Terms of Service

1. Acceptance of Terms and Definitions

1.1. Definitions

• Platform: The RealViator website, software, and services, including the Sparkle AI Matchmaking Engine and the Secure Reservation Engine.
• User: Any individual or entity accessing the Platform (includes both Investors and Developers).
• Developer: A registered entity listing off-plan real estate projects for sale directly on the Platform.
• Investor: A User seeking to view, qualify for, and purchase off-plan real estate listed by Developers.
• Sparkle AI: The proprietary AI system used for lead qualification, property matching, and data analytics.
• D2C Transaction: The direct sale of property from a Developer to an Investor, facilitated by the Platform, bypassing traditional real estate agents.

1.2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Platform. By using the Platform, you represent and warrant that you meet this requirement.

2. Platform Role and Limitation of Liability

2.1. Platform Role

RealViator acts solely as a technology platform and a facilitator for D2C Transactions. We provide the tools for visualization, lead qualification (via Sparkle AI), and contract execution (via the Reservation Engine).

2.2. NO AGENCY OR ADVISORY ROLE

REALVIATOR IS NOT A REAL ESTATE AGENT, BROKER, LAW FIRM, FINANCIAL ADVISOR, OR MORTGAGE LENDER.

• We do not represent the Developer or the Investor in any transaction.
• We do not guarantee the accuracy of any property description provided by the Developer.
• Sparkle AI provides data-driven matching and qualification; it does not provide legal, financial, or investment advice. Users must seek independent professional advice before making any purchase.

2.3. Developer and Investor Responsibility

• Developer Responsibility: Developers are solely responsible for the accuracy of listing content, property quality, legal compliance, and execution of the final purchase agreement.
• Investor Responsibility: Investors are solely responsible for conducting all necessary due diligence (legal, financial, physical inspection) on any property they reserve or purchase.

3. Use of Sparkle AI and Data

3.1. Sparkle AI Function

The Sparkle AI Matchmaking Engine is provided purely as a lead generation and initial qualification tool. By submitting your financial intent data (Budget, Timeline, etc.) as an Investor, you agree that:

• This data is processed by the AI to score your compatibility with listed projects.
• This data is shared directly with the relevant Developer when you become an SQL (Sales Qualified Lead) to enable a direct sales conversation.

3.2. Data Ownership and License

• User Data: You retain ownership of all data you upload or submit to the Platform.
• Platform Data: RealViator retains ownership of the Sparkle AI algorithms, the resulting lead scores, aggregated and anonymized market data, and all operational data generated by the Platform. You grant RealViator a perpetual, irrevocable, worldwide license to use, modify, and analyze anonymized User data for the purpose of improving the Platform and generating market insights.

4. Developer Obligations (SaaS Model)

4.1. Subscription and Fees

Developers agree to pay the Annual Contract Value (ACV), setup fees, and any agreed-upon transaction fees (if applicable) associated with their chosen package (Fast Starter, Engagement Booster, Double Effect). Failure to pay these fees will result in the suspension or termination of access.

4.2. Listing Accuracy

Developers warrant that all information, including 3D visualizations, floor plans, pricing, and especially the Real-Time Unit Availability status displayed on the Platform, is accurate and legally permissible for sale.

5. Investor Obligations and the Secure Reservation Engine

5.1. Reservation Process

By initiating a reservation via the Secure Reservation Engine, the Investor agrees to:

• Provide accurate KYC/AML documentation upon request.
• Pay the non-refundable Reservation Fee, which is held in escrow by a third-party payment processor/trust account until the contract is signed or the cooling-off period expires.
• Understand that the reservation only secures the unit for a limited period and does not constitute a final Purchase Agreement.

5.2. Independent Advice

Investors acknowledge that they must seek independent legal counsel to review the Purchase Agreement and financial advice regarding their ability to complete the transaction.

6. Termination and Suspension

RealViator may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

7. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts located in Zurich, Switzerland.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice before any new terms take effect.