Terms of Service

Terms of Service

BUYENJOY · PLATFORM LEGAL DOCUMENT

Terms of Service

BuyEnjoy Platform — Master User Agreement

These Terms of Service ("Terms") form a binding agreement between you ("User") and Atacama Technologies LLC d/b/a BuyEnjoy, a limited liability company organized under the laws of the State of Wyoming, United States ("BuyEnjoy", "we", "us"). BuyEnjoy operates through local entities in some of the countries it serves. Those entities provide in-country operations, marketing and data-protection functions under service agreements with BuyEnjoy; none of them is a party to a property transaction, and none of them receives, holds or directs transaction funds. By creating an account or using the platform at buyenjoy.io, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy incorporated herein by reference.

I. Definitions and Scope

"Platform" means the BuyEnjoy website, applications, and services that connect buyers worldwide with real-estate sellers and property listings in the countries where BuyEnjoy operates. BuyEnjoy does not list, market, or broker real property located in the United States. All listed property is situated in the countries the Platform expressly supports.

(a) "Seller" means a property owner or duly authorized representative who lists a property.

(b) "Buyer" means a User who searches, requests showings, or transacts for a property.

(c) "Professional" means an independent field agent, drone operator, notary, appraiser, or partner engaged through the Platform.

II. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into contracts. You agree to provide accurate information and to keep your credentials secure. Certain features require identity verification (KYC) and, where applicable, business verification (KYB), including resolution of ultimate beneficial owners and control persons for entity accounts. BuyEnjoy uses specialized third-party providers, including Argos, to perform verification and sanctions screening. Authentication may use email and password or a passwordless Magic Link. You are responsible for all activity under your account. Eligibility is determined by your verified country and, for U.S. Users, state of residence — not by nationality.

III. Nature of the Service — What BuyEnjoy Is and Is Not

BuyEnjoy is a technology platform. BuyEnjoy provides software, marketing, coordination, and the verification evidence on which licensed escrow holders rely. BuyEnjoy is not, and does not act as: (i) a United States real estate broker; (ii) a bank, money transmitter, or money services business; (iii) an investment adviser or securities issuer; (iv) an escrow agent or custodian of your funds; or (v) the employer of any independent Professional.

Funds movement is performed by licensed third parties. BuyEnjoy never receives, holds or directs the transaction funds: they are held by licensed escrow holders, as described in Section VI, in segregated accounts in the names of the parties, and every disbursement is made by bank transfer in U.S. dollars.

Local regulatory posture. Where the activity a BuyEnjoy local entity actually performs in a country brings it within that country’s anti-money-laundering supervisory regime, the entity registers with, or subjects itself to, that regime. Where the entity performs only technology, marketing and administrative functions and neither receives, holds nor directs funds of the parties, it is not an obligated subject under that regime and does not register. Which of the two applies in a given country is stated in the country-specific regulatory notice presented in-app for that country, and the anti-money-laundering duties of the transaction rest with the licensed financial institutions in the rail and with the licensed notary assigned to the transaction, under its own professional regime. Sanctions screening under the U.S. OFAC framework applies to every User and every transaction, without any minimum-amount threshold.

IV. Fees

Fees are disclosed in-app before you incur them, and the rates in force at the time of each quote govern that transaction. The principal fees are: the Seller’s technology and platform-access fee, a percentage of the final sale price negotiated for each transaction between five percent (5%), the base rate, and ten percent (10%), and disclosed in the quote for that transaction; the Buyer’s platform technology and access fee of one percent (1%) of the earnest deposit (not of the purchase price), computed on a deposit of no more than ten percent (10%) of the price; the property-showing deposit paid by the Buyer to the Platform, at the amount shown before booking; and the price of any catalog service, which BuyEnjoy sets and charges as principal under the Catalog Services and Merchant-of-Record Terms (document 27). No transaction is charged a rate other than the one disclosed in its own quote, and no rate change applies retroactively to a quote already issued.

The fees, in full. BuyEnjoy charges two closing fees: the Buyer’s platform technology and access fee described in the next paragraph; and the Seller’s technology and platform-access fee, a percentage of the sale price negotiated for each transaction between five percent (5%), the base rate, and ten percent (10%), which can never exceed ten percent (10%). Where an agent is engaged, BuyEnjoy pays its field agent, out of that fee and through its own payout runs, a service fee equal to sixty percent (60%) of it, as BuyEnjoy’s own payment to its independent contractor — not an amount the Buyer or the Seller owes the agent; in Ecuador the minimum rate where an agent is engaged is six percent (6%). The Seller’s fee accrues only against an inscribed title and is paid at the release on inscription. Separately, BuyEnjoy charges the property-showing deposit and the price of any catalog service the User orders, as principal, under document 27. Every other cost of a closing is charged by a third party and is not revenue of BuyEnjoy: the notary’s fee, set by the statutory tariff of the country and invoiced by the notary to the Buyer; the fees of the escrow holders; transfer tax, stamps and registry fees; and third-party bank-transfer and currency-conversion costs. All of them are quoted before any deposit in the Settlement Statement (document 32).

Funding and the Buyer’s fee. The Buyer funds the earnest deposit together with the Buyer's platform technology and access fee of one percent (1%) of the earnest deposit, computed on a deposit of no more than ten percent (10%) of the price, so that a larger deposit does not increase the fee. The fee is earned only when the transfer is inscribed in the Registry: the holder pays it to BuyEnjoy as its own line of Release 2, and it is refunded to the Buyer in full if the transaction is not inscribed, for any reason, including a withdrawal within eight (8) business days after the Settlement Statement is accepted and the deposit funded. It is the Buyer's only platform fee. The balance of the price — the price less the earnest deposit, with no surcharge — is funded before signing; the earnest deposit is applied to the price.

BuyEnjoy’s seller-side fee is a technology and access fee expressed as a percentage of the sale price. It is not compensation for real-estate brokerage services, which BuyEnjoy does not perform: all acts requiring a brokerage license occur in the property’s country and are carried out by locally authorized professionals. The rate is negotiated for each transaction within the range stated above and can never exceed ten percent (10%) of the final sale price. The Seller’s fee accrues against an inscribed title and is released only when the transfer has been recorded in the public Registry; the Buyer’s one percent (1%) accrues when the earnest deposit is constituted and is paid at Release 1, as set out in the Escrow Deposit Terms (document 06).

V. Buyer and Seller Obligations

Sellers warrant that they own the listed property or are duly authorized to offer it, that the listing information is accurate, and that there are no undisclosed liens or encumbrances. Buyers warrant that funds used are of lawful origin and agree to complete KYC/AML steps, including source-of-funds declarations where requested. Users agree not to circumvent the Platform to avoid fees with counterparties first introduced through BuyEnjoy.

Withdrawing and deleting a listing. You may withdraw your listing from the Platform at any time. If the listing never had a transaction, it is deleted in full. If it did, you choose between archiving it — it leaves the marketplace and search and stays in your account, and you may relist it — or deleting it from your account, in which case it ceases to be available to you permanently and BuyEnjoy retains only the transaction record, unpublished and with access restricted to its compliance personnel, for the period required by applicable anti-money-laundering rules — seven (7) years from the last movement on the transaction, or ten (10) years where the property is located in Ecuador — and on expiry deletes or anonymises it in accordance with Section VI of the Privacy Policy. Deleting a listing does not extinguish the obligations of a transaction in progress nor the counterparty’s rights over its own record.

VI. Escrow, Closing, and Disbursement

Custody in two tranches. BuyEnjoy never receives, holds or directs the transaction funds. At launch every transaction settles on the fiduciary rail in U.S. dollars. A Buyer resident in the United States funds a U.S. escrow holder that is licensed or exempt for that purpose, which makes a single transfer of the funds, on the Buyer's and the Seller's joint written instruction (Form A of the Disbursement Instruction, document 31, signed with the settlement statement as a standing instruction to transfer each amount on receipt), to the escrow account named in that instruction, held by the escrow holder in the property's country, whether in the United States or in that country; the U.S. holder makes no itemized payment. A Buyer resident in California funds instead an escrow holder licensed in California, which holds the whole escrow and runs the itemized waterfall itself under its own agreement. A Buyer resident outside the United States funds the holder in the property's country directly. The itemized waterfall, committed before funding, runs only at the holder in the property's country or, for a California resident, at the California holder. Each holder holds the funds of each transaction apart from its own funds, under a contract that keeps them outside the holder's estate in an insolvency; the funds are not assets of BuyEnjoy and are not available to its creditors.

Two releases. Release 1 (signing tranche), on evidence that the public deed has been executed, pays in order: the lien payoff, directly to the lender; the tax withholding required by law (in Costa Rica, the 2.5% withholding where the Seller is not domiciled there), to the notary's account dedicated to that purpose, for remittance to the tax authority; the closing-cost provision, to an account of the notary dedicated to that purpose; any withdrawal-fee set-off approved on a prior withdrawal of the same Seller, to BuyEnjoy; and the Seller's net proceeds. Release 2 (inscription tranche), on the registry certification that the transfer has been inscribed in the public Registry, which is sufficient on its own, pays the notary's professional fee, the Seller's platform fee and the Buyer's platform technology and access fee. If inscription is definitively refused, neither the Seller's platform fee nor the Buyer's technology fee is collected, the notary's fee follows the cause of the failure, and the rest of the inscription tranche is returned to the Buyer.

Evidence and no veto. The holder releases each tranche on evidence of the fact that tranche depends on, received through any one of three channels, each sufficient on its own: (a) BuyEnjoy's Verification Transmittal, which certifies the evidence on the Platform record and does not authorize payment; (b) the certification of the assigned notary delivered directly to the holder, signed with the notary's certified digital signature under Costa Rica Law 8454; or (c) the joint written instruction of the Buyer and the Seller. The release is the holder's act under its own escrow agreement. The holder may release over BuyEnjoy's objection, need not wait for a Verification Transmittal, and BuyEnjoy holds no veto and no power to prevent, delay or condition any release; BuyEnjoy's verification is one way of meeting a condition of release, never the only one; a channel only carries the evidence a release depends on and never replaces it.

Buyer self-recovery. If a release has not occurred by the deadline disclosed for it in the settlement statement, the holder returns the funds that remain unreleased to the Buyer on the Buyer's sole written demand, made in any signed writing delivered to the holder directly or through the request the Platform generates, without any instruction or cooperation from BuyEnjoy or the Seller, and even while a dispute is open. Once a recorded cancellation event (Fiduciary Escrow Rail Terms, document 29, Section VI) has been delivered to the holder, the earnest deposit follows the cancellation waterfall committed before funding and is not subject to self-recovery; where none has been delivered and the deadline has passed, the Buyer may recover it. Self-recovery is a safeguard against a stalled transaction, not a right of withdrawal, and does not by itself settle amounts owed to a party who has already performed.

On-chain rail. An on-chain rail has been built but is switched off; no transaction settles on it while it remains off, and it is never used for Texas residents or for property in Costa Rica. The Escrow Deposit Terms (document 06), the Fiduciary Escrow Rail Terms (document 29) and the Attestation Terms (document 30) govern in detail.

VII. Referrals and Anti-Pyramid Policy

Community referral rewards are paid solely for genuine, completed transactions. Within the Community Referral Program, no reward is paid for recruiting another participant, for building a downline, or in any amount measured by another participant’s production. The program is a single-level referral reward, not a multi-level marketing scheme.

VIII. Intellectual Property

The Platform, its software, trademarks, and content are owned by BuyEnjoy. You receive a limited, revocable, non-transferable license to use the Platform for its intended purpose. Content you submit — property descriptions, photographs, video and documents — remains yours. By submitting it you grant BuyEnjoy a non-exclusive, worldwide, royalty-free, sublicensable licence to host, display, distribute and promote that content through the Platform and its marketing channels, including social media. That licence runs for the term of your listing and, as to material already published while the listing was active, survives its removal, so that case studies, editorial and archived campaigns need not be withdrawn. You may at any time ask us not to feature your content in new campaigns, and we will honour that request. This licence covers the property and its images only. The image or likeness of an identifiable person is personal data, not listing content: its use requires a separate, specific consent, which you may withdraw at any time, and withdrawal does not affect your listing or your account.

IX. Disclaimers and Limitation of Liability

The Platform is provided "as is." BuyEnjoy does not guarantee the condition, title, or value of any property, which Buyers must independently verify during due diligence. To the maximum extent permitted by law, BuyEnjoy’s aggregate liability is limited as set out in the in-app disclosures, and BuyEnjoy is not liable for indirect or consequential damages.

Claims and the limit of liability. Any claim arising out of these Terms must be brought within twelve (12) months of the date the claiming party knew or should have known of the facts giving rise to it. BuyEnjoy's aggregate liability under these Terms is limited to the total fees BuyEnjoy actually received from the User in the twelve (12) months preceding the claim, save for fraud, wilful misconduct and liabilities that cannot lawfully be limited. Neither party may commence proceedings without first raising the matter in writing and allowing thirty (30) days for escalation and good-faith resolution.

X. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, USA, without prejudice to mandatory consumer-protection rules of the User’s country of residence. Disputes shall be resolved by binding arbitration under the Rules of the International Chamber of Commerce (ICC), seat in Miami, Florida, conducted in English or Spanish; expedited rules apply to disputes under US$3,000,000. If you are a consumer resident in Costa Rica, Ecuador, or another country whose law recognizes that status, you keep the right to bring a claim before the consumer-protection authority and the courts of your domicile, at your election; nothing in this clause limits that right or the mandatory rules that protect it. The fees and compensation of Country Managers, Ambassadors, and other collaborators are governed by their respective agreements, not by the Community Referral Program.

XI. Geographic Restrictions and Buyer Eligibility

BuyEnjoy accepts account registration from anywhere in the world, subject to the exclusions below; the ability to purchase is further limited as set out in this Section. The exclusions are keyed to each User’s verified country of residence and applied at registration and again before any transaction.

Refused jurisdictions. The Platform is not available to persons who are residents of, located in, or beneficially owned from: (i) any jurisdiction subject to comprehensive U.S. (OFAC) sanctions — currently Cuba, Iran, North Korea, and the Crimea, Donetsk, and Luhansk regions of Ukraine; (ii) any jurisdiction on the FATF call-for-action list — currently Iran, North Korea, and Myanmar; and (iii) Russia, Belarus and Syria, which BuyEnjoy refuses as a matter of its own risk policy. These lists are wired to the live OFAC and FATF publications and update automatically as those bodies act; the enumeration above is illustrative as of the Effective Date. Any person on the OFAC SDN or consolidated lists, or any entity owned 50% or more by blocked persons, is refused regardless of location.

Enhanced due diligence. Residents of jurisdictions on the FATF increased-monitoring ("grey") list, and other higher-risk profiles, may register but are subject to enhanced due diligence — additional source-of-funds and source-of-wealth documentation, senior compliance approval, and manual review, completed before the Settlement Statement for the transaction is committed; BuyEnjoy has no power to authorize or withhold any release of funds held by the escrow holder. This is BuyEnjoy’s own risk-based policy, applied proportionately and without indiscriminate de-risking.

U.S. residents and closed jurisdictions — availability at launch. A U.S. state opens to purchases only when the licence or exemption, for that state, of the U.S. escrow holder that receives its residents' funds is in BuyEnjoy's compliance file; until then, residents of that state may hold an account and browse, and their purchases are placed on the waiting list. The states that may open on that basis are Texas, Illinois, Virginia, Colorado, Florida, New York, California, Louisiana and Pennsylvania, all on the fiduciary rail; Texas residents always purchase with enhanced review. Residents of all other states are placed on the waiting list. Purchases are not available at launch to residents of Canada, the United Kingdom, the United Arab Emirates or any European Union or European Economic Area country, or of any country refused under the International Buyer & Jurisdiction Policy (document 25). Eligibility is determined by identity-verified residence at the moment the transaction is created, never by IP address or self-declaration; a resident of a blocked or waitlisted state may hold an account and browse.

Development inventory. Development inventory (lots and condominium units offered by a developer) is sold only on an earnest deposit and payment of the balance at closing; no instalment plan is offered. Whether a project is offered to residents of a given state is decided project by project, and a project not cleared for the Buyer's state is not shown to that Buyer as purchasable; a project not cleared for Virginia or New York is also hidden from residents of those states and left out of marketing directed to them, and public project pages carry the New York safe-harbour disclaimer.

BuyEnjoy reserves the right to suspend or terminate accounts, and to decline to open or continue a transaction on the Platform, where required by applicable law, sanctions or regulatory guidance; funds already held are dealt with by the escrow holder under its escrow agreement.

XII. Changes, Termination, and Contact

BuyEnjoy may update these Terms; material changes prompt re-acceptance on next login. You may close your account at any time, subject to completion of any pending transaction. Contact: support@buyenjoy.io.

ACCEPTANCE

Atacama Technologies LLC d/b/a BuyEnjoy, by its authorized officer

User / Account Holder (in-app consent record)