1.1 Definitions. In addition to terms defined elsewhere in these Terms of Service, the following terms will have the meaning set out below:

“Agent”: any real estate agent or other user of the Anyone Platform or the Anyone Services offering or providing services to you or another Buyer or Seller.

“Agent Agreement”: any agreement, including discussions or negotiations for such agreement, under which you purchase and use Agent Services.

“Agent Services”: any services offered or provided by an Agent to you or another Buyer or Seller on, through, or with help of, the Anyone Platform.

“Agreement”: your agreement to use the Account and the Anyone Platform.

“Anyone” (also referred to as “we”, “us” or “our”): Anyone.com B.V. a private company with limited liability incorporated under the laws of the Netherlands, registered with the Chamber of Commerce under number 87900769.

“Anyone Platform”: the platform available through www.anyone.com and its subdomains, including the Account.

“Anyone Services”: all services provided by Anyone under the Agreement, including the provision and maintenance of the Anyone Platform, support services, communication between Anyone, Agents and you, and other similar services.

“Account”: access to a personalized section of the Anyone Platform containing your listings, viewings, offers, Content, and other information, through a dashboard or otherwise.

“Buyer or Seller”: any third party seeking to sell or obtain ownership or other rights in (real estate) property.

“Content”: images, logos, trademarks, text, documents (including Agent Agreements), and all other information in relation to you, provided by you or otherwise obtained by Anyone, for purposes of your use of the Anyone Services, or facilitating your purchase and use of Agent Services.

“Intellectual Property Rights”: means all intellectual property rights, including copyrights, patents, utility models, trademarks, service marks, design rights, database rights, proprietary information rights, know-how and all other intellectual or industrial proprietary rights as may hereinafter exist anywhere in the world.

“Parties”: Anyone and you.

“Platform Guidelines”: the guidelines that apply to the operation of the Anyone Platform and its use by you.

“Terms of Service”: these Terms of Service for Buyers and Sellers, including the documents referenced therein.

1.2 These Terms of Service apply to all offers of Anyone and to all agreements (including the Agreement) between Anyone and you, and take precedence over any other communication (oral or in writing) between the parties. Any general terms and conditions (of sale) of you shall not apply and are expressly rejected.

2.1 Registration. To use the Anyone Platform, you must register a personal Account on www.anyone.com. By registering the Account, you declare and guarantee that:

you have carefully studied these Terms of Service, fully understand them, and agree to be bound by them;

you will keep the Content accurate and up to date at all times;

you are responsible for maintaining the confidentiality of your password and all use of your Account, and that you will not allow other persons to use your Account, nor will you transfer or assign the Account to another person;

you will not use the Anyone Platform or the Anyone Services for purposes other than permitted by these Terms of Service, and that you will not interfere with the proper functioning of the Anyone Platform and the Anyone Services;

you will fully comply with all laws and regulations applicable in the jurisdiction where you use the Anyone Services or purchase and use Agent Services, including (but not limited to) laws relating to real estate services and property transactions, and possess all licenses, permits, registrations, certificates, rights and other documentation required;

2.2 Your License. Subject to your compliance with the terms and conditions of the Agreement, we hereby grant you a limited, personal, revocable, non-exclusive license for the term of the Agreement to use the Anyone Platform for the purpose mentioned in these Terms of Service. The license does not give you the right to sublicense or transfer rights to third parties.

2.3 Use Limitations. While using the Anyone Platform, unless expressly permitted under mandatory applicable law, you may not:

decompile or reverse-engineer the source code of the Anyone Platform or other Anyone software, or attempt to obtain the source code of the Anyone Platform or other Anyone software in any other way;

modify the Anyone Platform in any way or form, or use modified versions of the Anyone Platform;

transmit files containing viruses, corrupted files, or other programs that may damage or adversely affect activities on the Anyone Platform;

copy, modify, distribute, disseminate, reverse engineer, scrape, decompile, frame, data mine, use for training (generative) artificial intelligence or otherwise exploit the Anyone Platform, by automated means or otherwise;

attempt to gain unauthorized access to the Anyone Platform or Anyone Services.

2.4 Platform Guidelines. You acknowledge that the Platform Guidelines apply to the operation of the Anyone Platform and your use thereof. The Platform Guidelines may be updated from time to time upon prior written notice by Anyone. You agree to adhere to these Platform Guidelines in the performance of the Agreement.

2.5 Content. Throughout the term of the Agreement, you may update certain Content in the Account. You will ensure that the Content (including any updates thereof) (i) is not misleading towards third parties (including Agents), (ii) complies with the reasonable requirements as communicated by Anyone to you, (iii) does not infringe any third party rights, including intellectual property rights, and (iv) complies with all applicable laws and regulations. You hereby provide Anyone with a worldwide, royalty-free, non-exclusive, transferable perpetual license (i) for our internal business purposes and (ii) to display Content on the Anyone Platform for purposes of promoting the purchase or sale of property or similar activities. You waive any moral rights which Homeowner may have under any applicable law to object to changes made to Content. Such waiver does not affect in any way your ownership of any intellectual property rights in the Content.

2.6 Backups and Copies. We do not make additional copies or backups of Content. We therefore recommend that you regularly make such copies or backups.

2.7 Pre-existing Intellectual Property Rights. All Intellectual Property Rights existing prior to the closure of the Agreement will belong to the Party that owned such rights prior to closure. Notably, Anyone shall remain the owner of all Intellectual Property Rights in relation to the Anyone Platform and the Anyone Services. Neither Party shall transfer by implementation of the Agreement any such pre-existing Intellectual Property Rights.

3.1 No Mediation. You acknowledge and agree that we provide you with a platform enabling you to enter into Agent Agreements to purchase and use Agent Services. We do not provide Agent Services or otherwise mediate (“bemiddelen”) during transactions between you and any other buyers and sellers, including for the purchasing and selling of real estate. You must ensure that Anyone will not be a party to any Agent Agreement with you, or to any agreement with another Buyer or Seller, and that this is clearly and transparently communicated in any Agent Agreement.

3.2 Relationship. Nothing in the Agreement is intended to, or shall operate to, create a legal partnership, employment, joint venture or agency relationship between the Parties thereto, or to authorize either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

4.1 Data Protection. You shall comply with its respective obligations under all applicable laws, regulations and regulatory guidance with respect to data protection and privacy. To the extent we process personal data as a controller, we do so in accordance with the Anyone Privacy Statement, which is available at /privacy. When we process personal data as a processor, we do so under the following principles, whereby the terms used shall have the same meaning as in the General Data Protection Regulation (2016/679/EU), the ‘GDPR’:

we shall only carry process the personal data on your instructions and shall inform you if we think any of these instructions infringe the GDPR;

we implement appropriate technical and organizational measures to ensure a level of security of the personal data against loss and unlawful processing, appropriate to the risk, including remedial action in the event of a personal data breach as meant under g.;

you provide us with specific authorization to engage sub-processors. We will inform you in advance of the engagement of a new sub-processor, giving you the right to object within four weeks, after which we assume you have given us your authorization to engage this new sub-processor. We ensure that our sub-processor shall be subject to a written contract providing for the same level of protection and we shall remain liable to you for the performance of our sub-processors;

we will ensure that all persons we have authorized to process the personal data are bound to confidentiality;

we will submit to a data security audit when reasonably required by you and at any time if any of your regulators requires an audit of your organization and / or any of your service providers. You will reimburse us for all reasonable costs of our cooperation in such audit;

where appropriate we shall assist you with the fulfilment of your obligations under the GDPR, such as responding to requests to exercise data subject rights, data protection impact assessments and prior consultations with supervisory authorities;

in case of a personal data breach, we shall inform you within 48 hours after discovery;

upon your request we shall delete or return all personal data to you after the end of the provision of the Anyone Services to you, unless we still have a legal obligation to retain the personal data;

we shall only transfer personal data to a country outside the European Economic Area when observing Chapter V of the GDPR.

5.1 Support. To the extent Anyone offers support for use of the Anyone Services, support is provided in its existing state (“as-is”) and on the basis of availability (“as-available”), and Anyone reserves the right to refrain from providing support in case of excessive support requests, i.e. when you structurally requests support significantly more than average.

6.1 Anyone Services. Anyone shall use commercially reasonable efforts to ensure that the Anyone Platform is available 24/7. However, you accept the Anyone Services in their existing state (“as is”), without any commitments by Anyone with regards to accuracy, completeness, quality, fitness for a particular purpose, or non-infringement. You agree that the Anyone Services are primarily provided in the English language and that Anyone Services provided in other languages, including translations of text on the Anyone Platform, are for convenience purposes only, so that Anyone cannot be held responsible for translation or typographical errors. You also accept the Anyone Services on the basis of availability (“as available”). Anyone may interrupt access, notably for reasons of maintenance and upgrading, or for any other reasons, specifically technical reasons. Anyone is in no event responsible for interrupted access to the Anyone Services and any resulting effects on purchasing or using Agent Services.

6.2 Liability for Agent Services and Agents. Since the use of the Anyone Platform for selling or obtaining ownership or other rights in (real estate) property depends on your conduct and conduct of third parties (including other buyers or sellers and Agents), we do not guarantee that our provision of the Anyone Services will result in any property sale or purchase, or change of ownership or other rights. Anyone will only act as a provider of the Anyone Services and shall have no responsibilities, obligations or liability in respect of the real estate transactions or Agent Services on any ground whatsoever. We are also not liable for acts or omissions of Agents and are not liable for any damages that may arise for you or your business as a result of the acts or omissions of the Agents.

6.3 Our Liability. If we breach our obligations under the Agreement, or if you have any legal basis whatsoever for recovering damages, you agree that to the extent permitted by applicable law, and except with respect to (i) claims arising from intent or gross negligence of Anyone’s management, and (ii) liability for death or personal injury, under no circumstances will Anyone be liable for direct damages exceeding two thousand (2,000) Euros per event. Under no circumstances will Anyone be liable for more than ten thousand (10,000) Euros under the Agreement or any other legal basis. You cannot recover any other damages, including indirect or consequential damages, damages caused by third party claims, lost profits or savings, or damages resulting from business interruption, or lost or inaccurate data.

6.4 Indemnity. You will indemnify, defend and hold harmless Anyone and its affiliates, and their respective officers, directors, employees, successors and assigns from any and all damages and costs (including reasonable legal fees) due to or in connection with (i) the Content, including its actual or alleged infringement of the Intellectual Property Rights of any third party; and (ii) your breach of its obligations under the Agreement or any other applicable laws or regulations. Anyone reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Anyone in asserting any available defenses.

7.1 Term. The Agreement comes into effect upon your registration of an Account, and can be terminated by you or us for convenience (“opzeggen”) upon fifteen (15) days written notice. You can terminate the Agreement through the settings in your Account.

7.2 Suspension and termination for cause. If you breach your obligations under the Agreement (including but not limited to the Platform Guidelines) or any law or regulation applicable to you, Anyone may provide you with a written notice of default, informing you of the breach. If you fail to cure the breach within any reasonable time period provided in the notice, then Anyone may suspend your access to the Account until you have cured the breach. If you repeatedly breach any of the aforementioned obligations, or breach several different obligations after each other, Anyone may terminate the Agreement for cause (“ontbinden”). Such will take effect after thirty (30) days, or immediately if your termination is in relation to serious form of illegal or inappropriate content, to safeguard the security of the Anyone Platform or Anyone Services, or to prevent fraudulent activities or spam.

7.3 Effect of Termination. Upon termination of the Agreement (whether by you or by us), the Anyone Services stop immediately and your right to use the Anyone Platform ends. We may, at our discretion, prohibit you from creating a new Account. Anyone will retain Content available through the Account with limited functionality for ten (10) days so that you may extract the Content. After the ten-day retention period ends, Anyone will disable the Account and delete the Content.

7.4 Survival. Termination of the Agreement shall not affect any accrued rights or liabilities of either Party under the Agreement. Any provision intended or expressed to survive termination or expiry and those provisions necessary for interpretation or enforcement of the Agreement shall survive expiration or termination for whatever reason and shall continue to apply indefinitely. Such surviving provisions include articles 2.7 (Pre-existing Intellectual Property Rights), 3 (Relationship Between You, Us and the Agents), 6 (Limitation of Liability and Indemnity), and 8.1 (Applicable Law and Jurisdiction).

8.1 Applicable Law and Jurisdiction. The Agreement and any non-contractual obligations arising out of or in connection with it, on whatever basis including tort, are governed by Dutch law, but this shall not deprive you of the mandatory consumer protections under the laws of the country in which you have your habitual residence, if and to the extent that we direct the Anyone Services to that country. With respect to jurisdiction, you and Anyone agree to choose the District Court of Amsterdam, the Netherlands, except if you qualify as a consumer and you have your habitual place of residence in a member state of the European Union. In the latter case, if we bring an action against you, then we do so before the courts of the member state in which the you have your habitual place of residence, and if you bring a case against us, you do so either before those courts, or the District Court of Amsterdam, the Netherlands.

8.2 Order of Precedence. In case of any conflict or inconsistency between these Terms of Service and any document referenced therein, that is not expressly resolved, the Terms of Service will control.

8.3 Assignment. You shall not assign (any of its rights under) the Agreement or delegate any of its obligations hereunder to a third party without the prior written consent of Anyone, and any such attempted assignment shall be void. Anyone may, without obtaining your prior written consent, assign any of its rights and obligations under the Agreement to third parties or Anyone’s affiliates or to the surviving corporation with or into which Anyone may merge or consolidate or an entity to which Anyone transfers all, or substantially all, of its business and assets, to which assignment you herewith agree in advance.

8.4 Amendment of the Terms of Service. From time to time and upon written notification, Anyone may amend these Terms of Service. Amendments will take place on the date mentioned in the notification, but in no case sooner than thirty (30) days after notification. If you continue to use the Anyone Services after the effective date of the amendment, you are deemed to have accepted the revised terms. In the event that revised terms are not acceptable to you, you have the right to protest against the applicability of the amendment and terminate the Agreement within thirty (30) days after the aforementioned notice, taking into consideration a notice period of thirty (30) days, during which notice period the pre-existing Terms of Service remain applicable.

8.5 Severability. The invalidity, illegality or unenforceability of any of the provisions of the Agreement in any jurisdiction shall not affect the validity, legality and enforceability of the remaining provisions of the Agreement.

8.6 Entire Agreement. The Agreement contains the entire agreement between the Parties in respect of the provision of the Anyone Services and supersedes all previous agreements between the Parties relating to that subject matter.