Thanks for your interest in our information, search and advertising services for platforms specialized in investment in real estate assets (hereinafter “Platform Service”).
By using our Platform Service, you agree to these terms (the “BrickFunding Platform Manager Terms”).Please read the Agreement carefully.
Party of the first part, BRICK AND MORTAR DIGITAL BUSINESS, S.L., with registered office at calle Artistas 46, P.C. 28020, Madrid, Spain; holder of Spanish company/individual tax ID number B-87696274, entered in the Companies’ Registry of Madrid in Volume 35.344, Folio 100, Section 8, Page No. M-635.399 (hereinafter “BrickFunding”), having the website https://www.brickfunding.com (hereinafter the “Website”), which is specialised in the collection and compilation of information about i) companies or platforms engaged in the promotion and/or management of investment in real estate assets (whether in the form of crowdfunding, crowdlending or direct investment platforms, both regulated and non-regulated, investment funds by means of fiat money, cryptocurrency, any type of cryptoassets or any other form of digital investment) in addition to ii) the online real estate investment opportunities offered by such companies or platforms, and which also has the subdomain https://platformmanager.brickfunding.com (hereinafter “BrickFunding Platform Manager”) that,through its Platform Service, allows the aforementioned platforms to register, update their profiles in BrickFunding’s Website database and contract additional automation, analysis, promotion and dissemination services.
Party of the second part, the company or web platform offering investment opportunities in the real estate sector by any of the above means (hereinafter the “Platform”) and wishing to register with the Website using BrickFunding Platform Manager, and which, after being informed of the service and how it works, declares that it knows and accepts these General Conditions of Service.
These General Terms and Conditions apply to all services that BrickFunding offers to Platforms and govern the contracting and use of the Platform Service via the Website and/or mobile application. The Platform will be notified of any amendments to these Terms and Conditions of Contract via the Platform’s account in BrickFunding Platform Manager.
Both parties, BrickFunding and the Platform, wish to formalise these General Conditions of Service, and accept the terms and conditions set out in the following GENERAL CONDITIONS:
For the purposes of this document, the following terms shall have the meanings assigned to them below:
Website: Interchangeably, the website or mobile application owned by BrickFunding: https://www.brickfunding.com. It is a website specialised in the publication and searching of online real estate investments offered by other companies or platforms. It is a public website designed to enable Users to access and consult general information published about Platforms and Projects. Users do not have to register to use the website, except for certain features that have to be accessed through the Users’ private area. Use of the website is subject to the General Terms and Conditions of Use published on the website.
Brickfunding Platform Manager: Web page owned by BrickFunding, through which the Platform Service is offered: https://platformmanager.brickfunding.com. It is a private area intended solely for owners, managers or authorised employees of the Platform. Access to the web page requires registration, a username and password.
Plataform: A company whose primary business activity is to offer online real estate investment projects or opportunities to investors. The projects may belong to the company itself or to third parties and may or may not be regulated and supervised in accordance with local or national regulations; payment may be accepted in fiat money, cryptocurrency and other generally accepted cryptoassets. Such companies are normally known as crowdfunding platforms, and are registered as a Platform in BrickFunding Platform Manager.
Project: An investment proposal drawn up by the Developer and/or the Platform containing a description, in accordance with the relevant legislation, of the purpose of the future individual, group or shared investment and the estimated return on investment, and which the User redirected by BrickFunding can access and study before deciding whether to invest in the business opportunity.
Developer: Legal person engaged in property development and/or operations that designs, drafts and publishes a Project for the purpose of offering it to potential investors or persons that might be interested in investing in the Developer’s real estate activity or in a particular area of its real estate activity. The Developer may offer a project directly, thus also acting as a Platform, or it may choose a specialised Platform to act as a broker between the Developer and investors, in accordance with relevant local or national regulations.
User: Natural or legal person registered as a User of the BrickFunding Website that may browse the site and view the different Platform profiles, in addition to the Projects they publish and which may, should they desire, be redirected to the Platform website where they can invest, should they wish, in a Project published on the website by the Platform itself or by a Developer. Users may link the accounts they opened in different Platforms using BrickFunding and thus manage their positions as users or investors of the Platforms from or via BrickFunding.
Payment Institution:Platform authorised to provide payment services in accordance with Spanish and European Union legislation. The payment institution has a direct legal relationship with the Platform and BrickFunding. Payment services are currently provided by Stripe and governed by the Stripe Services Agreement.
Stripe Services Agreements: Agreement setting out the terms and conditions governing the payment process between the Platform and BrickFunding for the contracted Platform Service fees. It is comprised of the Stripe Connected Account Agreement and the Stripe Terms of Service. It entails a direct legal relationship between the Platform and Stripe.
The purpose of this Agreement is to set out the terms and conditions that apply to BrickFunding and the Platform for the Platform Service provided by BrickFunding via BrickFunding Platform Manager.
By means of the Website, BrickFunding will provide information to Users about the Platform and the real estate investment projects offered by the Platform, in addition to those of other platforms, in order to promote i) awareness and dissemination of the Platform and its possible comparison with other platforms in the industry and ii) the acquisition of new investors for the Projects it publishes on its respective website.
In addition, BrickFunding will give the Platform the option of contracting various additional services such as automated data collection, data management, analysis, usage statistics and promotion and dissemination of the Platform and its investment projects.
The services provided by BrickFunding are, in turn, divided into cumulative offers comprised of one or more services subject to specific time limits (hereinafter the “Plan” or jointly the “Plans”) as described in https://platformmanager.brickfunding.com/pricing.
This Agreement does not regulate:
The relationship that may arise between the Developer, Platform or Users, should the latter decide to invest in the Projects published on the Platform’s respective website.
The relationship between the Platform and the Payment Institution (Stripe Services Agreement).
BrickFunding is not a crowdfunding or investment services platform, nor can it be inferred, under any circumstances, that it recommends investment in any of the Projects published and viewed on its Website and initially published by the Platform.
BrickFunding Platform Manager is a service intended solely for owners, managers or authorised employees of the Platform.
In order to use the Platform Service, the Platform must be registered in advance in BrickFunding Platform Manager and these General Conditions must be accepted.
When registering, the data provided by the Platform shall be accurate, current and truthful and include the following details:
Platform trade name.
URL of the website.
Summary of its business activity.
Type of investors targeted.
Type of real estate projects published.
Company tax ID number.
Contact email address and telephone number.
Contact persons with job titles.
Registration data of the relevant companies’ registry.
Investment form under which the Platform operates.
Specify whether the Platform is required to obtain a licence or is subject to regulation by a competent national regulator or supervisor on account of the Platform’s business activity.
When an administrative licence or authorisation is required, include a link to the licence granted by the regulator or supervisor.
Method used by the Platform to manage investors’ money.
If the Platform is an authorised payment institution or works with an authorised external company, include a link to the licence granted by the regulator or supervisor.
Year company was founded.
Country or countries in which it operates.
Profiles in different social media.
In addition, the Platform may include information about the company’s founders, management team, partners, investment rounds and other relevant information.
When registration has been completed, BrickFunding will send a confirmation of registration to the Platform, to the email address of the contact person indicated for this purpose. BrickFunding does not store its clients’ passwords, but merely validates the encrypted password. The Platform is solely responsible for the proper storage of its passwords.
When the Platform accepts the desired Plans and Services, by clicking on the appropriate window, it will be deemed that the Agreement has been concluded. Until such time as the Agreement has been concluded, the Platform shall have no rights or obligations whatsoever under this Agreement.
BrickFunding will make available to the Platform, in its private area, an extract summarising the Services and Plans it has contracted, in addition to the Special Conditions that apply.
After the Agreement has been concluded, the Platform can start using BrickFunding Platform Manager and, depending on the Plan it has contracted, may manually or automatically update its data, news and other profile details, such as the Projects it wishes to promote, and contract additional services.
Compliance with applicable regulations.
It is the Platform’s sole responsibility to ensure it complies with all relevant national regulations in relation to its legal form and business activity and that of the countries in which it wishes to contract additional promotional services.
The Platform shall ensure that use of BrickFunding Platform Manager is compliant with the relevant legislation and shall report any legal or administrative incidents that may arise from the use of the Platform Service or BrickFunding Platform Manager to BrickFunding. Furthermore, the Platform shall hold BrickFunding and the Users harmless from and against any penalties that might be imposed on the Platform as a result of using the Platform Service or BrickFunding Platform Manager.
Finally, the Platform warrants that its intentions are lawful and do not offend public morality or outrage public decency, both with respect to i) the viewing of the Platform by Users whose place of residence can be automatically traced to Spanish territory and ii) Users whose place of residence can be automatically traced to countries outside Spain, in accordance with the legislation in force, and, furthermore, that they are not a front for criminal or unlawful activities such as tax fraud, money laundering or the funding of terrorism.
Obligations in relation to the use of Brickfunding Platform Manager and performance of the Agreement.
To enable BrickFunding to perform its business activity, the Platform will provide it with the information, texts, logos and graphic elements needed for the promotion, advertising and other activities included in the Plans.
In addition, the Platform authorises BrickFunding to publish on the Website articles, information and content generated by the Platform (about its business activity, projects, promotional and opinion pieces) and undertakes to submit or enable access to this content via an API, Web Scraping or any other means so that they can be published on BrickFunding’s Website. BrickFunding will cite the source of the information and include the Platform’s logo and a link to the Platform.
For this purpose, the Platform warrants that it owns and has all rights to the items submitted, that the items comply with the legislation in force and do not offend public morality. Moreover, the Platform agrees to hold BrickFunding harmless against any claims brought against the latter in this respect.
In addition, the Platform shall keep up-to-date the information that BrickFunding requires for the performance of its business activities.
The Platform is responsible for the accuracy of the updated information and shall hold BrickFunding harmless against any claims brought against the latter in this respect.
If the Platform requires supervision by national law and/or a licence or authorisation to operate, the following information shall be submitted as quickly as possible:
Information about the authorisation and licence granted to the Platform by the national regulator.
Information about the developers and projects published on its website in accordance with the specifications set out in the regulations applying to the Platform.
Additional information or updating of the information described in the two previous points, in accordance with current legislation governing the Platform.
If the Platform is not required to obtain a licence or is not subject to regulatory oversight and may operate freely, this shall be expressly stated in the Platform’s form in BrickFunding.
The Platform warrants that all information submitted pursuant to this point is accurate and truthful and shall hold BrickFunding harmless against any claims brought against the latter for this reason.
The Platform shall allow BrickFunding to access, via BrickFunding Platform Manager, the data it requires for the provision of the services contained in the Plans contracted by the Platform. Accordingly, it shall allow techniques such as the crawling of the Platform’s website and the Projects published in the website by BrickFunding’s computer systems by bots, Screen Scraping or any other method or technique intended for the same purpose.
For this purpose, BrickFunding will furnish the Platform with a list of bots and IPs used to track changes made to projects, articles, news and information so that they will not be blocked and allowed access.
In addition, the Platform will allow Users that wish to link their accounts to BrickFunding to add their accounts to BrickFunding’s aggregation systems. Accordingly, the Platform shall expressly authorise BrickFunding, on behalf of the User, to obtain information on Users’ balances, positions and investments undertaken via the Platform using Screen Scraping or any other method or technique intended for the same purpose.
Access authorisation allows BrickFunding to provide services to the Platform and the Platform’s Users, thus enabling better promotion of its website and projects and allowing Users to view the content of the accounts or profiles they have open in the Platform’s website and in other similar platforms as an investor or under a similar name, all with the goal of helping them to manage their positions and investments via BrickFunding.
For this purpose, the Platform shall disclose data on its investors and Users in accordance with data protection regulations governing the management and processing of disclosed data and, consequently, be held accountable for the lawfulness of the data disclosure, holding BrickFunding harmless from and against all liabilities resulting from the data disclosure.
Knowing that BrickFunding is not a crowdfunding platform, whether regulated or not, or an investment services platform, the Platform shall have sole responsibility for the management of Users as investors pursuant to the relevant legislation.
Therefore, the responsibility for the investment process and management of Users that invest in Projects published on the Platform’s respective website lies with the Platform and, where applicable, the Users who acquire this status.
It is the Platform’s responsibility to ensure that it complies with the regulatory requirements governing its business activity and it cannot, under any circumstances, assign BrickFunding the general duty or responsibility to oversee the Platform’s compliance with its obligations.
On this point, any complaints received by BrickFunding from Users in relation to the registration or investment process for the Platform website and/or concerning the non-performance or defective performance of the Platform’s obligations will be forwarded to the Platform, which shall hold BrickFunding harmless from and against any losses or damages that may arise.
The legal relationship between BrickFunding and the Platform commences when the latter selects, by means of a click, the Plan offered by BrickFunding that is of interest to it, and the terms of the Agreements shall be agreed by the Parties.
Payment processing services under the Agreement and BrickFunding Platform Manager, which arise through the Platform, are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service; jointly, the Stripe Services Agreement.
By accepting these terms, performing the Agreement pursuant to these terms or continuing to operate as a BrickFunding Platform, the Platform shall perform the obligations of the Stripe Services Agreement, which may be amended by Stripe from time to time.
To enable BrickFunding to provide payment processing services through Stripe, the Platform agrees to furnish BrickFunding with accurate and complete information on the Platform and its business, and authorises BrickFunding to disclose this information, in addition to data relating to transactions under the payment processing service provided by Stripe.
The Stripe Services Agreement is set out in the following: https://platformmanager.brickfunding.com/payment-terms
By using BrickFunding Platform Manager as a Platform, the Platform authorises BrickFunding to collect the fees payable by the Platform.
Collection will be performed in the periods indicated in the Agreement.
The Platform shall respond with due care and attention to any requests made by BrickFunding and/or Stripe and, in general, any competent administrative or judicial authority, particularly in matters relating to money laundering. The Platform agrees to provide evidence of its board of directors/management and/or identity data that may be of use.
If the Platform fails to respond to BrickFunding and/or Stripe’s requests, the latter may take whatever action it/they deem appropriate, such as the freezing of amounts paid and/or the suspension of the Platform’s account in Stripe or terminate the Agreement.
If BrickFunding decides to change the payment services provider, it shall notify the Platform and give it its full support in transitioning to the new provider.
Either Party may terminate this Agreement and the provision of the Platform Service at any time by giving written notice (including by email) to the other Party at least ONE (1) month prior to the effective date of termination, which will be expressly stated in the notice, as well as the reason for terminating the Agreement.
Notwithstanding the foregoing, BrickFunding may terminate or suspend this Agreement with immediate effect by giving written notice (including by email) to the Platform, should the Platform breach any of the provisions herein.
BrickFunding will provide technical support and assistance to the Platform by email from the following address: [email protected].
BrickFunding will be responsible for maintaining promotional and publication services in https://www.brickfunding.com, described in https://platformmanager.brickfunding.com, and accepted by the Platform in the Special Conditions. Accordingly, it will carry out the management and administration tasks required for promotion and publication during the agreed period, including and locating the information received in the terms agreed by the Parties.
BrickFunding will collaborate with the Platform for the receipt of logos, brands, distinctive marks, newsletters and proprietary content and/or content relating to or arising from the Project published, in addition to any other items required for the provision of the services offered and contracted.
In addition, BrickFunding will collaborate with the Platform to facilitate its integration with BrickFunding’s API for the provision of the services offered and contracted.
BrickFunding will take due care in safeguarding the documents and information received from the Platform and only publish the relevant parts on the Website, in accordance with the service provision and contracted Plans.
The Platform will safeguard and keep the passwords required to access BrickFunding Platform Manager confidential and will establish security procedures to reasonably guarantee their secrecy and sole use by authorised staff of the Platform.
The Platform will change the password or notify BrickFunding of the loss or theft of its credentials as soon as it becomes aware of it.
The Platform shall be responsible for all operations carried out with its credentials when any of the above obligations are breached through wilful intent or negligence.
As BrickFunding’s services evolve, it may be necessary to amend the General Conditions. As this is a predefined service, BrickFunding must ensure that the Platforms operate at all times in accordance with the same General Conditions.
Therefore, BrickFunding shall give registered Platforms reasonable notice, by email, of the new General Conditions of Contract before they come into effect.
If the Platform expressly refuses to accept the new General Conditions, the Agreement shall end as soon as the new General Conditions come into force. To the contrary, it will be deemed that the proposed amendment has been tacitly accepted.
All intellectual and/or industrial property rights to BrickFunding Platform Manager are the exclusive property of BrickFunding. Intellectual property rights to the BrickFunding Platform Manager design, code, database and sui generis right are the exclusive property of BrickFunding, and it shall not be inferred from anything herein that the Platform has any rights whatsoever to the aforementioned items.
All trademarks, names, domain names, anagrams and the graphics identifying BrickFunding’s products and services are the exclusive property of BrickFunding. Nevertheless, while the Agreement between BrickFunding and the Platform is in force, the latter may feature BrickFunding’s logo, trademark, domain name, anagrams and identifying graphics on its website in the understanding that the latter is a partner, and a link to BrickFunding will be inserted.
The trademarks, logos, trade name and other distinctive signs used to identify the Platforms and Projects published and viewed via BrickFunding Platform Manager shall remain the property of their respective owners. Nevertheless, the Platform authorises BrickFunding to use, free of charge and for the term of the Agreement, its trademark, logo, trade name and other distinctive signs for the Users’ reference, their publication on the Website and the provision of the Platform Service. The Platform warrants that it is entitled to assign the trademarks, logos, trade name and other distinctive signs of the Projects to BrickFunding for the purposes and for the periods set out in the Plan contracted under the Special Conditions.
The Platform authorises BrickFunding to use the photographs uploaded to BrickFunding Platform Manager by the Platform, taken by BrickFunding from the Platform and Projects and articles published on the Platform for promotional purposes and for publication on BrickFunding’s social media profiles (Facebook, Twitter, Instagram, etc.). Consequently, the Platform authorises BrickFunding to reproduce, use and publicly disclose the photographs in question for the purposes described, and shall ensure that the intellectual property rights thereto are managed appropriately. Moreover, it will hold BrickFunding harmless from and against any incident that may arise out of the intellectual property rights to the photographs.
Similarly, the Platform authorises BrickFunding to use the information, articles and newsletters uploaded to BrickFunding Platform Manager by the Platform and Projects and articles published on the Platform for promotional purposes and for publication on BrickFunding’s social media profiles (Facebook, Twitter, Instagram, etc.). Consequently, the Platform authorises BrickFunding to reproduce, use and publicly disclose the information, articles and newsletters for the aforementioned purposes, and shall ensure that the intellectual property rights thereto are managed appropriately. Moreover, it will hold BrickFunding harmless from and against any incident that may arise out of the intellectual property rights to the information, articles or newsletters.
Personal data on the User, as a natural person, that is collected by BrickFunding and which is strictly necessary for the performance of BrickFunding’s obligations will be disclosed to the Platform, which undertakes to enter the data on its respective web pages in accordance with the relevant regulations.
The Platform shall not use the personal data on Users provided by BrickFunding for any purpose other than the promotion of its services, except in cases where it is specifically authorised by the User to use so for other purposes.
The Platform will hold BrickFunding harmless from any liability that may result from the non-performance or defective performance of its data protection obligations.
The Platform shall not assign the Agreement, in whole or in part, to third parties without BrickFunding’s prior consent. BrickFunding may assign the Agreement, in whole or in part, to third parties and subcontract some of the services provided hereunder without the Platform’s prior consent.
BrickFunding shall not be liable for a total breach, defective performance or delays in the performance of its obligations or the malfunction of the Platform Service when this is due to force majeure events or acts of God. In such cases, any deadline obligations will be suspended for the duration of the force majeure event or act of God and calculation of the deadline will be resumed when the force majeure event or act of God has disappeared.
BrickFunding makes no warranties or representations other than those required of it by law. In particular, BrickFunding cannot guarantee the Platform that BrickFunding Platform Manager will not suffer outages or disruptions that would affect the normal operation of the service.
BrickFunding accepts responsibility for damage caused to the Platform when this is due to a wilful breach of BrickFunding’s obligations. In the event of a breach of any of BrickFunding’s obligations due to wilful misconduct or negligence, compensation for losses and damages will be strictly limited to an amount equivalent to 10% of the Platform’s E.B.I.T. in the month prior to the breach, according to the Platform’s Profit & Loss Account and other financial and accounting statements.
Without prejudice to the foregoing, under no circumstances will BrickFunding be liable for any of the following circumstances, even if they arise out of or in connection with the Platform Service or the Platform, in contract, tort or negligence (including the use, inability to use or consequences of using the Platform):
Loss of earnings, sales, business or income
Loss or corruption of data, information or software
Loss of business opportunities
Loss of goodwill
These General Conditions and all documents expressly referred to herein constitute the entire Agreement between the Parties on this subject and supersede and render null and void all prior written or oral agreements and contracts by and between the Parties.
It will be deemed that any notices BrickFunding needs to send to the Platform during the course, maintenance and performance of the Agreement have been duly served when sent to the email address provided by the Platform during or following registration. The time of receipt of the notice will be the moment it is assumed the Platform becomes aware of it because it was received by the Platform’s mail server.
In compliance with the provisions of Article 22 of Law 34/2002, of 11 July, on the Information Society and Electronic Commerce (“LSSI”), BrickFunding hereby informs the Platform of its intention to send it commercial communications by email or by equivalent electronic means of communication. Furthermore, the Platform warrants that it is aware of this intention and expressly consents to the receipt of such communications.
The Platform is hereby informed of its right to revoke this consent by sending a written notice to “BRICK AND MORTAR DIGITAL BUSINESS, S.L.”, calle Artistas, no. 46, P.C. 28020, Madrid, Spain.
The Agreement will be governed by the laws of Spain, without prejudice to cases where the laws of other countries may mandatorily apply.
In the event of a dispute, the Parties shall voluntarily submit to the jurisdiction of the Courts of Madrid City, expressly waiving their own jurisdiction.