and payable
• All unused subscription credits are forfeited with no refund or compensation
• All unused one-time purchase credits are forfeited with no refund (if account closed or terminated for cause)
• We may delete your account data, extracted data, and all associated information
• You must immediately cease all use of the Service and any extracted data (if terminated for cause)
• You must delete or destroy all copies of data extracted from the Service (if terminated for cause)
• Your payment obligations for charges incurred prior to termination remain in effect
• Sections that by their nature should survive (liability, indemnification, confidentiality, dispute resolution) will continue to apply

12.4 Data Retention After Termination

• Account data: Retained for 30 days after termination, then permanently deleted
• Billing records: Retained per legal requirements (minimum 7 years for Portuguese tax law)
• Usage logs and analytics: Retained for 90 days, then deleted
• GDPR/legal hold data: Retained as required by law or pending litigation

12.5 No Liability for Termination

We shall not be liable to you or any third party for any damages, losses, or consequences resulting from suspension or termination of your account in accordance with these Terms.

13. PRIVACY AND DATA PROTECTION

13.1 Privacy Policy

Our collection, use, storage, and protection of your personal information is governed by our Privacy Policy, available at [PRIVACY POLICY URL - TO BE CREATED], which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy.

13.2 Data Processing Agreement (DPA)

For users subject to GDPR or other data protection laws, our Data Processing Agreement (DPA) governs how we process personal data on your behalf as a Data Processor. The DPA is available at [DPA URL - TO BE CREATED] and forms part of these Terms.

13.3 Your Account Security

You are solely responsible for:

• Maintaining the confidentiality and security of your login credentials, passwords, and API keys
• All activities that occur under your account, whether authorized or not
• Notifying us immediately at support@autothinkai.net of any unauthorized access, security breach, or suspected compromise
• Using strong, unique passwords and enabling two-factor authentication if available
• Not sharing your account credentials with any third party
• Logging out of your account when using shared or public computers

We are not liable for any loss or damage arising from your failure to secure your account.

13.4 Data Security Measures

We implement appropriate technical and organizational measures to protect your data, including:

• Encryption of data in transit (TLS/SSL) and at rest (AES-256)
• Regular security audits, penetration testing, and vulnerability assessments
• Access controls, authentication mechanisms, and role-based permissions
• Employee confidentiality obligations and security training
• Secure data centers and infrastructure
• Incident response and data breach notification procedures

However, no system is 100% secure. We use the Service at your own risk.

13.5 Data Breach Notification

In the event of a data breach affecting your personal data or account:

• We will notify you without undue delay and within 72 hours of becoming aware
• We will provide details of the breach, affected data, and remediation steps
• We will cooperate with regulatory investigations and legal requirements

13.6 Your Data Rights

You have rights regarding your personal data under GDPR, including:

• Right to access your data
• Right to correct inaccurate data
• Right to delete your data
• Right to export your data

To exercise these rights, contact support@autothinkai.net.

14. MODIFICATIONS TO TERMS

14.1 Right to Modify

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. We will notify you of material changes by:

• Email to your registered email address (at least 30 days before effective date)
• Prominent notice on our website homepage
• In-app notification upon login
• Update to the "Last Updated" date at the top of these Terms

14.2 Effective Date of Changes

• Material changes (pricing, liability, cancellation, refunds, credit system): Effective 30 days after notice
• Non-material changes (clarifications, formatting, minor updates): Effective immediately upon posting
• Legal/regulatory changes: Effective immediately if required by law

14.3 Acceptance of Changes

Your continued use of the Service after the effective date of changes constitutes your acceptance of the modified Terms. If you do not agree to the changes:

• You must cancel your subscription before the effective date
• You will not be charged for subsequent billing periods if you cancel with proper 28-day notice
• Continued use after the effective date means you accept the new Terms

14.4 Version History

We will maintain a version history of these Terms. Previous versions are available upon request by emailing legal@autothinkai.net.

15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1 Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of Portugal, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

15.2 Jurisdiction and Venue

Any legal action, lawsuit, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of Lisbon, Portugal, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection to jurisdiction or venue in these courts.

15.3 Informal Dispute Resolution

Before filing any formal legal action, you agree to first contact us at legal@autothinkai.net to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

15.4 Waiver of Class Actions and Jury Trial

You agree that:

• Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action
• You waive any right to participate in a class action lawsuit or class-wide arbitration
• You waive any right to a jury trial

15.5 Limitation Period

You must bring any claim arising under these Terms within one (1) year after the cause of action arises, or the claim is permanently barred.

16. MISCELLANEOUS PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and AutoThink regarding the Service and supersede all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or enforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by our authorized representative. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

16.4 Assignment

You may not assign, transfer, delegate, or sublicense these Terms or your rights hereunder, in whole or in part, without our prior written consent. Any attempted assignment in violation of this section is void and of no effect.

We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder without restriction, including to any affiliate, subsidiary, successor, or purchaser of our business or assets.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms, pandemics)
• War, terrorism, riots, civil unrest, or government actions
• Labor disputes, strikes, or lockouts
• Internet outages, telecommunications failures, or cyberattacks
• Third-party API failures, Idealista website changes, or Scraperium service disruptions
• Power outages, hardware failures, or data center issues
• Government regulations, embargoes, or sanctions

16.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and AutoThink. You have no authority to bind AutoThink or make commitments on our behalf.

16.7 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. Only you and AutoThink are parties to these Terms.

16.8 Notices

All notices, requests, and communications under these Terms must be in writing and sent to:

To AutoThink:

• Email: legal@autothinkai.net (for legal matters)
• Email: support@autothinkai.net (for support matters)
• Address: Portugal

To You:

• Email: Your registered email address on file with us

Notices are deemed received:

• When sent by email (if sent during business hours)
• The next business day (if sent by email outside business hours)

16.9 Language

These Terms are executed and written in English. Any translation is provided for convenience only. In case of any conflict or inconsistency between the English version and any translation, the English version shall prevail and control.

16.10 Export Compliance

You agree to comply with all applicable export and import laws and regulations of Portugal, the European Union, and any other applicable jurisdiction. You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to EU or international embargo
• You are not listed on any EU or international sanctions list
• You will not use the Service in violation of any export restrictions

16.11 Government Users

If you are a government entity or using the Service on behalf of a government entity, you acknowledge that the Service is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in applicable procurement regulations.

16.12 Headings

The section and paragraph headings in these Terms are for convenience only and have no legal or contractual effect.

17. CONTACT INFORMATION

For questions, concerns, support, or notices regarding these Terms or the Service, please contact us:

AutoThink AI

Support Inquiries:

Email: support@autothinkai.net

Response Time: Within 48 business hours

Legal Matters:

Email: legal@autothinkai.net

Response Time: Within 10 business days

Business Address:

Portugal

Website:

https://ownerretriever.autothinkai.net

Account Dashboard:

https://ownerretriever.autothinkai.net/dashboard

18. ACKNOWLEDGMENT AND ACCEPTANCE

BY CLICKING "I AGREE," CREATING AN ACCOUNT, SUBSCRIBING TO THE SERVICE, OR USING THE SERVICE IN ANY WAY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

✓ You have carefully read, understood, and agree to be legally bound by these Terms in their entirety

✓ You are at least 18 years old and have the legal capacity and authority to enter into this binding contract

✓ You will use the Service solely for legitimate business purposes in compliance with all applicable laws

✓ You understand and accept the 28-day billing cycle and that subscriptions renew automatically every 28 days

✓ You understand and accept the 28-day cancellation notice requirement to avoid future charges

✓ You understand the credit system: 1 credit for details without phone, 2 credits for details with phone

✓ You understand that subscription credits reset every 28 days and unused credits don't carry over

✓ You understand that one-time purchase credits never expire

✓ You understand and accept that all fees and credits are strictly non-refundable

✓ You acknowledge your responsibilities as a Data Controller under GDPR for any personal data you extract

✓ You understand that we use third-party API services (Scraperium/Idealista7) and that service availability depends on these third parties

✓ You accept the limitations of liability, disclaimers of warranties, and "AS IS" nature of the Service

✓ You understand the maximum liability cap (lesser of 3 months payments or €500)

✓ You agree to defend, indemnify, and hold harmless AutoThink for your misuse of the Service or violations of law

✓ You understand that extracted data is not guaranteed to be accurate and you are responsible for verification

✓ You will comply with GDPR, telemarketing laws, anti-spam regulations, and all data protection requirements in Spain, Portugal, and Italy

✓ You consent to the jurisdiction of Portuguese courts in Lisbon for any disputes

✓ You have had the opportunity to seek independent legal advice regarding these Terms

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Last Updated: November 17, 2025

Version: 1.0

Effective Date: November 17, 2025