Terms of Service

1. Definitions

In these Terms of Service, the following terms shall have the meanings set forth below:

• "Agreement" means these Terms of Service, including any amendments and additional terms incorporated by reference.
• "Company," "we," "us," or "our" refers to i360city CO., LTD., a company incorporated in Thailand.
• "Platform" or "Services" refers to the i360one Real Estate Operating System, including the website, web applications, mobile applications, APIs, and all related services.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Developer" means a real estate development company or individual who lists properties on the Platform.
• "Agent" means a licensed real estate agent or broker who uses the Platform to access and sell properties.
• "Buyer" means an individual or entity interested in purchasing properties listed on the Platform.
• "Content" means all text, images, videos, 360° tours, documents, data, and other materials uploaded, submitted, or displayed on the Platform.
• "User Content" means any Content submitted, uploaded, or created by Users through the Platform.
• "Property Listing" means any real estate project, unit, or property advertised on the Platform.

2. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement constitutes a legally binding contract between you and the Company.

If you are using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, in which case "you" and "your" will refer to that entity.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Eligibility

To use our Services, you must:

• Be at least 20 years of age (the age of majority in Thailand) or have parental/guardian consent
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable laws
• For Agents: Hold a valid real estate license or be employed by a licensed brokerage in your jurisdiction
• For Developers: Be a legally registered business entity with valid business registration
• Provide accurate and complete registration information

We reserve the right to refuse service, terminate accounts, or cancel transactions at our sole discretion if we believe you do not meet these eligibility requirements or have violated these Terms.

4. Account Registration

4.1 Account Creation

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Immediately notify us of any unauthorized access to your account
• Not share your account with any other person or entity
• Not create multiple accounts for fraudulent purposes

4.2 Account Security

You are solely responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4.3 Account Verification

We may require verification of your identity, professional credentials, or business registration before granting full access to our Services. Failure to complete verification may result in limited access or account suspension.

5. User Types and Roles

Our Platform supports different user types, each with specific rights and responsibilities:

5.1 Developers

• May create and manage property listings, projects, and units
• May grant access to Agents to sell their properties
• Are responsible for the accuracy of all property information
• Must comply with all applicable real estate laws and regulations
• Must maintain valid business registration throughout their use of the Platform

5.2 Agents

• Must be verified through our verification process before accessing property listings
• May access properties only with explicit permission from Developers
• Must maintain valid real estate licenses as required by their jurisdiction
• Must comply with all applicable real estate brokerage laws and ethical standards
• May create proposals, manage client relationships, and facilitate transactions

5.3 Buyers

• May browse properties and receive proposals from Agents
• Are responsible for their own due diligence in property transactions
• Must provide accurate information when engaging with Agents or Developers

6. Description of Services

i360one is a comprehensive Real Estate Operating System that provides:

• Property Management: Tools for creating, managing, and showcasing real estate projects and units
• Agent Management: Verification, access control, and performance tracking for real estate agents
• Sales Tools: Proposal generation, contract management, and buyer relationship management
• 360° Virtual Tours: Integration with immersive property viewing experiences
• Analytics: Performance metrics, reporting, and business intelligence, including statistics about visits to your public pages (see Schedule A)
• Communication: Tools for facilitating communication between Developers, Agents, and Buyers
• Document Management: Secure storage and management of transaction documents

The availability of specific features may vary based on your user type, subscription plan, and geographic location.

6.1 AI Features

Some subscription plans include AI assistants that answer messages automatically: the AI Sales Executive and the Customer Care Assistant for your customers, and assistants for your team that answer your staff's questions about your business in their own chats. By switching them on, you agree that:

• Answers can be wrong. AI answers are generated automatically from the information in i360one and may be incomplete or incorrect. Check important facts — prices, availability, payment amounts, dates and contract terms — in i360one before you rely on them or pass them on
• Read-only. The assistants read information; they do not create, change, approve, send or delete records
• Your choices. You decide which assistants are on and which channels they answer on. You are responsible for linking a customer's chat to a deal only after checking the person's identity, and for giving each team member only the permissions they need — a team assistant answers with whatever that person's account may see
• Your customers and team. You are responsible for telling your customers and team members, where the law requires it, that an AI answers their messages and how their data is used (see Section 14 of our Privacy Policy)
• Allowance. AI answers, including answers in team chats, count toward your plan's monthly allowance and its daily safety limit. When either is used up, the assistants stop answering until it resets or you buy more; messages still reach your inbox

7. Permitted Use

You may use our Services only for lawful purposes and in accordance with this Agreement. You agree to use our Services solely for:

• Legitimate real estate business activities
• Listing, marketing, and selling genuine real estate properties
• Managing client relationships and transactions
• Accessing property information for genuine purchasing interest
• Communicating with other Users for legitimate business purposes
• Generating reports and analytics for your business operations

8. Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

8.1 Fraudulent Activities

• Posting false, misleading, or fraudulent property listings
• Misrepresenting your identity, credentials, or authority
• Creating fake accounts or impersonating other Users
• Engaging in bait-and-switch tactics or deceptive practices
• Manipulating prices, commissions, or transaction data

8.2 Unauthorized Access

• Accessing areas of the Platform you are not authorized to access
• Attempting to bypass security measures or access controls
• Using automated systems, bots, or scripts without authorization
• Harvesting or collecting User data without consent
• Interfering with or disrupting the Platform or servers

8.3 Intellectual Property Violations

• Uploading content that infringes on intellectual property rights
• Copying, reproducing, or distributing Platform content without authorization
• Removing or altering proprietary notices from any content
• Using Platform branding without written permission

8.4 Harmful Activities

• Uploading malware, viruses, or malicious code
• Harassing, threatening, or defaming other Users
• Posting discriminatory, offensive, or illegal content
• Using the Platform for money laundering or illegal financial activities
• Violating any applicable laws, regulations, or professional standards

8.5 Competition and Solicitation

• Using the Platform to develop competing products or services
• Soliciting Users to use competing platforms
• Attempting to poach clients or relationships developed through the Platform

9. User Content

9.1 Ownership

You retain ownership of all User Content you submit to the Platform. However, by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing our Services.

9.2 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to submit all User Content
• Your User Content does not infringe on any third-party rights
• Your User Content is accurate, truthful, and not misleading
• Your User Content complies with all applicable laws and regulations

9.3 Content Moderation

We reserve the right to review, modify, or remove any User Content at our sole discretion, without prior notice, for any reason including violation of these Terms. We are not obligated to monitor User Content but may do so to ensure compliance with this Agreement.

10. Intellectual Property

10.1 Platform Ownership

The Platform and all associated intellectual property rights, including but not limited to software, designs, text, graphics, logos, trademarks, and service marks, are owned by i360city CO., LTD. or its licensors. All rights not expressly granted in this Agreement are reserved.

10.2 Limited License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes.

10.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Sublicense, sell, or transfer your access to the Platform
• Use our trademarks or branding without written permission

11. Fees and Payment

11.1 Subscription Fees

Access to certain features of the Platform may require payment of subscription fees. Current pricing is available on our website or upon request. All fees are stated in Thai Baht (THB) unless otherwise specified.

11.2 Payment Terms

• Fees are due in advance for the applicable subscription period
• All fees are non-refundable except as expressly stated
• We may change our fees with 30 days' advance notice
• Failure to pay may result in suspension or termination of your account

11.3 Taxes

You are responsible for all applicable taxes, including VAT, withholding taxes, and any other taxes imposed by relevant authorities. Fees quoted may not include taxes unless explicitly stated.

12. Verification Process

12.1 Agent Verification

Agents must complete our verification process, which may include:

• Submission of valid real estate license or certification
• Business registration documentation (DBD registration)
• Identity verification documents
• Professional reference verification

12.2 Developer Verification

Developers must provide valid business registration documentation and may be subject to additional verification requirements.

12.3 Verification Decisions

We reserve the right to approve or reject verification applications at our sole discretion. A rejected application may be appealed by providing additional documentation or clarification.

13. Data Accuracy

While we strive to ensure the accuracy of information on our Platform:

• Property information is provided by Users and may not be independently verified
• Prices, availability, and other details are subject to change without notice
• We do not guarantee the accuracy, completeness, or reliability of any content
• Users should conduct their own due diligence before making any decisions

Property listings are for informational purposes only and do not constitute an offer to sell or a solicitation of an offer to buy.

14. Third-Party Services

Our Platform may integrate with or contain links to third-party services, websites, or content. We are not responsible for:

• The availability, accuracy, or content of third-party services
• The privacy practices or terms of third-party services
• Any damages or losses arising from your use of third-party services

Your use of third-party services is governed by their respective terms and privacy policies.

15. Disclaimers

16. Limitation of Liability

• Your use or inability to use the Services
• Any unauthorized access to or alteration of your data
• Any content or conduct of any third party on the Services
• Any property transactions facilitated through the Platform
• Any other matter relating to the Services

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) THB 10,000.

17. Indemnification

You agree to indemnify, defend, and hold harmless i360city CO., LTD. and its directors, officers, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of this Agreement
• Your violation of any applicable law or regulation
• Your User Content
• Your use of the Services
• Any property transaction in which you are involved
• Any dispute between you and another User

18. Termination

18.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Termination will not affect any obligations incurred prior to termination.

18.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate any provision of this Agreement
• We are required to do so by law
• Your conduct may expose us or other Users to legal liability
• You fail to pay any applicable fees
• Your professional license is suspended or revoked

18.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may retain certain data as required by law or for legitimate business purposes. Sections of this Agreement that by their nature should survive termination shall survive.

19. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions. Any legal proceedings arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Thailand, located in Phuket Province.

20. Dispute Resolution

20.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us to attempt to resolve any dispute informally. Most concerns can be quickly resolved through our support team.

20.2 Mediation

If informal resolution is unsuccessful, either party may request mediation. Mediation shall be conducted in Phuket, Thailand, in the Thai language, unless otherwise agreed by both parties.

20.3 Litigation

If mediation is unsuccessful, either party may pursue legal action in the courts of Thailand. You agree to submit to the personal jurisdiction of the courts located in Phuket Province, Thailand.

21. Modifications to Terms

We reserve the right to modify this Agreement at any time. When we make material changes:

• We will update the "Last Updated" date at the top of these Terms
• We will notify you via email or prominent notice on the Platform
• Material changes will become effective 30 days after notice

Your continued use of the Services after any modifications constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.

22. General Provisions

22.1 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements and understandings.

22.2 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

22.4 Assignment

You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement without restriction.

22.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages.

22.6 Language

This Agreement is executed in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

23. Contact Information

If you have any questions about these Terms of Service, please contact us:

Schedule A — Processing of Visitor Statistics

This Schedule forms part of this Agreement (see Section 6) and takes effect as set out in Section 21.

A.1 Definitions

In this Schedule:

• (a) "Vendor" means a Developer or Agent (including an agency) that has an account on the Platform and pages that the public can visit through it;
• (b) "Vendor Pages" means the Vendor's website on the Platform (on any domain), its public profile, and the public pages of its projects, units, forms, shared folders and signing requests;
• (c) "Platform Pages" means the Company's own public pages, including the marketplace and the pages of projects whose developer has no account on the Platform;
• (d) "Visitor Statistics" means the Platform's measurement of visits to Vendor Pages and Platform Pages, and "Visitor Data" means the personal data processed for it;
• (e) "Data Protection Law" means Thailand's Personal Data Protection Act B.E. 2562 (2019) and, where it applies, Regulation (EU) 2016/679 (GDPR);
• (f) "Personal Data Breach" has the meaning given in the Data Protection Law; "controller", "processor" and "data subject" have the meanings given there.

A.2 Roles

For Visitor Data from Vendor Pages, the Vendor is the controller and the Company is its processor. For Visitor Data from Platform Pages, the Company is the controller.

A.3 Instructions and Purpose

The Company processes Visitor Data from Vendor Pages only to provide Visitor Statistics to the Vendor, on the Vendor's documented instructions, which are this Agreement and the Vendor's use of the Platform's settings. The Company does not use that Visitor Data for advertising, does not build profiles of visitors across Vendors, and does not sell it. The Company tells the Vendor if, in its opinion, an instruction would breach the Data Protection Law.

A.4 Separation

A Vendor sees Visitor Statistics only for its own Vendor Pages. A Developer whose projects or units are shown on another Vendor's pages sees only aggregated totals for those listings there, never information about individual visitors or other parts of that Vendor's pages.

A.5 Data Processed

Data subjects: visitors to Vendor Pages. Categories: pages opened and actions on them; time on page; referring website; campaign and share-link codes; device type, operating system and browser; browser language; approximate location (country, region, city) derived from the IP address; the IP address itself; and, only where the visitor has consented, a random identifier stored in the visitor's browser. The full IP address is kept for no more than 90 days, after which only a shortened form is kept.

A.6 Retention and Deletion

• (a) Individual visit records are kept for 13 months.
• (b) A copy without any IP address and without the browser identifier is kept for up to 3 years for long-term reporting, then deleted.
• (c) Aggregated totals that do not identify any person may be kept indefinitely.
• (d) Deleted records leave the Company's backups within 2 months.
• (e) After the Vendor's account has been deactivated or deleted, the Company deletes the Visitor Data of the Vendor Pages, including archive copies, within 30 days of the Vendor's written request. Visitor Statistics for the Vendor's listings shown on other Vendors' pages belong to those Vendors and are not deleted.

A.7 Sub-processors

The Vendor authorises the Company to use sub-processors: Railway Corporation (hosting of the databases, queues and processing services) and Cloudflare, Inc. (storage of archives and backups). Location data is derived from databases held on the Company's own servers; no Visitor Data is sent to their providers. The Company imposes on each sub-processor data-protection obligations no less protective than this Schedule and remains responsible for them. The Company informs the Vendor of a new sub-processor at least 30 days before using it.

A.8 Location and Transfers

Visitor Data is processed in Singapore and stored in the Asia-Pacific region. Where Visitor Data is transferred outside Thailand, the Company ensures safeguards required by the Data Protection Law.

A.9 Data Subject Requests

The Company assists the Vendor in answering requests from visitors. The Company can delete a visitor's records by IP address (for visits within the last 90 days) or by the browser identifier, at one Vendor or across all Vendors. Deletion is permanent and is logged without the identifier used. Requests are answered within 30 days. A request the Company receives directly about Vendor Pages is handled under this clause and the Vendor is informed.

A.10 Security

The Company keeps appropriate technical and organisational measures, including: every query for a Vendor's Visitor Statistics restricted to that Vendor in code and tested; archives without IP addresses or browser identifiers; backups and archives in private storage with their own access keys; encryption in transit; and confidentiality obligations for personnel with access.

A.11 Personal Data Breach

The Company notifies the affected Vendor without undue delay and in any event within 48 hours of becoming aware of a Personal Data Breach affecting its Visitor Data, with the information then available (nature of the breach, categories and approximate number of visitors and records, likely consequences, measures taken), and supplements it as more becomes known. The Company cooperates so the Vendor can meet its own notification duties (72 hours to the regulator under the Data Protection Law).

A.12 Vendor Obligations

The Vendor:

• (a) keeps the visitor consent prompt in place;
• (b) keeps its name, address and e-mail accurate in its website settings, as they are shown in the privacy notice the Platform adds to its website automatically; and
• (c) does not try to identify individual visitors from Visitor Statistics.

A.13 Information and Audit

The Company makes available the information reasonably necessary to show compliance with this Schedule and answers the Vendor's reasonable written questions. On-site or third-party audits: at most once a year, with 30 days' notice, at the Vendor's cost, limited to Visitor Statistics.

A.14 Precedence

For Visitor Data, this Schedule prevails over any other part of this Agreement.