MOOVNA — Terms and Conditions

1. Definitions and Interpretation

1.1 In these Terms, capitalised terms have the meanings set out below:

“Business User” means any person acting in a commercial, business, craft or professional capacity, including real estate agencies, brokers, banks, financial institutions, property developers, construction companies, fund managers, asset managers and similar entities.

“Consumer User” means any natural person acting outside their trade, business, craft or profession when using the Platform.

“Content” means any data, information, text, images, photographs, videos, virtual tours, floor plans, audio, drawings, descriptions, prices, terms and any other materials uploaded, published, transmitted or otherwise made available on or through the Platform.

“Listing” means any advertisement, offer, listing entry or property record published on the Platform offering real estate for sale, lease, rent, exchange or other transaction.

“Listing Agreement” means the supplementary agreement between Moovna and a Business User or Consumer User governing the publication of Listings, available at moovna.com and incorporated into these Terms by reference.

“Property” means any immovable property, real estate asset or related right that is the subject of a Listing.

“Services” means the services made available by Moovna through the Platform, including search, browsing, Listing publication, communication, profile creation, analytics, market intelligence and any premium or paid features.

“Third-Party Services” means any services, websites, applications, plug-ins, payment processors, mapping services, identity-verification services or other functionality provided by parties other than Moovna and made accessible through the Platform.

1.2 Headings are for convenience only and do not affect interpretation. References to legislation include subordinate legislation and any successor provisions. The singular includes the plural and vice versa. “Including” and “in particular” are without limitation.

2. Nature of Moovna — Intermediary and Hosting Role

2.1 Moovna operates the Platform as an online intermediary information-society service that enables Users to publish, search, view and respond to Listings. Moovna is a hosting provider in the sense of Article 6 of Regulation (EU) 2022/2065 (Digital Services Act) and Article 14 of Directive 2000/31/EC (e-Commerce Directive), and analogous provisions of applicable national laws of each jurisdiction in which the Platform operates.

2.2 Moovna is not a party to any transaction, contract, negotiation or relationship between Users. Moovna does not own, sell, lease, rent, manage, broker, value, finance, inspect, certify or otherwise transact in any Property listed on the Platform. Moovna is not a real estate agent, broker, intermediary in real estate transactions, financial adviser, valuer, appraiser, lawyer or tax adviser, and provides no such services.

2.3 Moovna does not verify, endorse, guarantee, warrant or assume responsibility for: (a) the existence, legal status, ownership, condition, title, encumbrances, zoning or permitted use of any Property; (b) the accuracy, completeness, lawfulness or currency of any Listing or Content; (c) the identity, capacity, solvency, professional qualifications, licences or good faith of any User; (d) any price, offer, quote, valuation or representation made by any User; or (e) the conclusion, performance, breach or outcome of any transaction or contract that arises out of or in connection with the use of the Platform.

2.4 Any reference on the Platform to “verified”, “trusted”, “authenticated” or similar terminology refers solely to internal profile-validation checks Moovna may perform on User accounts (for example identity-document review or licensing-record cross-checks where available) and does not constitute a representation or warranty as to any Listing, Property, transaction or User conduct. Such validation is conducted on a best-efforts, non-exhaustive basis and may be discontinued, modified or supplemented at any time.

2.5 Users acknowledge and agree that any contract for the sale, lease, rent, exchange or other transfer of a Property is concluded directly and exclusively between the Users concerned, and Moovna is not a party to such contract, has no liability under it, and does not act as agent, intermediary, trustee, escrow agent or representative of any User.

3. Eligibility, Registration and Account Security

3.1 To use the Platform, you must be at least eighteen (18) years old (or the age of legal majority in your jurisdiction, whichever is higher), have legal capacity to enter into binding contracts, and not be prohibited from receiving services under any applicable law, including sanctions, anti-money-laundering or counter-terrorism-financing rules.

3.2 Certain functions require registration of an account. You must provide accurate, current and complete information during registration and keep it updated at all times. Business Users must additionally provide such verification information as Moovna may reasonably request, including but not limited to company-registration documents, professional licences, beneficial-ownership information and tax identification numbers.

3.3 You are solely responsible for safeguarding your account credentials and for all activity carried out under your account. You must notify Moovna immediately of any unauthorised access or suspected security breach. Moovna is not liable for any loss arising from your failure to maintain the confidentiality of your credentials.

3.4 Moovna may, at its discretion and in accordance with applicable law, refuse registration, suspend or terminate any account, with or without notice, where (a) verification fails, (b) information is false, misleading or incomplete, (c) these Terms or applicable law are breached, or (d) Moovna has reasonable grounds to suspect fraud, abuse, sanctions exposure or other risks.

4. Listings — Rules and User Content

4.1 Users who publish Listings are solely and exclusively responsible for the Content of their Listings, including its accuracy, completeness, legality, ownership, intellectual-property compliance and absence of misleading statements. By submitting a Listing, you represent and warrant that:

• you have full legal right, title, authority and capacity to list the Property, including any required mandate from owners, co-owners, lenders, lessors, courts or insolvency officers;
• all factual information about the Property is accurate, current, complete and not misleading, including price, surface area, location, legal status, encumbrances, permitted use and energy performance;
• the Listing complies with all applicable laws, including consumer-protection, real-estate, advertising, tax, anti-money-laundering, data-protection, and energy-efficiency disclosure requirements;
• you own or have all necessary rights to use the Content (including photographs, videos, floor plans and descriptions) and to grant the licence in clause 6.2 below;
• the Listing does not infringe the rights of any third party, including intellectual-property, privacy, publicity or contractual rights; and
• you have all necessary consents from individuals whose personal data appears in the Listing, including persons depicted in photographs.

4.2 You must not publish a Listing that is duplicative, expired, off-market, fraudulent, manipulative, or that contains misleading pricing (including artificially low headline prices or undisclosed fees).

5. Prohibited Content and Conduct

5.1 You must not use the Platform to:

• publish or transmit any Content that is unlawful, fraudulent, deceptive, defamatory, obscene, discriminatory, threatening, harassing or that infringes any third-party right;
• engage in any form of price manipulation, market abuse, collusion, scraping, mass-extraction, data-mining or competitive intelligence gathering against the Platform or its Users;
• use bots, scripts, scrapers, automated tools or unauthorised application programming interfaces;
• circumvent or attempt to circumvent any technical, security, access-control or rate-limiting measure;
• use the Platform in connection with money laundering, terrorism financing, sanctions evasion, tax fraud, bribery or any criminal activity;
• facilitate, encourage or carry out off-platform circumvention of Moovna fees or use the Platform to direct Users to competing platforms;
• impersonate any person or entity, misrepresent affiliation, or list a Property on behalf of an owner without a clearly documented mandate;
• upload viruses, malware, worms, trojans or any malicious code;
• infringe applicable competition law, including by exchanging commercially sensitive information through the Platform;
• engage in discrimination prohibited by applicable law in the offering, negotiation or conclusion of real-estate transactions.

6. Intellectual Property

6.1 The Platform, including its software, design, layout, source code, databases, trademarks, logos, graphics and any Content owned by Moovna or its licensors, is protected by intellectual-property and database rights. Except for the limited licence to access and use the Platform in accordance with these Terms, no rights are granted to you.

6.2 By submitting Content to the Platform, you grant Moovna a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt, translate, modify, publish, publicly display, distribute and otherwise use the Content for the purpose of operating, providing, promoting and developing the Services. This licence survives termination of your account in respect of cached, archived, anonymised or aggregated data, and to the extent necessary to comply with legal obligations or to defend legal claims.

6.3 If you believe that Content on the Platform infringes your intellectual-property rights, you may submit a notice in accordance with the notice-and-action procedure described in clause 8.

7. Fees, Payment and Taxes

7.1 Basic access to the Platform is provided free of charge, subject to these Terms. Premium features, promoted Listings, advertising services and subscriptions are subject to the fees set out on the Platform or in a separate written agreement. All fees are exclusive of applicable taxes (including VAT) unless stated otherwise, and you are responsible for any taxes payable on your transactions.

7.2 Where Moovna acts as a payment-collecting intermediary, separate payment terms apply and may involve third-party payment-service providers subject to their own terms. Moovna does not hold client funds and does not provide payment services within the meaning of Directive (EU) 2015/2366.

7.3 You authorise Moovna and its payment processors to charge any payment method on file for fees due. Refunds, where applicable, are governed by the specific feature terms or by mandatory consumer-protection law in respect of Consumer Users.

8. Notice-and-Action, Complaints and Transparency

8.1 In accordance with Articles 16, 17 and 20 of the Digital Services Act and analogous national rules, any person may submit a notice to Moovna concerning Content believed to be illegal, by sending an electronic notice to legal@moovna.com containing: (a) a sufficiently substantiated explanation of why the Content is illegal; (b) the precise electronic location (URL) of the Content; (c) the name and contact details of the notifier (unless the notice concerns offences under Articles 3–7 of Directive 2011/93/EU, in which case anonymous notices are accepted); and (d) a statement confirming the good-faith belief of the notifier.

8.2 Moovna will acknowledge receipt, assess the notice without undue delay, and take such action as it considers appropriate, including removal, disabling access, suspending the relevant account, or refusing the notice. Moovna will provide the notifier and, where applicable, the affected User with a statement of reasons in accordance with Article 17 DSA.

8.3 Affected Users may submit a complaint against any action taken by Moovna within six (6) months through the internal complaint-handling system accessible at support@moovna.com. Complaints will be handled diligently, in a non-discriminatory and non-arbitrary manner, and a reasoned decision will be communicated without undue delay.

8.4 Users have the right to refer disputes concerning the moderation decisions of Moovna to certified out-of-court dispute-settlement bodies in accordance with Article 21 DSA. The decisions of such bodies are not binding on the parties.

9. Suspension and Termination

9.1 Moovna may suspend or terminate access to the Platform, remove Content, or terminate an account, in whole or in part, where (a) you breach these Terms or any Listing Agreement; (b) Content is illegal, harmful or otherwise in breach of clauses 4 or 5; (c) suspension or termination is required by law, court order or regulatory authority; or (d) Moovna has reasonable grounds to suspect fraud, abuse or risk to other Users or to Moovna.

9.2 Where required by Regulation (EU) 2019/1150 (Platform-to-Business Regulation), Moovna will give Business Users a statement of reasons and, where applicable, at least thirty (30) days’ prior notice of termination of the provision of the Services, except where: (a) Moovna is subject to a legal or regulatory obligation requiring shorter notice; (b) Moovna invokes a right of termination for compelling reasons under national law; or (c) Moovna can demonstrate repeated infringement of these Terms by the Business User.

9.3 You may close your account at any time through the account settings. Termination does not affect rights, obligations or liabilities accrued before the effective date of termination, nor any provision of these Terms that by its nature should survive termination.

10. Disclaimers

10.1 The Platform and Services are provided “as is” and “as available”. To the maximum extent permitted by applicable law, Moovna expressly disclaims all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, non-infringement and uninterrupted or error-free operation.

10.2 Moovna does not warrant that any Property is available, accurately described, lawfully offered, or that any transaction will be successfully concluded. Decisions to view, inspect, negotiate, finance, purchase, lease, rent or otherwise transact in respect of any Property are taken at the User’s sole risk and on the basis of the User’s own independent verification, legal advice, technical inspection, valuation and due diligence.

10.3 Nothing in this clause limits or excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.

11. Limitation of Liability

11.1 To the maximum extent permitted by applicable law, Moovna’s aggregate liability arising out of or in connection with these Terms or the use of the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited, for each twelve-month period preceding the event giving rise to the claim, to the greater of (a) the total fees paid by you to Moovna in that period or (b) one hundred euros (€100).

11.2 Moovna shall not be liable for any indirect, consequential, special, incidental, exemplary or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss of opportunity, or loss or corruption of data, even if Moovna has been advised of the possibility of such damages.

11.3 Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under applicable mandatory law, including the statutory rights of Consumer Users.

12. Indemnity

12.1 Business Users shall indemnify, defend and hold harmless Moovna, its affiliates, directors, officers, employees and agents from and against any and all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) any breach by the Business User of these Terms or any Listing Agreement; (b) any Content uploaded by the Business User; (c) any transaction or negotiation between the Business User and any other party that relates to a Listing; or (d) any breach by the Business User of applicable law, including data-protection, consumer-protection, anti-money-laundering and real-estate licensing rules.

12.2 Consumer Users shall reimburse Moovna for any losses, damages and reasonable costs directly caused by intentional wrongdoing or gross negligence in their use of the Platform, to the extent permitted by applicable consumer-protection law.

13. Third-Party Services and Links

13.1 The Platform may integrate or link to Third-Party Services. Moovna does not control such Third-Party Services and is not responsible for their content, availability, accuracy, security or terms. Your use of any Third-Party Service is governed by the terms of the relevant third party, and you should review those terms before use.

14. Consumer Users — Statutory Rights and Right of Withdrawal

14.1 Where a Consumer User purchases paid digital services from Moovna at a distance, the Consumer User has the right, within fourteen (14) days from the conclusion of the contract, to withdraw without giving any reason, in accordance with Directive 2011/83/EU on consumer rights and applicable national implementing law.

14.2 By expressly requesting the provision of the digital service before the end of the withdrawal period and acknowledging loss of the right of withdrawal once the service has been fully performed, the Consumer User waives the right of withdrawal in respect of that service to the extent permitted by law.

14.3 To exercise the right of withdrawal, the Consumer User must inform Moovna by an unequivocal statement sent to support@moovna.com. Reimbursement, where due, will be made using the same means of payment used by the Consumer User, without undue delay and no later than fourteen (14) days from the date Moovna is informed of the decision to withdraw.

14.4 Nothing in these Terms affects mandatory consumer-protection rights granted by the law of the country of the Consumer User’s habitual residence.

15. Governing Law and Dispute Resolution

15.1 These Terms are governed by the laws of Luxembourg, excluding its conflict-of-law rules. For Consumer Users habitually resident in the European Economic Area or in a country whose mandatory consumer-protection law would otherwise apply, the choice of law shall not deprive the Consumer User of the protection of mandatory rules of the law of their country of habitual residence.

15.2 Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Luxembourg, without prejudice to: (a) the right of Consumer Users to bring proceedings in the courts of their country of habitual residence under applicable consumer-protection law; and (b) Moovna’s right to seek injunctive or equitable relief in any competent court.

15.3 Consumer Users may access the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr for the out-of-court resolution of disputes.

16. Changes to the Terms

16.1 Moovna may amend these Terms at any time. Material changes will be notified to registered Users by email and/or in-Platform notice at least fifteen (15) days before they take effect (or thirty (30) days where required under Regulation (EU) 2019/1150 in respect of Business Users), except where shorter notice is required by law.

16.2 Continued use of the Platform after the effective date of changes constitutes acceptance of the amended Terms. If you do not accept the amended Terms, you must stop using the Platform and may close your account.

17. Force Majeure

17.1 Moovna is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, civil unrest, terrorism, governmental action, failures of internet, telecommunications, hosting, energy or other utility providers, or cyber-attacks not attributable to Moovna’s negligence.

18. General Provisions

18.1 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original economic and legal intent.

18.2 Assignment. You may not assign or transfer any rights or obligations under these Terms without Moovna’s prior written consent. Moovna may freely assign or transfer its rights and obligations to any affiliate, successor in interest or acquirer of the Platform.

18.3 No waiver. A failure or delay by Moovna in exercising any right is not a waiver of that right.

18.4 Entire agreement. These Terms, together with the Privacy Policy, Cookies Policy, applicable Listing Agreement and any other documents expressly incorporated by reference, constitute the entire agreement between the parties in respect of their subject matter and supersede any prior agreement, understanding or representation.

18.5 Language. These Terms are made available in English and may be translated into other languages. In the event of any discrepancy between the English version and a translation, the English version shall prevail, except where mandatory law of the User’s country of habitual residence provides otherwise.

18.6 Notices. Notices to Moovna shall be sent to legal@moovna.com. Notices to you will be sent to the email address registered with your account.

18.7 Trader information. Pursuant to applicable e-commerce law, the trader identification details required to be provided are set out at the beginning of these Terms and on the “Contact” page of the Platform.