Terms of Use — Homellya

Preamble

These Terms of Use, hereinafter the “Terms”, govern access to and use of the Homellya platform.

Homellya is an online property management platform enabling in particular owners, landlords, managers and tenants to access rental management, administrative tracking, document consultation, communication and request tracking features related to real estate properties.

Use of Homellya implies the User’s full and unconditional acceptance of these Terms.

Information about the website publisher and host is provided in the Legal Notice.

1. Definitions

For the purposes of these Terms, the terms below have the following meanings:

Homellya: the online platform published by Melocha Web SASU, accessible from the website and associated user areas.

User: any person with access to Homellya, regardless of their role.

Landlord: any User who is an owner, landlord, manager, agent, representative of an organisation or professional using Homellya to manage one or more real estate properties.

Tenant: any User occupying or intended to occupy a property managed through Homellya and benefiting from access to a tenant area.

Organisation: the management area created in Homellya by a Landlord or manager to administer properties, tenants, leases, documents, requests or members.

Account: the personal area allowing a User to access Homellya.

Services: all features made available on Homellya.

Content: information, data, messages, documents, photographs, files, contracts, inventories, rent receipts, supporting documents or any other item added, generated, transmitted or shared via Homellya.

Paid Offer: any offer, option or subscription billed to the Landlord or Organisation.

2. Scope of the Terms

These Terms apply to all Homellya Users, including Landlords, owners, managers, administrators or members of an Organisation; Tenants with free access to their tenant area; and any person invited to view, complete, sign or transmit documents via Homellya.

These Terms govern use of the platform. Subscription, payment, renewal, plan change, termination and, where applicable, withdrawal terms for paid offers are described in the Terms of Sale.

Tenants are not subject to the Terms of Sale when they use their tenant area free of charge and no paid offer is billed to them by Homellya.

3. Acceptance of the Terms

The User must accept these Terms before using Homellya. Acceptance may be collected when the account is created, on first login, when a tenant area is activated or when the Terms are updated.

The User represents that they have the legal capacity required to accept these Terms and use the Services. If acting on behalf of an Organisation, company, SCI, association or other legal entity, the User represents that they have authority to use Homellya on behalf of that entity.

If the User does not accept these Terms, they must refrain from using Homellya.

4. Platform access

Access to Homellya requires creation of an account or activation of user access. The User must provide accurate, complete and up-to-date information and update it when it changes.

The User is responsible for keeping credentials confidential and for all use of their account. Any use of the User’s account is presumed to have been made by the User unless proven otherwise.

If credentials are lost, stolen, compromised or used without authorisation, the User must inform Homellya as soon as possible. Homellya may implement additional security measures such as login links, verification codes, stronger authentication or other account-protection mechanisms.

5. Availability and maintenance

Homellya uses reasonable efforts to ensure platform access, availability and proper operation. The service is in principle available 24/7, except for voluntary or involuntary interruptions, including maintenance, updates, technical incidents, cyberattacks, provider failures, force majeure or network unavailability.

Homellya may temporarily interrupt access to all or part of the service for maintenance, security, improvement or platform development. Homellya does not guarantee continuous, permanent or error-free availability.

6. Role of Homellya

Homellya provides a technical platform intended to facilitate rental management, administrative organisation, exchanges and document availability between Users. Homellya is not a real estate agency unless expressly stated otherwise, does not act as agent for the Landlord, Tenant or any third party, and does not replace Users’ legal, contractual, tax, accounting, administrative or filing obligations.

Information, templates, tools, documents and features offered by Homellya are intended to assist the User in their management. They do not constitute personalised legal, tax, accounting, wealth or real-estate advice. The User remains responsible for checking, validating and using the information, documents and decisions made from the platform.

7. Common User obligations

Each User undertakes to use Homellya in accordance with applicable laws and regulations; comply with these Terms; provide accurate, complete and up-to-date information; not impersonate a third party; not access or attempt to access data, accounts or areas for which they are not authorised; not infringe the rights of other Users or third parties; not disrupt normal platform operation; report any fraudulent, abusive or unauthorised use of their account; and respect the confidentiality of information accessed via Homellya.

8. Prohibited uses

It is strictly prohibited to use Homellya to publish, upload, transmit or share unlawful, fraudulent, defamatory, insulting, discriminatory, threatening, malicious content or content infringing third-party rights; infringe privacy, image rights, secrecy of correspondence or confidentiality; bypass security measures; perform scraping, mass extraction, crawling, automated copying or unauthorised reuse of data; introduce viruses, malware, harmful scripts or any element compromising platform security; disrupt, overload, disorganise or alter Homellya; use Homellya for fraud, money laundering, scams or illegal activity; or divert the platform from its normal property-management purpose.

Homellya reserves the right to suspend, limit or delete access to any account in the event of a breach of these Terms.

9. Specific provisions for Landlords, owners and managers

The Landlord uses Homellya to manage one or more real estate properties, tenants, leases, documents, deadlines, requests, incidents, payments or any other element related to rental management.

The Landlord remains solely responsible for information about properties, dwellings, rooms, equipment and rentals; information about tenants, co-tenants, guarantors, agents or providers; documents uploaded, generated, shared or transmitted; compliance of leases, receipts, inventories, letters, certificates and other documents; legal, tax, accounting, filing and regulatory obligations; validity of information sent to Tenants; and management of the rental relationship.

The Landlord undertakes to enter only accurate, relevant and necessary information, to have the rights, authorisations and legal bases required when processing or sharing third-party data, and to inform the persons concerned when necessary. The Landlord remains responsible for deciding whether to use, modify, send, sign or keep any document generated or hosted via Homellya.

10. Specific provisions for Tenants

The Tenant may access a tenant area free of charge when made available by a Landlord, manager or Organisation. Depending on enabled features, this area may allow the Tenant to view housing or lease information, view or download documents, receive notifications, communicate with the Landlord or manager, send information, documents, supporting evidence, photographs or messages, report an incident, request or intervention, and track rental-relationship steps.

The Tenant undertakes to provide accurate, complete and up-to-date information and to transmit only relevant, lawful and necessary documents and information. The Tenant remains responsible for messages, documents, photographs, supporting evidence and information transmitted through Homellya.

The Tenant acknowledges that Homellya is a technical tool to facilitate exchanges and administrative management and does not replace the Landlord, manager or lease parties’ obligations. The Tenant is informed that some documents, information or messages may be viewed by the Landlord, manager or authorised Organisation members. The tenant area is free unless a paid offer or service is later expressly proposed and separately accepted.

11. Organisation members and access rights

An Organisation may include several members with different roles and access rights. Access rights may allow viewing, creating, editing, deleting, downloading, sharing or administering certain data or features.

The Organisation holder or administrator is responsible for granting, changing and removing member access. Each member is responsible for use of their own account. Homellya is not liable for consequences resulting from incorrect rights assignment by the Organisation administrator.

12. Uploaded Content and documents

The User warrants that they have the necessary rights, authorisations and legal bases for Content uploaded, entered, generated, shared, transmitted or stored via Homellya, and undertakes not to upload or share unlawful, fraudulent, malicious, defamatory, confidential without authorisation or rights-infringing Content.

The User remains owner of Content uploaded to Homellya and grants Homellya a non-exclusive, free, worldwide licence, limited to the term of service use and strictly necessary for hosting, storage, technical reproduction, display, processing, document generation, backup, security and making Content available as part of normal platform operation.

When images, photographs or documents are made public, shared by link, included in a listing, transmitted to a third party or exported from Homellya, Homellya may apply protection or traceability measures such as visible or invisible watermarking, technical signatures, metadata or digital fingerprints. These measures apply only to distributed, shared, exported or third-party-accessible versions unless technically necessary or specifically requested. Original uploaded files may be retained unaltered subject to technical processing needed for the service.

The User acknowledges that these measures are not an absolute guarantee against copying, capture, extraction, modification or unauthorised reuse by third parties. Homellya may delete, hide, suspend access to or refuse distribution of manifestly unlawful, inappropriate, fraudulent or non-compliant Content.

13. Documents, templates and information generated by Homellya

Homellya may provide templates, documents, prefilled fields, texts, calculations, summaries, notifications or automations to facilitate property management. These elements are assistance only and must be checked by the User before use, transmission, signature or filing with a third party.

The User remains solely responsible for the accuracy of entered data, verification and adaptation of generated documents, compliance with applicable regulations and the decision to use, send, sign or archive documents. Homellya does not guarantee that generated documents, templates or content are suitable for every specific situation.

14. Communications, messages and notifications

Homellya may allow Users to send messages, comments, notifications, reminders or information. The User undertakes to use these features fairly, respectfully and in accordance with their purpose.

Messages and notifications do not necessarily replace legal or contractual formalities that may otherwise be required. The User remains responsible for choosing the appropriate communication method when the law or contract imposes a specific form.

15. Reports, incidents and intervention requests

Homellya may allow Tenants or Landlords to report incidents, intervention requests, repairs or events related to a property. These features are intended to facilitate tracking and centralise exchanges.

Homellya is not responsible for the actual completion of requested works, interventions, repairs or services. The Landlord or manager remains responsible for handling requests falling within their obligations. The Tenant remains responsible for the accuracy of transmitted information and photographs.

16. Electronic signature

Certain documents, including contracts, leases, amendments, inventories or appendices, may be signed electronically via Homellya or through a third-party provider. Unless otherwise stated, the electronic signature offered is a simple electronic signature.

The User acknowledges that electronic signature may rely on a process enabling identification of the signer, the link between the signature and signed document, and retention of evidence. Evidence may include timestamps, IP address, document fingerprint, signature-workflow events, consent, email address and, where applicable, a verification code.

The User must check the document content before signing. Homellya is not liable for a signature applied to a document containing incorrect information supplied or validated by the User. Specific electronic-signature terms may be made available on a dedicated page and apply in addition to these Terms.

17. Third-party services and providers

Homellya may integrate or provide access to services operated by third-party providers, including for payments, subscriptions and invoices; electronic signature; emails or notifications; hosting and storage; technical analysis or security; and authentication or third-party login. For example, payments, billing or subscriptions may be operated by Stripe as an independent technical provider.

Use of some third-party services may require acceptance of their own contractual terms and privacy policies. Homellya is not liable for failures, unavailability, interruptions, errors or processing attributable to those providers when they act under their own responsibility.

18. Cookies and trackers

When browsing Homellya, cookies and other trackers may be stored on or read from the User’s device. Some cookies are strictly necessary for the site and platform to operate, including authentication, security, session management, remembering choices or accessing requested features, and do not require prior consent.

Other cookies or trackers, including analytics, personalisation or, where applicable, marketing trackers, may require the User’s prior consent. The User may manage preferences at any time as described in the Cookie Policy. Information on purposes, cookie categories, retention periods, providers and consent-management methods is available in the Cookie Policy.

19. Personal data

Collection and processing of personal data are described in Homellya’s Privacy Policy. Homellya acts as controller for processing related in particular to user account creation and management, platform administration, security and abuse prevention, support, contractual relationship management, billing and subscriptions where applicable, service communications and management of data-subject rights requests.

When a Landlord or Organisation uses Homellya to process data relating to third parties such as Tenants, co-tenants, guarantors, agents, providers or contacts, Homellya may act as processor under applicable regulations. In that case, the Landlord or Organisation remains controller and undertakes to inform data subjects, have an appropriate legal basis, comply with its own legal obligations and enter only data necessary for the pursued purpose.

A data processing agreement or DPA may be made available to govern processing performed by Homellya as processor. Data subjects have, under applicable conditions, rights of access, rectification, erasure, restriction, objection and portability, exercisable as described in the Privacy Policy.

20. Subscriptions and paid services

Some Homellya features may be free, while others may be reserved for a paid offer. Terms relating to paid offers, including prices, subscriptions, payments, renewals, plan changes, termination, withdrawal applicable to consumer Clients and possible refunds, are defined in the Terms of Sale.

Tenants with only free access to their tenant area are not concerned by the Terms of Sale unless they later subscribe to a paid offer or service expressly proposed and separately accepted.

21. Homellya intellectual property

All Homellya-specific elements, including texts, interfaces, databases, structures, graphics, logos, trademarks, code, templates, features, software components and documents generated by Homellya independently of User-provided Content, are the exclusive property of Melocha Web SASU or are used under authorisation.

Any unauthorised reproduction, representation, adaptation, extraction, distribution, decompilation, modification or exploitation of platform elements is prohibited. User-provided Content remains governed by the “Uploaded Content and documents” article.

22. Liability

Homellya uses reasonable efforts to ensure service availability, security and proper operation, but does not guarantee the complete absence of errors, interruptions, unavailability, data loss, anomalies, vulnerabilities, incompatibilities or failures. The User acknowledges that they use Homellya under their own responsibility.

Homellya may not be held liable for damage resulting in particular from misuse of the service; inaccurate, incomplete or outdated information supplied by the User; non-compliant use; a decision made by the User based on information or documents generated via Homellya; failure by the User to check information; breach by a Landlord, Tenant or third party; force majeure; third-party-provider failure; or unavailability of networks, hosting services or communication means.

The liability limitations in these Terms apply to the extent permitted by law and do not prevent mandatory guarantees or rights granted to consumers where applicable.

23. Suspension, restriction or removal of access

Homellya may suspend, restrict or delete a User’s access to all or part of the platform in the event of breach of these Terms; fraudulent, abusive or unlawful use; attempted intrusion or security breach; transmission of manifestly unlawful content; behaviour infringing the rights of other Users or third parties; legal, judicial or administrative request; or prolonged inactivity after reasonable notice.

Where possible, Homellya informs the User concerned of the reasons for the measure. Suspension or deletion of tenant access may also result from the end of the rental relationship, removal of access by the Landlord or closure of the relevant Organisation.

24. Account deletion and cessation of use

The User may stop using Homellya at any time. Account deletion methods may be available from the user area or upon request to Homellya.

Deleting an account may make it impossible to access associated data, documents or exchanges, subject to legal retention obligations, evidentiary needs, Homellya’s legitimate interests or other Users’ rights. Deleting a tenant account does not necessarily delete documents, exchanges or information kept by the Landlord or Organisation for rental management when retention is necessary or legally justified.

25. Changes to the Services

Homellya may modify, add, suspend or remove features to improve the service, correct anomalies, strengthen security, address technical constraints or comply with legal or regulatory developments. Where a change affects a paid offer, the applicable terms are specified in the Terms of Sale.

26. Updates to the Terms

Homellya may modify these Terms to reflect changes in the service, regulations, offers, organisation or technical methods. The applicable version is the one indicated at the top of the Terms page.

If a change requires new acceptance, Homellya may ask the User to accept the new version when logging in or before continuing to use the service. If the User refuses the new Terms, they may no longer be able to access all or part of the Services.

For Users with a paid subscription, the consequences of refusing new contractual terms, including non-renewal of the subscription or end of access at the expiry of the current period, are specified in the Terms of Sale or in the information displayed to the User. Homellya may retain proof of acceptance or refusal of the Terms, including date, version, acceptance context and technical evidence.

27. Non-waiver

Homellya’s failure to immediately invoke a User’s breach of any obligation may not be interpreted as a waiver of the right to invoke it later.

28. Severability

If any provision of these Terms is declared void, invalid or unenforceable, the other provisions remain fully applicable. The provision concerned will, as far as possible, be replaced by a valid provision closest to the original objective.

29. Governing law and dispute resolution

These Terms are governed by French law. In the event of difficulty, the User is invited to contact Homellya to seek an amicable solution.

Failing amicable resolution, the competent French courts may be seized, subject to mandatory applicable provisions, including those protecting consumers where applicable. Consumer Clients concerned by a paid offer may, where legal conditions are met, benefit from consumer mediation information specified in the Terms of Sale.

30. Contact

For any question relating to these Terms, the User may contact Homellya at: contact@homellya.com