Acceptable Use Policy
Version 1.0 · Last updated
English translation for convenience — the Spanish version is the governing text.
TITLE I. GENERAL PROVISIONS
Chapter 1. Purpose and Relationship to Other Documents
1.1 Purpose
This Acceptable Use Policy (hereinafter, the "Policy") is intended to specifically define the prohibited conduct and uses within the Ancuria™ Inteligencia Inmobiliaria platform (hereinafter, "Ancuria", the "Platform" or the "Data Controller"), supplementing the general conduct obligations already established in the Terms and Conditions of Service.
1.2 Relationship to other documents
This Policy specifically develops and details the provisions of Chapter 30 (Conduct between Users) of Title VII, and Chapter 18 (Restrictions and Prohibitions regarding Intellectual Property) of Title V, of the Terms and Conditions of Service, with which it must be interpreted jointly. Regarding the misuse of Artificial Intelligence components, this Policy is interpreted jointly with, and subordinate to, the Responsible Artificial Intelligence Policy, which prevails on that specific subject matter pursuant to its own Chapter 17.
1.3 Binding nature
Acceptance of the Terms and Conditions of Service implies acceptance of this Policy, both documents forming an inseparable contractual unit for purposes of determining the conduct that constitutes material breach subject to suspension or termination of the Account.
1.4 Consequences of non-compliance
Non-compliance with any provision of this Policy shall be governed by the regime of graduated consequences established in Title III, and by the termination provisions of Title X of the Terms and Conditions of Service.
Chapter 2. Scope of Application
2.1 Material scope
This Policy applies to all use of the Platform, including, without limitation: interaction with the Artificial Intelligence Agents; publication of User Content; use of the Marketplace; interaction with other Users; use of the CRM, document management and automation features; and any other present or future functionality of the Platform.
2.2 Bound parties
This Policy is binding on every User of the Platform, as well as on any third party who, without being a registered User, interacts with public components of the Platform, such as the website or the Artificial Intelligence Agents exposed to end clients.
2.3 Liability for Collaborators
When a Company Account manages Collaborator sub-accounts pursuant to Chapter 10 of the Terms and Conditions of Service, the holder of the main Account shall be responsible for ensuring that such Collaborators observe this Policy.
TITLE II. PROHIBITED CONDUCT
Chapter 3. Prohibited Content
3.1 Legal objective
To enumerate, with the specificity that reasonably allows anticipating the case law of a real-estate platform, the categories of content whose publication or transmission through the Platform is prohibited.
3.2 Unlawful content
The publication or transmission of content violating any applicable legal provision is prohibited, including, by way of illustration: the promotion of properties with an irregular legal status while aware of such irregularity; misleading advertising under consumer protection legislation; and any content that facilitates money laundering or the financing of unlawful activities.
3.3 Discriminatory content
The publication of content that excludes, limits or conditions the promotion, sale or lease of a property based on categories protected by applicable legislation, such as ethnic or national origin, gender, age, disability, social status, religion, or sexual preference, is prohibited, consistent with the provisions of Chapter 8 of the Responsible Artificial Intelligence Policy.
3.4 Defamatory content or content infringing third-party rights
The publication of defamatory content, content that violates the right to honor, image or privacy of third parties, or content that infringes third-party intellectual property rights, is prohibited, pursuant to the provisions of Chapter 16 of the Terms and Conditions of Service.
3.5 Sexual, violent or inappropriate content
The publication of sexually explicit material, graphic violence, or any other content manifestly foreign to and inappropriate for a professional real-estate brokerage platform is prohibited.
3.6 False or misleading content about properties
The publication of photographs, descriptions, floor plans or any material that represents the characteristics, surface area, location, or physical or legal condition of a property in a substantially false or misleading manner is prohibited, consistent with the provisions of Chapter 27 of the Terms and Conditions of Service.
3.7 Consequences of non-compliance
The publication of content prohibited under this Chapter shall entitle the Data Controller to remove such content immediately pursuant to section 27.5 of the Terms and Conditions of Service, without prejudice to the graduated consequences provided in Title III of this Policy.
Chapter 4. Account Misuse and Platform Security
4.1 Prohibitions regarding the Account
The following are prohibited: (i) sharing access credentials with unauthorized third parties pursuant to Chapter 10 of the Terms and Conditions of Service; (ii) creating multiple Accounts to circumvent restrictions, Plan limits, or previously imposed sanctions; (iii) impersonating another individual or legal entity at registration; and (iv) using another User's Account without authorization.
4.2 Prohibitions regarding technical security
The following are prohibited: (i) attempting to gain unauthorized access to the Platform's systems, servers or databases; (ii) introducing viruses, malware, or any malicious code into the Platform; (iii) carrying out denial-of-service attacks or any action aimed at disrupting the Platform's availability; and (iv) circumventing or attempting to circumvent the security measures, authentication or technical limits implemented by the Data Controller.
4.3 Prohibition of reverse engineering and mass data extraction
Reverse engineering of any component of the Platform is prohibited, as is the automated mass extraction of data, listings or Market Indicators ("scraping") without the express authorization of the Data Controller, pursuant to Chapter 18 of the Terms and Conditions of Service.
4.4 Consequences of non-compliance
The conduct described in this Chapter constitutes material breach, entitling the Data Controller to the immediate suspension or termination of the Account involved pursuant to section 44.4 of the Terms and Conditions of Service, without prejudice to any applicable legal actions, including criminal actions.
Chapter 5. Misuse of the Marketplace and of Collaboration between Agents
5.1 Prohibitions regarding listings
Without prejudice to the provisions of Chapter 27 of the Terms and Conditions of Service, the following are prohibited: (i) publishing inventory without a current authorization to sell or lease; (ii) duplicating listings of the same property without a collaboration agreement with the originally publishing Agent; and (iii) keeping listings of properties already sold, rented or withdrawn for the purpose of deceptively capturing prospects.
5.2 Prohibitions regarding collaboration between Agents
Using the Marketplace to: (i) directly contact another Real-Estate Agent's end client for the purpose of displacing that Agent from the transaction, outside of a current collaboration agreement; (ii) obtaining contact information of third-party prospects through deceptive practices; and (iii) systematically and repeatedly breaching co-brokerage agreements formalized with other Agents, when such breach is reported and substantiated pursuant to Chapter 30 of the Terms and Conditions of Service, is prohibited.
5.3 Consequences of non-compliance
The conduct described in this Chapter may result in suspension of the infringing User's access to the Marketplace module, independently of the continuation of their access to the other modules of the Platform, pursuant to section 26.5 of the Terms and Conditions of Service, without prejudice to total termination of the Account in cases of recidivism.
Chapter 6. Misuse of the Artificial Intelligence Agents
6.1 Reference to the Responsible Artificial Intelligence Policy
The substantive regime for the responsible use of the Platform's Artificial Intelligence components is developed in the Responsible Artificial Intelligence Policy, particularly in its Chapter 9 (Security, Robustness and Prevention of Misuse), which prevails on that subject matter pursuant to section 1.2 of this Policy.
6.2 Supplementary enumeration of prohibited conduct
Without prejudice to the foregoing, and for operational clarity purposes, the following are expressly prohibited: (i) attempting to manipulate an Artificial Intelligence Agent, through prompt-engineering techniques or other analogous means, to generate content prohibited under Chapter 3; (ii) using an Artificial Intelligence Agent to generate mass unsolicited communications (spam) toward third parties; (iii) attempting to extract system prompts, architectures or confidential information of the Platform through interaction with an Artificial Intelligence Agent; and (iv) using responses generated by an Artificial Intelligence Agent while passing them off as the User's direct personal advice without the professional contextualization required by section 13.2 of the Responsible Artificial Intelligence Policy.
6.3 Consequences of non-compliance
The conduct described in this Chapter shall be governed by the consequences provided in section 9.7 of the Responsible Artificial Intelligence Policy and in Title III of this Policy.
Chapter 7. Fraudulent Activities, Spam and Unfair Competition
7.1 Prohibition of fraudulent activities
Using the Platform for real-estate fraud schemes is prohibited, including sham transactions, requesting advances or deposits without a genuine intention to complete a transaction, or any other form of property-related deception against other Users or end clients.
7.2 Prohibition of unsolicited communications
Using contact information obtained through the Platform (including prospects, other Agents, or end clients) to send mass unsolicited communications outside the context of the professional relationship that motivated the exchange of such information is prohibited.
7.3 Prohibition of unfair competition
Using the Platform for acts of unfair competition against other Users or the Data Controller itself is prohibited, including the systematic denigration of other Real-Estate Agents, the appropriation of a competitor's visual or commercial identity, or the use of the Platform to directly promote a product or service competing with Ancuria pursuant to section 13.2 of the Terms and Conditions of Service.
7.4 Consequences of non-compliance
The conduct described in this Chapter constitutes material breach, entitling the Data Controller to immediately terminate the responsible User's Account, without prejudice to any applicable civil and criminal actions.
TITLE III. ENFORCEMENT AND CONSEQUENCES
Chapter 8. Reporting Mechanism
8.1 Reporting channel
Any User may report a suspected violation of this Policy via email to legal@ancuria.com, or through the reporting mechanism enabled within the Platform's own interface, consistent with the mechanism provided in section 30.2 of the Terms and Conditions of Service.
8.2 Content of the report
The report should include, to the extent possible, identification of the Account or listing involved, a description of the reported conduct, and any available evidence supporting the report.
8.3 Reporter confidentiality
The Data Controller will endeavor to keep confidential the identity of the User who submits a good-faith report, to the extent such confidentiality is compatible with the due investigation process described in Chapter 9.
8.4 Prohibition of retaliation
It is prohibited for a User to retaliate against another User for having submitted, in good faith, a report under this Chapter.
Chapter 9. Investigative Powers
9.1 Authority to investigate
The Data Controller may investigate any report received, as well as any reasonable indication of non-compliance with this Policy that it identifies through its own monitoring means, without such investigation constituting a general and prior surveillance obligation over all content published on the Platform.
9.2 Request for information from the User under investigation
In the course of an investigation, the Data Controller may request from the User involved the information or documentation reasonably substantiating compliance with this Policy, and an unjustified refusal to provide such information shall not be interpreted in favor of the User under investigation.
9.3 Interim measures during the investigation
When the apparent nature or severity of an alleged infringement so warrants, the Data Controller may provisionally suspend the investigated User's access to certain modules or to the entire Platform while the corresponding investigation concludes, pursuant to section 44.1 of the Terms and Conditions of Service.
9.4 Consequences of non-compliance
The conclusion of an investigation confirming an infringement of this Policy shall give rise to the graduated consequences provided in Chapter 10.
Chapter 10. Graduated Consequences
10.1 Principle of proportionality
The Data Controller will apply the consequences deriving from non-compliance with this Policy proportionally to the severity, repetition, and impact of the conduct at issue, without prejudice to the immediate-termination authority provided for conduct expressly qualified as material throughout this document.
10.2 Scale of consequences
In accordance with that principle of proportionality, the Data Controller may apply, by way of illustration and not necessarily sequentially: (i) a warning or request for correction; (ii) removal of the infringing content; (iii) temporary suspension of access to a specific module (such as the Marketplace or the Artificial Intelligence Agents); (iv) temporary suspension of the Account in its entirety; and (v) definitive termination of the Account, pursuant to Title X of the Terms and Conditions of Service.
10.3 Recidivism
Recidivism in previously warned-upon conduct shall be considered an aggravating factor for purposes of determining the applicable consequence, and may directly result in suspension or termination of the Account, even where the individual conduct would not have warranted such a consequence on a first breach.
10.4 Right to be heard
Except in cases of immediate termination without prior notice pursuant to section 44.4 of the Terms and Conditions of Service, the Data Controller will endeavor to give the investigated User the opportunity to state whatever is in their best interest before applying a definitive consequence.
10.5 Consequences of non-compliance
The provisions of this Chapter describe the Data Controller's framework for applying consequences, without limiting the provisional suspension or immediate termination powers expressly provided in the Terms and Conditions of Service for the most serious conduct.
TITLE IV. FINAL PROVISIONS
Chapter 11. Validity, Modifications and Final Provisions
11.1 Entry into force
This Policy shall enter into force on the date stated on the cover page of this document.
11.2 Modifications
The Data Controller may modify this Policy at any time, particularly to incorporate new categories of prohibited conduct arising from the evolution of the Platform or from newly identified forms of misuse, notifying such modifications pursuant to the mechanism provided in Chapter 4 of the Terms and Conditions of Service.
11.3 Illustrative, non-limitative character
The categories of prohibited conduct described in Title II are illustrative and not limitative; the Data Controller may qualify as an infringement of this Policy any other conduct that, by its nature, is substantially analogous to that described herein or contrary to its spirit and purpose.
11.4 Severability
Should any provision of this Policy be declared null, illegal or unenforceable by a competent authority, such declaration shall not affect the validity and enforceability of the remaining provisions.
11.5 Governing language
In the event of translation into another language, the Spanish (Mexico) version shall prevail for interpretation purposes in case of discrepancy.