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 and Bridge, 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 non-custodial escrow facilitation. 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. On-ramp, conversion, custody during transit, and off-ramp of value are performed by Bridge (a FinCEN-registered money services business) and partner banking rails. Banks in the property’s country always receive U.S.-dollar fiat by wire, never cryptocurrency.

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 independent notary 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 agreed per transaction within BuyEnjoy’s published range 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); 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 fees and only two: a Buyer platform technology and access fee of one percent (1%) of the earnest deposit, charged when the deposit is constituted and not refundable; and a Seller technology and platform-access fee, a percentage of the sale price at the rate agreed for that transaction, within the published range and never above ten percent (10%), released only against an inscribed title. 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 escrow agent's fee where the transaction settles on the fiduciary rail; transfer tax, stamps and registry fees; and any catalog service the User orders. All of them are quoted before any deposit in the Settlement Statement (document 32).

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 escrow smart contract enforces an absolute on-chain ceiling of ten percent (10%) on the platform-fee line of any transaction; the operational rate is always at or below that ceiling and can never exceed it. Both the Seller’s fee and the Buyer’s one percent (1%) accrue against an inscribed title and are released only when the transfer has been recorded in the public Registry, 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 that transaction — 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

A transaction settles on one of two rails, assigned when it is created from the Buyer's identity-verified residence and immutable thereafter. On the fiduciary rail a licensed escrow agent holds U.S. dollars in a segregated fiduciary account in the parties' names and disburses every line by bank transfer; no cryptoasset is involved. On the on-chain rail, where BuyEnjoy has enabled it, eligible payments are converted to USDC through Bridge and held in a smart-contract escrow on the Base network. On either rail the transaction runs on three holdings with waterfalls committed before funding, releases are gated by the independent notary's attestations, and BuyEnjoy holds no veto over the funds. 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 Users from anywhere in the world, subject to the exclusions below, which 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; (ii) any jurisdiction on the FATF call-for-action list — currently Iran, North Korea, and Myanmar; and (iii) Russia and Belarus, 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 before escrow release. This is BuyEnjoy’s own risk-based policy, applied proportionately and without indiscriminate de-risking.

U.S. residents — state restrictions. Residents of Florida, New York, California, Louisiana and Pennsylvania may purchase only through a licensed escrow agent holding U.S. dollars; the on-chain route is refused to them and no cryptoasset surface is shown for their transactions. Where BuyEnjoy does not yet hold a verified authorisation from a licensed escrow agent for the User's state, the transaction is placed on a waiting list. Texas residents may transact subject to enhanced review. State eligibility is determined by identity-verified residence, never by IP address or self-declaration.

BuyEnjoy reserves the right to suspend or terminate accounts, and to block or reverse transactions, where required by applicable law, sanctions, or regulatory guidance.

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: legal@buyenjoy.io.

ACCEPTANCE

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

User / Account Holder (in-app consent record)