Terms of Service

Terms of using our Services

Welcome to OptimaSys Group Spain where we builds & delivers technologies and services that enable businesses to commercialize and manage real estate properties and transactions, people to connect with each other, build communities and grow businesses. These Terms govern your use of Optima-CRM and the other products, features, apps, services, technologies and software that we offer (Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by OptimaSys Group Spain S.L. 

We charge you to use Optima-CRM or the other products and services covered by these Terms, except for trial use also known as Freemium use. By using our Products, you agree to all the terms described here and in related agreements found within our solutions. 

We don't sell your personal data to anyone, nor any of the transactional data which belongs to you, and we don't share information that directly identifies you (such as your name, email address or other contact information) with anyone unless you give us specific permission. We do use aggregated data from our users for the benefit of all users, yet without identifying you.

Our Data Policy explains how we collect and use your data. You can also go to your profile at any time to review your data. 


1. The services we provide

Our mission is to provide excellent tools for real estate businesses to increase productivity & transactions through best-business practices in all of our software solutions, consulting services, digital marketing and other technology solutions. To help advance this mission, we provide the products and services described below to you: 

Provide a personalized experience for you:

Your experience with Optima-CRM is unlike any other real estate solution: from the very customizable user interface for each of your offices, menus, authorization roles, and individual user settings, through the configuration of the many options, tables and values, making the solution totally yours, branded in your colors and brand(s). 

Connect you with people and organizations that you care about:

We help you find and connect with people, groups, businesses, organizations and others that matter to you across the Optima-CRM Products that you use. We use the data that we have to make suggestions for you and others – for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch and people who you may want to become connected to. Stronger ties make for better business, and we believe that our services are most useful when people are connected to people, groups and organizations that they care about. 

Empower you to express yourself and communicate about what matters to you:

There are many ways to express yourself in Optima-CRM and to communicate with clients, partners, colleagues and others about what matters to you – for example, sharing properties, work lists, and related relevant information across the OptimaSys Products that you use, sending messages to a contact or a group of people, creating groups, or adding content to your agency. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 virtual tours to create and share more expressive and engaging content on Optima-CRM on websites and portals, in exports to collaborators and much more. 

Help you discover content, products and services that may interest you:

We show you through videos and other media, offers and other content to help you discover new ways to transact and manage your business, expand your business lines and depth of them.  

Use and develop advanced technologies to provide safe and functional services for everyone:

We use and develop advanced technologies backed by the highest levels of security, mirroring of data, back-ups, and always controlled by the authorization roles so that people can use our Products safely regardless geographic location from any type of device, screen size or operating system. 

Research ways to make our services better:

We engage in research to continuously develop to evolve constantly, test and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. We also work together with our users to define improvements and new functions as we believe that our users know best what they need in their daily business. 

Provide consistent and seamless experiences across the Optima-CRM Company Products:

Our Products help you to improve your productivity, increase positive results, reduce costs and connect with people, groups, businesses, organizations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Optima-CRM Company Products that you use. 

Enable global access to our services:

To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by OptimaSys Group Spain S.L., or its technology partners. 


2. How our services are funded 

The development, maintenance and use of Optima-CRM and the other products and services we offer, are funded through licenses fees based on the number of users in your organization, the types of users, and the Products used. 

Protecting people's privacy is central to how we've designed our system. This means that we can show you relevant and useful information without telling anyone who you are or where the information comes from, often aggregated from a large group of data. We don't sell your personal data. 

We also provide users with reports about the performance of aggregated data from large groups of users across the platform to help them understand how people are interacting with this aggregated content on and off Optima-CRM. For example, we provide aggregated data of how many times a search was conducted resulting in consulting a relevant property on any of the websites connected to Optima-CRM, based on generic search parameters such as price ranges, property types, property locations, etc. We don't share information that directly identifies you or any of our users (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. 


3. Your commitments to Optima-CRM and our community 

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments: 

a. Who can use Optima-CRM

Any real estate professional who likes to improve their business through our advanced solutions. Therefore, required are: 

  • one person represent one user and users cannot be shared between persons;
  • provide accurate information about yourself in your company and user profile;
  • either access Optima-CRM with a Demo user, a Freemium (trial) user, or a licensed user which license is paid current for the period ahead as specified in our Licenses Terms;
  • the contracted business or person responsible for that business, assumes all responsibility for the use of any of the users in their agency accessing Optima-CRM or other Products;
  • not share your password, give access to your Optima-CRM account to others or transfer your account to anyone else (without our permission).

We try to make Optima-CRM broadly available to any real estate professional, but you cannot use Optima-CRM if: 

  • you are under 18 years old;
  • you violate any of the license agreement terms & conditions;
  • we've previously disabled your account for breaches of our Terms or Policies, until we have agreed in writing you are approved to continue using our Products;
  • you are prohibited from receiving our products, services or software under applicable laws.

b. What you can share and do on Optima-CRM

We want people to use Optima-CRM to their business and to share content that they deem necessary or advantageous to their business, but not at the expense of the safety and well-being of others or the integrity of our solution. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so): 

  1. You may not use our Products to do or share anything: 

    • that breaches these Terms that apply to your use of Optima-CRM;
    • that is unlawful, misleading, discriminatory or fraudulent;
    • that infringes or breaches someone else's rights, including their intellectual property rights.
  2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.

  3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

We can remove or block content that is in breach of these provisions. 

If we remove content that you have shared for breach of our Terms, we'll let you know and explain any options that you have to request another review, unless you seriously or repeatedly breach these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.  

c. The permissions you give us

We need certain permissions from you to provide our services: 

  1. Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Optima-CRM and the other Optima-CRM Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services, we need you to give us some legal permissions (known as a ‘license') to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.

Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license to host, copy, use to include in aggregated data which does not reveal the origin or identity of this data, translate and create derivative works of your content (consistent with our Data Policy and application settings). This means, for example, that if you share a property on Optima-CRM, you give us permission to store, copy and share it with others (again, consistent with your MLS & export settings) such as service providers that support our service or other Optima-CRM Products you use. This license will end when your content is deleted from our systems.

You can delete your account if you no longer want to use the product. You can export your data at any time before deleting your account.

Who can delete the Agency account

Any user with access to the Agency settings can deactivate/delete the Agency.

What happens when you delete your account

You will no longer be able to login to your account. We maintain the Agency in backup for a few weeks of time to give you the opportunity to reactivate it. This period can be extended if any judicial reason or request for it exists which requires to maintain the data available.

How to reactivate the account

To reactivate your account, unless you create a new one with another email address and Agency data, you need to contact our support at support@optimasys.es from the email address that is linked to your Agency in Optima-CRM. We then will reactivate it and inform you as soon as that is done. This usually takes less than 1 business day.

How to contact Optima-CRM with questions

If you have questions about this Policy, you can contact us as described below.

When you delete content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where:

  • immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it); 
  • your content has been used by others in accordance with this license and they have not deleted it (in which case, this license will continue to apply until that content is deleted); or
  • where immediate deletion would restrict our ability to:
    • investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
    • comply with a legal obligation, such as the preservation of evidence; or 
    • comply with a request of a judicial or administrative authority, law enforcement or a government agency; 

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). 

In each of the above cases, this license will continue until the content has been fully deleted. 

  1. Permission to use your company name, logo and general information: You give us permission to use your company name, logo and information about company that you have taken on Optima-CRM next to or in connection with usage, offers and other content that we display across our Products, without any compensation to you. For example, we may show businesses and people that you are using Optima-CRM and/or any or our Products. 
  2. Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available. 

d. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Optima-CRM), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us. 


4. Brand Usage Guidelines

a. Brands of OptimaSys

Any user with access to the Agency settings can deactivate/delete the Agency.

b. What happens when you delete your account

You will no longer be able to login to your account. We maintain the Agency in backup for a few weeks of time to give you the opportunity to reactivate it. This period can be extended if any judicial reason or request for it exists which requires to maintain the data available.

c. How to submit a request

Please submit a request for permission when you need to use brand assets from our family of Products and technologies in any of the following:

  • Marketing or advertising that appears on TV or online
  • Print medium

All other forms of marketing do not require permission but must use the officially provided assets and abide by the guidelines on this site. Please note that we can only process requests made in English.

5. Bugs definition and fixing

a. What is a considered a bug?

A computer bug definition is referred to as a failure or a flaw in a software program causing the software not to complete a process or provide a wrong result (e.g. calculation error). A Bug produces an incorrect or undesired result that deviates from the expected result or behaviour. A calculation that displays the sum of two numbers, resulting in a wrong total, then we can say this app has a bug.
Every software application goes through several testing cycles before they are released to the end-users. OptimaSys testing teams test the application using a set of test cases written based on the requirements. While executing these test cases if the testers find any unexpected result, they mark it as a bug and report to the developers to get it fixed. Also an endorser may encounter a bug by using the system, which then can be reported in the ticket system.
Every software bug has a life cycle. The moment a bug is discovered, it is in the “new” state. When it is reported to a developer, the state becomes “assigned”. While the developer works on fixing the bug, it is in the “open” state. If the issue is fixed, it is marked as “fixed”. The testers and/or endusers test the application again to check if the issue persists. During this time the bug is in the “action required” state. If the issue no longer persists, the tester marks it as “verified” and then “closed” once it is confirmed. If the issue persists the bug is moved to the “re-opened” state.

b. What causes bugs in software?

A flaw or failure in a software program could occur due to the following reasons.
1. Program errors that programmers create while coding the application. These could be logical errors, syntax errors and semantic errors.
2. Frequent changes in the requirements and miscommunications among the clients, business analysts, developers and testers.
3. A combination of actions and routines could lead to a bug.
4. Updates of software components may cause a bug in another area of the software.
5. Bugs caused by changes of external services and systems, interacting with the OptimaSys software.

c. Bug fixing and responsibilities

Bugs caused by internal programming that impact the correctness of a process and its outcome will always be fixed by OptimaSys and under its responsibility at own cost.
Bugs caused by changes in external systems, creating incompatibilities or wrong results however are not the responsibility of OptimaSys. Provided that the external software provider delivers a solution and clear instructions, integration issues will be addressed by OptimaSys to make the process run smoothly again. However, incorrect data or results provided by the external system or software are not a responsibility of OptimaSys and any solutions proposed or requested by clients could and likely would involve a cost for the client, equal to the time and effort required to implement the solution and possible licenses fees associated to such alternative solutions.

d. Websites built and hosted by OptimaSys

OptimaSys guarantees the working of own created code and integrations with Optima-CRM through the lifetime of the website hosted by OptimaSys. No costs will be charged to the client to fix any bugs related to own code for the normal functioning of the site as delivered and accepted by the client. 
Any change requests from the client, or eventual changes form external systems or software integrated in the site, including incorrect results from the use of such external software, will not be included in this guarantee. Fixes or replacements of such ‘bugs’ or wrong results, will be at the cost of the client.

6. Additional provisions 

a. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. 

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Optima-CRM community, you can close your account at any time. 

b. Account suspension or termination

We want Optima-CRM to be a place where people feel welcome and safe to conduct business, express themselves and share their thoughts and ideas. 

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you infringe other people's intellectual property rights or where we are required to do so for legal reasons. 

Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. 

 c. Limits on liability

Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights. 

We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control. 

d. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know upfront where it can be resolved and what laws will apply. 

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Optima-CRM Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Spain and that Spanish law will govern these Terms and any claim, without regard to conflict of law provisions. 

e. Other

  1. These Terms make up the entire agreement between you and OptimaSys Group Spain S.L. regarding your use of our Products. They supersede any prior agreements.
  2. Some of the Products that we offer are also governed by supplemental Terms. You also must agree to our Commercial Terms
  3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
  4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  5. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
  6. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.


 Date of last revision: 7 July 2020