JPTOMS REAL ESTATE LLC
Platform Terms & Conditions — Version 2.1
Dubai, United Arab Emirates
Effective upon first access or registration — supersedes all prior versions
⚠ IMPORTANT — READ CAREFULLY BEFORE ACCESSING THE PLATFORM: By accessing, registering on, or using the JPTOMS Platform in any capacity, you unconditionally agree to be bound by these Terms & Conditions in their entirety, including all articles, annexes, and policies incorporated by reference. If you do not agree, you must immediately cease using the Platform. These Terms may be amended at any time without prior notice and continued use constitutes acceptance of the amended Terms.
Issued by: The JPTOMS Group — comprising JPTOMS REAL ESTATE L.L.C. (Commercial License No. 1451673, Dubai, UAE) and its affiliated and associated entities operating in other jurisdictions (collectively, the "Company"). The specific contracting entity may vary depending on the nature of the service, the User's jurisdiction, and the applicable transaction, as further described in Article 1.
Article 1 — Definitions
1.1 "Company," "JPTOMS," "we," "us," or "our" refers collectively to JPTOMS REAL ESTATE L.L.C., a duly licensed real estate brokerage in Dubai, UAE (Commercial License No. 1451673), and its affiliated and associated entities operating in other jurisdictions, including but not limited to entities incorporated or registered in Latin America (collectively, the "JPTOMS Group"). The specific JPTOMS Group entity that acts as the contracting party in respect of any given service — including but not limited to platform subscriptions, payment processing, broker agreements, or commission arrangements — is determined by the nature of the service and the jurisdiction in which it is provided, and shall be identified in the applicable agreement, invoice, or transaction documentation. All JPTOMS Group entities operate under these Terms. References to "JPTOMS" in these Terms bind and benefit all JPTOMS Group entities unless expressly stated otherwise.
1.2 "Platform" refers to the proprietary digital broker management system, investment calculator, messaging module, subscription benefits portal, broker dashboard, project listings, and any related features, services, or integrations operated by JPTOMS, accessible via web or mobile application, including any Beta Features.
1.3 "User," "you," or "your" refers to any individual or entity who accesses, registers on, or uses the Platform in any capacity, including Brokers, Clients, Subscribers, and Relationship Managers.
1.4 "Broker" refers to a User who has been registered or accepted under a Real Estate Collaboration Agreement with a JPTOMS Group entity.
1.5 "Client" refers to a User seeking to purchase, sell, lease, or inquire about real estate through the Platform.
1.6 "Subscriber" refers to any User who has subscribed to premium features, benefits, or services offered through the Platform.
1.7 "Relationship Manager" or "RM" refers to any User designated by JPTOMS or a Developer to manage project listings, documentation, and compliance submissions on the Platform. RMs are not employees or agents of JPTOMS and do not receive commissions from JPTOMS. Their obligations under these Terms are limited to those expressly stated herein, including the project compliance obligations under Article 5-B.
1.8 "Platform Data" refers to any property listings, pricing data, unit availability, investment projections, commission rates, developer information, floor plans, yield estimates, handover timelines, payment plans, escrow account details, or other information displayed or generated by the Platform. All Platform Data is provided for informational and preliminary reference purposes only and does not constitute a binding offer or legal representation.
1.9 "Transaction" refers to any completed real estate sale, purchase, lease, or other property transaction processed through the Platform.
1.10 "Terms" refers to these Platform Terms & Conditions v2.1, including all annexes, schedules, incorporated policies, and any future amendments thereto.
1.11 "AML/CFT" has the meaning ascribed by UAE Federal Decree-Law No. 20 of 2018 on Anti-Money Laundering and Combatting the Financing of Terrorism and all associated Cabinet Resolutions and regulatory guidance.
1.12 "Authorized JPTOMS Representative" means a director, manager, or senior agent of any JPTOMS Group entity who provides written confirmation via an official JPTOMS email domain or Platform communication channel. Confirmations received via personal phone numbers, personal email accounts, unofficial messaging applications, or from individuals without express authority to bind JPTOMS do not qualify, regardless of their employment or engagement status.
1.13 "User Generated Content" or "UGC" refers to any content, data, images, descriptions, documents, or other material uploaded, submitted, or published by a User through the Platform.
1.14 "Beta Features" refers to any Platform feature, tool, or module made available in a testing, preview, or beta state, whether or not expressly labelled as such.
1.15 "Developer" refers to any real estate developer whose projects are listed or promoted through the Platform, whether directly or through an intermediary.
1.16 "Escrow Account Field" refers to the mandatory data field within the Platform's project submission form requiring the entry of the Developer's registered escrow account details, which serves as confirmation that the project holds the required DLD approvals and compliance registrations under applicable UAE law.
1.17 "Confidential Information" includes client data, commission structures, transaction records, proprietary algorithms, pricing models, and any proprietary business information of either party.
Article 2 — Acceptance of Terms
2.1 By accessing the Platform, clicking any "I Accept," "Agree," or equivalent button or checkbox, completing registration, or using any feature of the Platform, the User conclusively agrees to be bound by these Terms in their entirety. This constitutes a legally binding agreement between the User and the applicable JPTOMS Group entity under UAE Federal Law No. 1 of 2006 on Electronic Commerce and Transactions.
2.2 If the User is accessing the Platform on behalf of a legal entity, they represent and warrant that they have full authority to bind that entity to these Terms. The entity and the individual shall be jointly and severally bound.
2.3 Users who do not accept these Terms in full must immediately cease use of the Platform and may not access any feature, content, or service.
2.4 Continued use of the Platform after any modification to these Terms constitutes unconditional acceptance of the amended Terms. It is the User's sole responsibility to regularly review the Terms for updates.
2.5 These Terms shall be read in conjunction with the JPTOMS Privacy Policy and, where applicable, the Real Estate Collaboration Agreement. In the event of conflict, the Real Estate Collaboration Agreement governs brokerage-specific matters; these Terms govern all Platform-related matters.
Article 3 — Amendments to Terms — No Prior Notice Required
⚠ CRITICAL NOTICE: JPTOMS reserves the absolute right to amend, modify, replace, or withdraw any part of these Terms at any time, with or without prior notice to Users. Amendments take effect immediately upon publication on the Platform. Continued access or use of the Platform after any amendment constitutes unconditional acceptance. JPTOMS bears no obligation to notify Users individually of any changes.
3.1 JPTOMS may at any time, at its sole and absolute discretion, without prior notice or liability to any User: (a) amend, supplement, or replace any provision of these Terms; (b) introduce new terms applicable to specific User categories or services; (c) withdraw, suspend, or discontinue any feature, service, or section of the Platform; or (d) change pricing, subscription fees, or benefit tiers applicable to future engagements.
3.2 Commission rate amendments affecting Brokers with already-registered active Leads shall be governed by the notice provisions in the applicable Real Estate Collaboration Agreement. Where no Collaboration Agreement is in place, commission rate changes take effect immediately upon Platform publication.
3.3 No modification to these Terms shall give rise to any claim, liability, or entitlement on the part of any User, including but not limited to claims for damages, lost commissions, expectation of services, or prior representations.
3.4 The applicable version of these Terms at any given time is the version published on the Platform. JPTOMS does not maintain archives of prior versions for User access.
3.5 If any modification is found invalid or unenforceable under applicable law, that finding shall not affect the validity or enforceability of the remaining Terms as amended.
Article 4 — Platform Data — Accuracy, Changes & Human Verification Requirement
⚠ ALL PLATFORM DATA IS PROVIDED FOR INFORMATIONAL AND PRELIMINARY REFERENCE PURPOSES ONLY. NO INFORMATION ON THE PLATFORM CONSTITUTES A BINDING OFFER, COMMITMENT, GUARANTEE, OR LEGAL REPRESENTATION OF ANY KIND. USERS MUST OBTAIN WRITTEN CONFIRMATION FROM AN AUTHORIZED JPTOMS REPRESENTATIVE BEFORE RELYING ON ANY DATA.
4.1 All Platform Data — including but not limited to property prices, unit availability, payment plans, investment return projections, rental yield estimates, commission rates, developer terms, floor plans, handover dates, service charge estimates, escrow details, and project specifications — is subject to change at any time without prior notice, for any reason, including but not limited to developer updates, market conditions, DLD or RERA regulatory changes, developer insolvency, or administrative corrections.
4.2 JPTOMS makes no representation or warranty, express or implied, as to the accuracy, completeness, timeliness, reliability, or fitness for any particular purpose of any Platform Data. All Platform Data is made available on an "as-is" basis.
4.3 HUMAN VERIFICATION IS MANDATORY: No action, decision, commitment, investment, payment, or legal obligation shall be made or incurred based solely on Platform Data. All material facts — including but not limited to property prices, unit availability, developer incentives, payment plan terms, and commission amounts — must be independently verified and confirmed in writing by an Authorized JPTOMS Representative before the User acts upon such information. Any confirmation purportedly given outside these channels does not bind JPTOMS.
4.4 JPTOMS shall bear no liability whatsoever for any loss, damage, cost, or consequence arising from: (a) a User's reliance on Platform Data without obtaining prior written human confirmation from an Authorized JPTOMS Representative; (b) changes to Platform Data occurring between confirmation and execution; (c) Developer insolvency, project cancellation, or failure to deliver; or (d) inaccuracies in information provided by Developers, RMs, or third parties and reflected on the Platform.
4.5 Investment calculators and financial projection tools available on the Platform are provided as general informational aids only. They do not constitute financial advice, investment recommendations, or regulated financial services. Actual returns may differ materially. Users should seek independent financial, legal, and tax advice before making any investment decision. JPTOMS is not a financial institution or investment advisor.
4.6 JPTOMS reserves the right to correct, remove, or update any inaccurate Platform Data at any time without notice or liability. The existence of an error does not create any obligation on the part of JPTOMS to honour terms based on such erroneous data.
4.7 Off-plan property information displayed on the Platform is subject to UAE Law No. 13 of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai. Users acknowledge that off-plan properties may not yet be registered in the Interim Real Property Register at the time of viewing. JPTOMS accepts no liability for the regulatory status of any off-plan project listed and makes no representation that any project displayed has completed DLD registration, Oqood registration, or any other mandatory regulatory filing. Verification of a project's regulatory status is the sole responsibility of the User prior to any commitment.
4.8 Where the Platform displays information regarding secondary market transactions, the User acknowledges that NOC requirements, DLD transfer approvals, and other regulatory prerequisites apply and are the sole responsibility of the parties to that transaction. Display of any secondary market property on the Platform does not imply that such requirements have been met.
Article 5 — User Accounts & Access
5.1 Users must register an account to access certain features of the Platform. All information provided during registration must be accurate, complete, current, and kept up to date. JPTOMS reserves the right to reject, suspend, or terminate any account at its sole discretion without liability.
5.2 Each User is solely responsible for maintaining the confidentiality of their login credentials and for all activity performed through their account. Any activity performed through a User's account is deemed to have been performed by that User. Users must notify JPTOMS immediately of any unauthorized access or security breach.
5.3 JPTOMS may impose different access levels, permissions, and features for different User categories. Access rights are non-transferable and may be modified or revoked at any time without notice.
5.4 Users must be at least eighteen (18) years of age. By registering, the User confirms they meet this requirement. JPTOMS reserves the right to request age verification and to suspend accounts where this cannot be confirmed.
5.5 JPTOMS reserves the right to deactivate, suspend, or permanently delete any User account found to be in breach of these Terms, applicable law, or JPTOMS's internal policies, with or without prior notice and without liability.
5.6 JPTOMS reserves the right to audit any User's activity on the Platform at any time, including reviewing Leads registered, Transactions submitted, messages sent, and documentation uploaded. Users expressly consent to such audits as a condition of Platform access.
5.7 Users represent and warrant that their use of the Platform does not violate any applicable law, regulation, or obligation to any third party.
Article 5-A — User Generated Content
5-A.1 By uploading, submitting, or publishing any UGC on the Platform, the User grants JPTOMS a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable licence to use, reproduce, display, distribute, and process such UGC for the purposes of operating and improving the Platform.
5-A.2 The User represents and warrants that: (a) they own or have all necessary rights to the UGC submitted; (b) the UGC does not infringe any third-party intellectual property, privacy, or other rights; (c) the UGC is accurate to the best of the User's knowledge; and (d) the UGC does not contain false, misleading, defamatory, or unlawful content.
5-A.3 JPTOMS assumes no responsibility for the accuracy, legality, or completeness of any UGC. The User bears full and sole liability for all consequences arising from their UGC.
5-A.4 JPTOMS reserves the right to remove any UGC at any time without notice, for any reason, including where it determines the content violates these Terms, applicable law, or RERA advertising regulations. Such removal shall not give rise to any liability or compensation claim.
5-A.5 Brokers who upload property listings or marketing materials warrant compliance with all applicable RERA advertising regulations, including requirements for ORN, BRN, and permit numbers where applicable.
Article 5-B — Relationship Manager Obligations — Project Compliance & DLD Documentation
5-B.1 Relationship Managers are responsible for the accurate and complete submission of all project information to the Platform. By submitting a project listing, the RM certifies that the information provided is accurate, current, and compliant with applicable UAE real estate regulations at the time of submission.
5-B.2 DLD Compliance Gate — Mandatory Escrow Account Field: No project submission shall be considered complete, and no project shall be activated or made visible on the Platform, unless the Escrow Account Field has been fully completed in the project submission form. Completion of the Escrow Account Field by the RM constitutes that RM's certification that, to the best of their knowledge and based on documentation available to them, the project holds the required DLD approvals and regulatory registrations applicable under UAE Law No. 13 of 2008 and any successor regulation at the time of submission.
5-B.3 By completing and submitting the Escrow Account Field, the RM expressly acknowledges that: (a) they have reviewed the project's compliance documentation; (b) they are not submitting the escrow account details of a project that lacks the required DLD or RERA approvals; and (c) they accept sole and full responsibility for any misrepresentation or error in the compliance certification they provide through this submission.
5-B.4 JPTOMS does not independently verify the regulatory status of every project submitted to the Platform. The compliance certification process established in this Article is a Platform governance requirement. It does not constitute JPTOMS's endorsement, approval, or verification of any project's legal or regulatory standing. Users relying on project information must independently verify DLD registration status directly with the Dubai Land Department.
5-B.5 JPTOMS reserves the right to deactivate, remove, or suspend any project listing at any time if it determines or receives credible notice that the project's compliance documentation is invalid, outdated, or misrepresented, without liability to the RM, Developer, or any other party.
5-B.6 RMs acknowledge that they are not employees, agents, or representatives of JPTOMS and that JPTOMS bears no liability for the conduct, representations, or omissions of RMs in connection with project submissions. JPTOMS shall have full recourse against the RM for any loss, regulatory fine, or third-party claim arising from a false or negligent compliance certification under this Article.
Article 6 — Payment Processing & Financial Transactions
6.1 Certain features of the Platform may require payment of subscription fees, processing fees, or other charges. The specific JPTOMS Group entity processing a payment may vary depending on the User's jurisdiction and the nature of the service. The applicable contracting entity will be identified on the invoice or payment confirmation. All fees are as displayed on the Platform at the time of purchase and are subject to change without prior notice.
6.2 All payments made through the Platform are processed through third-party payment processors. JPTOMS is not responsible for the terms, security, or performance of such processors. By making a payment, the User also agrees to the terms of the applicable payment processor. No JPTOMS Group entity is a licensed payment institution under CBUAE regulations or equivalent regulations in any other jurisdiction, and JPTOMS does not provide payment services as a regulated activity.
6.3 All fees paid are non-refundable unless expressly stated otherwise in writing by an Authorized JPTOMS Representative. Subscription fees are charged in advance and are not prorated upon cancellation, suspension, or termination for any reason.
6.4 JPTOMS reserves the right to withhold, delay, or offset any payments owed to a User where there is reasonable suspicion of fraud, AML/CFT non-compliance, breach of these Terms, a pending dispute, or any enforcement action under Article 8-A.
6.5 Commission payments to Brokers are governed exclusively by the applicable Real Estate Collaboration Agreement and commission annex in force between the Broker and the relevant JPTOMS Group entity. Platform Data reflecting commission rates is indicative only and does not create a binding entitlement.
6.6 JPTOMS is not liable for any loss arising from payment failures, processing errors, currency fluctuations, bank charges, or delays attributable to third-party institutions. Users transacting in currencies other than the invoiced currency assume full currency risk.
6.7 Chargeback Policy: Any User who initiates a chargeback or payment reversal through their bank or card issuer without first attempting resolution through JPTOMS's official dispute process shall be in material breach of these Terms. JPTOMS reserves the right to immediately suspend the User's account, pursue recovery of the disputed amount plus associated fees and penalties, and report the conduct to relevant authorities if fraud is suspected.
6.8 If a User's account is suspended or terminated for cause under Article 8-A or Article 17, subscription fees already paid are forfeited in full with no entitlement to refund, credit, or compensation.
Article 7 — Broker-Specific Obligations
7.1 Brokers are additionally bound by the terms of their applicable Real Estate Collaboration Agreement with the relevant JPTOMS Group entity. In the event of conflict, the Collaboration Agreement governs brokerage-specific matters; these Terms govern all Platform-specific matters.
7.2 Brokers must maintain active GoAML registration and full AML/CFT compliance at all times. Failure constitutes grounds for immediate account suspension and forfeiture of all pending commissions.
7.3 Brokers shall register all Leads and Transactions exclusively through the Platform. No commission entitlement arises from activity conducted outside the Platform.
7.4 Brokers must not introduce, onboard, or register any Client who has not been subject to Customer Due Diligence as required by applicable AML/CFT regulations.
7.5 Brokers warrant that all property listings, marketing materials, and Client-facing communications conducted through the Platform comply with all applicable RERA advertising regulations, including DLD Circular No. 5 of 2013. JPTOMS accepts no liability for regulatory sanctions imposed on Brokers for non-compliant advertising.
7.6 For lease transactions, Brokers are solely responsible for ensuring compliance with Ejari registration requirements under Law No. 26 of 2007. The Platform's facilitation of a lease transaction does not constitute Ejari registration or guarantee regulatory compliance.
Article 8 — Prohibited Uses
Users shall not use the Platform to:
- engage in any activity that is unlawful, fraudulent, deceptive, defamatory, or in violation of applicable law or regulation;
- upload, transmit, or distribute false, misleading, or unauthorized information about any property, transaction, or party;
- publish property listings or marketing materials that violate RERA advertising regulations or that do not contain required regulatory identifiers;
- attempt to reverse-engineer, scrape, copy, reproduce, or exploit any portion of the Platform or its intellectual property without express written consent;
- circumvent, disable, or interfere with security features, authentication mechanisms, or access controls;
- use the Platform for the purposes of money laundering, terrorist financing, sanctions evasion, or any other illicit financial activity;
- introduce viruses, malicious code, ransomware, or any technology that may disrupt, damage, or compromise the Platform or other Users;
- create false or multiple accounts, impersonate another person or entity, or misrepresent professional credentials;
- use the Platform's messaging or communication features for unsolicited commercial communications, spam, or mass solicitation outside the Platform's intended use;
- share login credentials, sell account access, or grant unauthorized access to any third party;
- submit fraudulent, fabricated, or unverified Client or project documentation;
- complete the Escrow Account Field or any compliance certification field with inaccurate, outdated, or fabricated information;
- use the Platform to source or approach Clients outside the Platform for the purpose of circumventing commission obligations to JPTOMS.
8.1 JPTOMS reserves the right to immediately suspend or permanently ban any User account found to have engaged in any prohibited use, and to report such conduct to relevant regulatory or law enforcement authorities, without notice or liability.
Article 8-A — User Conduct Enforcement — Suspension, Ban & Permanent Ban System
⚠ NOTICE: JPTOMS operates a three-tier enforcement system. Violations of these Terms, JPTOMS's Community Standards, or any conduct deemed harmful to the Platform, its Users, or its reputation may result in immediate suspension, temporary ban, or permanent ban, at JPTOMS's sole and absolute discretion and without prior notice, justification, or liability.
8-A.1 JPTOMS maintains the right to enforce Platform conduct through the following graduated — or immediate, depending on severity — enforcement actions:
- (a) Suspension: Temporary restriction of access to part or all of the Platform, pending review or as a disciplinary measure. Duration determined solely by JPTOMS.
- (b) Temporary Ban: Full removal of Platform access for a defined or indefinite period. All active benefits, subscriptions, pending commissions, and registered Leads are frozen for the duration.
- (c) Permanent Ban (Permaban): Irrevocable and indefinite termination of the User's access to the Platform, across all accounts, devices, and identities. A permanently banned User may not re-register, create new accounts, or access the Platform under any alias, entity, or third-party arrangement. JPTOMS reserves the right to refuse service permanently without providing reasons.
8-A.2 Enforcement actions may be triggered by, but are not limited to, any of the following: (a) breach of any provision of these Terms or JPTOMS's Community Standards and policies as published on the Platform; (b) conduct — whether on or off the Platform — that JPTOMS determines, in its sole reasonable discretion, is harmful, abusive, defamatory, fraudulent, or damaging to the reputation, operations, or Users of JPTOMS; (c) repeated minor violations that individually may not warrant a ban but collectively demonstrate a pattern of non-compliance; (d) a verified report or complaint submitted by other Platform Users indicating conduct that violates JPTOMS's Community Standards, where such report is reviewed and upheld by JPTOMS; (e) a determination by JPTOMS, at its sole discretion, that a User's continued presence on the Platform is contrary to the interests of the community or the Platform's integrity; or (f) any AML/CFT, legal, or regulatory concern arising in connection with the User's activities.
8-A.3 Community Reporting & Consensus Mechanism: JPTOMS may, at its discretion, consider reports submitted by other verified Platform Users as grounds for enforcement review. Where a significant and consistent pattern of community reports is received against a User, JPTOMS may treat this as an aggravating factor in its enforcement determination. This does not create any obligation on JPTOMS to act on any specific report, nor does it transfer enforcement authority to Users. All final enforcement decisions rest exclusively with JPTOMS.
8-A.4 No Obligation to Warn: JPTOMS is under no obligation to issue warnings before applying any enforcement action. A Permanent Ban may be imposed as a first and final measure without prior notice.
8-A.5 Effect of Enforcement Action on Financial Entitlements: Upon any enforcement action: (a) all active subscription fees paid are forfeited and non-refundable; (b) any pending commissions or payments may be withheld pending investigation and, in cases of Permanent Ban for cause, shall be permanently forfeited; (c) all registered Leads and Transactions revert to JPTOMS; and (d) all accumulated loyalty points and benefits are immediately cancelled.
8-A.6 Appeals: JPTOMS may, at its sole discretion, offer an appeals process for Suspension or Temporary Ban decisions. Appeals must be submitted in writing within seven (7) calendar days of the enforcement action. JPTOMS's decision on appeal is final. No appeal is available for Permanent Bans issued on grounds of fraud, AML/CFT violations, or conduct deemed injurious to the Platform community.
8-A.7 Circumvention Prohibited: Any attempt by a banned User to circumvent an enforcement action — including by registering new accounts, using proxies, acting through third parties, or accessing the Platform under another User's credentials — constitutes a further material breach of these Terms and may result in civil and criminal legal action.
8-A.8 JPTOMS shall not be liable for any loss, damage, reputational harm, or financial consequence suffered by a User as a result of any enforcement action taken in good faith under this Article.
Article 9 — Beta Features
9.1 JPTOMS may make Beta Features available to Users, whether or not explicitly labelled as such. Beta Features are provided for evaluation purposes only and may be incomplete, unstable, subject to change, or withdrawn at any time without notice.
9.2 Beta Features are provided "as-is" with no warranty of any kind. JPTOMS expressly disclaims all liability for any loss, damage, data corruption, or business impact arising from a User's reliance on Beta Features.
9.3 User feedback provided in connection with Beta Features may be used by JPTOMS to improve the Platform without any obligation of compensation or attribution.
Article 10 — Limitation of Liability & Disclaimer of Warranties
⚠ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JPTOMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND — EXPRESS, IMPLIED, OR STATUTORY — INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
10.1 JPTOMS shall not be liable under any legal theory — whether contract, tort, negligence, strict liability, or otherwise — for any of the following, even if JPTOMS was advised of their possibility: (a) loss of revenue, profits, anticipated savings, or business opportunity; (b) loss of data, Leads, or Transactions; (c) indirect, incidental, special, consequential, exemplary, or punitive damages; (d) any loss arising from reliance on Platform Data without written confirmation from an Authorized JPTOMS Representative; (e) loss arising from third-party payment processing failures; (f) loss arising from unauthorized account access resulting from the User's failure to secure their credentials; (g) any interruption, suspension, or termination of the Platform; (h) Developer insolvency, project cancellation, or delay; (i) false or negligent compliance certifications submitted by RMs; or (j) regulatory changes affecting any property or transaction.
10.2 JPTOMS's total aggregate liability to any User for any and all claims arising under or in connection with these Terms or the Platform shall not exceed the lesser of: (a) the total amounts paid by that User to JPTOMS in the three (3) months immediately preceding the event giving rise to the claim; or (b) AED 10,000 (ten thousand UAE Dirhams). This cap applies to the aggregate of all claims.
10.3 Nothing in these Terms excludes or limits liability that cannot be excluded by applicable mandatory UAE law. Subject to that, every other warranty, representation, or term that would otherwise be implied by law is hereby expressly excluded.
10.4 Users expressly acknowledge and accept the inherent limitations of digital platforms, including the potential for data inaccuracies, system downtime, delays, and errors, and voluntarily assume all associated risks.
10.5 JPTOMS does not guarantee, warrant, or represent the financial standing, regulatory compliance, delivery capacity, or business continuity of any Developer whose projects appear on the Platform.
Article 11 — Waiver of Certain Claims & Class Action Prohibition
11.1 By using the Platform, each User unconditionally waives any right to initiate or participate in any class action, collective action, representative proceeding, or consolidated claim against JPTOMS or any JPTOMS Group entity, whether before a court, arbitration body, or other forum.
11.2 All claims must be brought individually. Any purported class or collective proceeding shall be declared void and of no effect.
11.3 Users waive any right to claim damages for: (a) changes to the Platform, its features, or pricing; (b) amendments to these Terms; (c) suspension or termination of their account for any reason; (d) changes to Platform Data; or (e) withdrawal of any benefit, program, or feature — to the extent permitted by applicable UAE law.
11.4 Any claim or cause of action must be filed within one (1) year from the date it arose, after which it shall be permanently barred, to the maximum extent permitted by applicable law.
11.5 Users acknowledge that the limitations and waivers in this Article reflect a reasonable allocation of risk and are a fundamental condition of JPTOMS making the Platform available.
Article 12 — Intellectual Property
12.1 All content, materials, branding, logos, software, design elements, calculators, databases, algorithms, and other intellectual property on the Platform are the exclusive property of JPTOMS or its licensors.
12.2 Users are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purposes. No other rights are granted.
12.3 Users must not copy, reproduce, distribute, publish, display, modify, create derivative works from, or commercially exploit any part of the Platform or its content without prior written consent from JPTOMS.
12.4 Any feedback, suggestions, or recommendations submitted by Users become the exclusive property of JPTOMS without any obligation of compensation or attribution.
12.5 JPTOMS respects third-party intellectual property rights. Users who believe their intellectual property has been infringed may submit a written notice to JPTOMS through official channels.
Article 13 — Data Protection, Privacy & Cybersecurity
13.1 JPTOMS processes personal data in accordance with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) and all applicable implementing regulations.
13.2 By registering on the Platform, Users consent to the collection, storage, processing, and use of their personal data by JPTOMS and its authorized affiliates for the purposes of: (a) operating and improving the Platform; (b) processing Transactions; (c) regulatory compliance and AML/CFT obligations; (d) marketing communications, which may be opted out of at any time; and (e) analytics, reporting, and product development.
13.3 International Data Transfers: JPTOMS may transfer personal data to service providers or affiliates located outside the UAE, including in Latin America. By using the Platform, Users expressly consent to such transfers, provided JPTOMS takes reasonable measures to ensure comparable data protection.
13.4 Data Retention: JPTOMS retains personal data for as long as necessary to fulfil the purposes for which it was collected and to comply with legal and regulatory obligations, including AML/CFT record-keeping requirements of a minimum of five (5) years. Upon expiry of applicable retention periods, data will be deleted or anonymized.
13.5 User Rights under PDPL: Subject to applicable exceptions, Users have the right to: (a) request access to personal data held by JPTOMS; (b) request correction of inaccurate data; (c) request deletion of personal data, subject to retention obligations; and (d) object to processing for direct marketing purposes. Requests must be submitted in writing via official JPTOMS channels.
13.6 Data Breach Notification: In the event of a personal data breach likely to result in risk to Users' rights, JPTOMS will notify relevant Users and the UAE Data Office within seventy-two (72) hours of becoming aware of the breach, where technically and legally feasible.
13.7 Cookies & Tracking: The Platform uses cookies and similar tracking technologies. By using the Platform, Users consent to the use of cookies in accordance with JPTOMS's Cookie Policy, accessible on the Platform.
13.8 Users are responsible for ensuring the lawful collection and transmission of any third-party personal data submitted to the Platform. Brokers warrant that all Client data uploaded was obtained with appropriate consent.
Article 14 — AML/CFT Compliance
14.1 All Users acknowledge that JPTOMS operates in full compliance with UAE Federal Decree-Law No. 20 of 2018 on AML/CFT, all associated Cabinet Resolutions, and FATF Recommendations applicable to DNFBPs.
14.2 JPTOMS reserves the right to: (a) request identity verification, source of funds documentation, or other due diligence materials from any User at any time; (b) delay, suspend, or cancel any Transaction pending AML/CFT review; (c) file reports with the UAE FIU via GoAML as required; and (d) terminate any User account where AML/CFT concerns arise.
14.3 Users must not use the Platform to facilitate, conceal, or assist with any activity that constitutes money laundering, terrorist financing, proliferation financing, sanctions evasion, or any related offence. Violation constitutes grounds for immediate Permanent Ban, commission forfeiture, and mandatory reporting to competent authorities.
14.4 JPTOMS shall not be liable for any loss arising from AML/CFT compliance measures applied in good faith.
14.5 Users who are nationals of, resident in, or transacting on behalf of entities incorporated in jurisdictions subject to FATF high-risk listings or UAE/UN sanctions lists are subject to enhanced due diligence and may be refused Platform access at JPTOMS's sole discretion.
Article 15 — Platform Availability & Maintenance
15.1 JPTOMS does not guarantee that the Platform will be available at all times, uninterrupted, or error-free. No SLA is offered or implied. Access may be suspended at any time for maintenance, upgrades, security purposes, or at JPTOMS's sole discretion.
15.2 JPTOMS reserves the right to modify, discontinue, or retire any feature or service of the Platform at any time without notice or liability.
15.3 Users shall not be entitled to any refund, credit, or compensation as a result of any Platform downtime, maintenance, or feature discontinuation.
Article 16 — Third-Party Links & Integrated Services
16.1 The Platform may contain links to or integrations with third-party websites, services, or content. JPTOMS assumes no responsibility for such third-party resources. Links are provided for convenience only and do not imply endorsement.
16.2 Any interaction between a User and a third party is solely at the User's risk. JPTOMS shall not be liable for any loss arising from such interactions.
16.3 Third-party services integrated into the Platform may have their own terms and privacy policies. Users are responsible for reviewing and complying with such terms.
Article 17 — Termination of Access
17.1 JPTOMS may suspend, restrict, or permanently terminate any User's access to the Platform, with or without cause, at any time and without prior notice.
17.2 Users may request account deletion by contacting JPTOMS through official channels. Account deletion does not affect outstanding obligations, pending Transactions, accrued liabilities, or data retention requirements under applicable law.
17.3 Upon termination for any reason: all licences granted under these Terms immediately cease; the User must cease all use of JPTOMS intellectual property; access to all Platform Data and registered Leads is forfeited; and obligations relating to confidentiality, data protection, indemnification, and outstanding liabilities survive indefinitely.
17.4 JPTOMS shall not be liable for any loss suffered by a User as a result of account termination carried out in accordance with these Terms.
Article 18 — Dispute Resolution & Governing Law
18.1 These Terms are governed by and construed in accordance with the laws of the Emirate of Dubai and, to the extent applicable, the federal laws of the United Arab Emirates, without regard to conflict-of-law principles.
18.2 The parties shall first attempt to resolve any dispute through good-faith negotiation. The disputing party must submit written notice of the dispute. If the dispute is not resolved within thirty (30) calendar days of receipt of such notice — or if the other party fails to respond within fifteen (15) calendar days — the negotiation period shall be deemed exhausted and either party may proceed directly to arbitration.
18.3 Unresolved disputes shall be referred to binding arbitration administered by the Dubai International Arbitration Centre (DIAC) under its current rules. The seat of arbitration shall be Dubai, UAE. The language of proceedings shall be English. The tribunal shall consist of one (1) arbitrator unless the claim exceeds AED 500,000, in which case three (3) arbitrators shall be appointed. The arbitral award shall be final, binding, and enforceable.
18.4 JPTOMS may seek urgent interim or injunctive relief from any court of competent jurisdiction without this constituting a waiver of arbitration.
18.5 Users expressly waive any right to bring claims before courts or tribunals outside Dubai, UAE, to the fullest extent permitted by applicable law.
18.6 Regulatory Change: If any provision of these Terms becomes illegal, invalid, or unenforceable as a result of a change in applicable law, that provision shall be modified to the minimum extent necessary to make it compliant, or if not possible, severed. JPTOMS reserves the right to amend these Terms in response to regulatory changes without prior notice.
Article 19 — User Indemnification
19.1 Each User agrees to indemnify, defend, and hold harmless JPTOMS, all JPTOMS Group entities, and their respective officers, directors, shareholders, employees, agents, successors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, fines, penalties, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the User's breach of these Terms; (b) the User's use or misuse of the Platform; (c) the User's breach of applicable law or third-party rights; (d) the User's submission of false, fraudulent, or unauthorized data; (e) any AML/CFT non-compliance attributable to the User; (f) any UGC submitted by the User; (g) any false or negligent compliance certification submitted under Article 5-B; or (h) any claim by a third party arising from the User's conduct on or through the Platform.
19.2 JPTOMS reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at the User's expense.
Article 20 — General Provisions
20.1 Entire Agreement: These Terms, together with any applicable annexes, the Real Estate Collaboration Agreement (for Brokers), the Privacy Policy, and the Cookie Policy, constitute the entire agreement between JPTOMS and the User regarding the Platform.
20.2 Severability: If any provision is found invalid or unenforceable, it shall be severed or modified to the minimum extent necessary. The remaining Terms continue in full force.
20.3 No Waiver: JPTOMS's failure to enforce any right or provision at any time shall not constitute a waiver thereof.
20.4 No Partnership: Nothing in these Terms creates an employment relationship, partnership, joint venture, agency, or trust between JPTOMS and any User.
20.5 Force Majeure: JPTOMS shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, government actions, war, civil unrest, or pandemic. For the avoidance of doubt, foreseeable cybersecurity threats that JPTOMS had a reasonable duty to protect against do not constitute force majeure.
20.6 Assignment & Business Transfer: Users may not assign or transfer any rights or obligations under these Terms without JPTOMS's prior written consent. JPTOMS may freely assign these Terms in connection with a merger, acquisition, asset sale, or corporate restructuring. Continued use of the Platform following a business transfer constitutes acceptance of the successor entity as the new counterparty.
20.7 Affiliates: JPTOMS may share Platform data and operations with its affiliates, subsidiaries, and JPTOMS Group entities for the purposes of providing and improving the Platform, subject to confidentiality obligations consistent with these Terms.
20.8 Language: These Terms are drafted in English. In the event of any translation, the English version shall exclusively govern.
20.9 Notices: JPTOMS may provide notice to Users via the Platform, push notification, or email. Formal legal notices to JPTOMS must be submitted in writing to the registered address stated above or via official Platform channels.
20.10 Survival: Articles 10, 11, 12, 13, 14, 19, and all provisions that by their nature should survive termination, shall survive the termination or expiry of these Terms for any reason.
Article 21 — User Acknowledgment
⚠ BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY CONFIRM THAT:
- YOU HAVE READ AND FULLY UNDERSTOOD THESE TERMS;
- YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY;
- YOU UNDERSTAND THAT ALL PLATFORM DATA IS FOR REFERENCE ONLY AND REQUIRES WRITTEN CONFIRMATION FROM AN AUTHORIZED JPTOMS REPRESENTATIVE BEFORE ANY RELIANCE;
- YOU UNDERSTAND THAT THESE TERMS MAY CHANGE AT ANY TIME WITHOUT PRIOR NOTICE AND THAT CONTINUED USE CONSTITUTES ACCEPTANCE;
- YOU WAIVE ANY RIGHT TO BRING CLASS-ACTION OR COLLECTIVE PROCEEDINGS AGAINST JPTOMS OR ANY JPTOMS GROUP ENTITY;
- YOU ACCEPT THE ENFORCEMENT SYSTEM UNDER ARTICLE 8-A, INCLUDING THE POSSIBILITY OF PERMANENT BAN WITHOUT PRIOR WARNING; AND
- YOUR USE OF THE PLATFORM IS VOLUNTARY AND AT YOUR OWN RISK.
IF YOU DO NOT AGREE TO ALL OF THE ABOVE, STOP USING THE PLATFORM IMMEDIATELY.
