Terms & Conditions

V1.1 - Last edited 21st May 2020

Fabrica has built a platform that allows its users to collect and trade real estate digitally online. Our first priority is putting the user in charge of their own property, and these terms are built with that intention. In order to make these terms user friendly, we have put brief summaries at the header of each section; however, these summaries are not legally binding, so please be sure to read the terms in their entirety if you have any questions.

Welcome to Fabrica
By using Fabrica, you agree to be bound by these terms.

These Terms of Service (“Terms”) govern your access to and use of Fabrica’s website (the “Website”), applications, and application plug-ins (“Applications”) (collectively, the “Site”). By using the Site, you agree to follow and be bound by these Terms and agree to comply with all applicable laws and regulations. In these Terms, the words “you” and “your” refer to each Site user or visitor, “we,” “us” and “our” refer to Fabrica, Inc. and “Services” refers to all services provided by us. It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use the Site. We may revise these Terms at any time without notice to you. If you have any questions, please contact us at questions@fabrica.land.

Your Account
You are responsible for your account. Fabrica maintains the right to suspend or cancel your account at any time.

The Site is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit to us is accurate and truthful. Fabrica may in its sole discretion refuse to offer use of the Site to any person or entity. We also reserve the right to suspend or end your use of the Site at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Site if you are not complying with these Terms, or you use the Site in a manner that would cause us legal liability, disrupt the Services or access to the Site, or disrupt others’ use of the Services or access to the Site. The Site is not available to any user suspended or removed from use of such by Fabrica. By using the Site, you represent that you have not been previously suspended or removed from use of our Services. Some parts of the Site are available only to those users who have been authorized by us to access those Services and web pages.

At account creation and from time to time, Fabrica may request personal information from you. Your rights with respect to these requests may be found in our Privacy Policy, which is incorporated herein by reference.

Summary of Services; No Provision of Legal Advice or Services
Fabrica is not a law firm. Nor are we licensed as a real estate broker or financial advisor. Therefore, we are prohibited from providing professional legal, real estate and financial advice. Your use of the platform is at your own risk, and unless you have jurisdictional experience you should always consult with an attorney prior to entering into a real estate transaction.

The contents of the Fabrica Site, such as text, graphics, images, information, documents, forms and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional legal, professional real estate, estate planning, tax, or other types of advice or services.

Fabrica provides an online portal giving users the ability to transact on real property digitally. In order to facilitate users’ access to its technology, Fabrica provides a general understanding of the technology and the law, and access to form legal documents that users may prepare with the assistance of automated software. Therefore, the Site includes general information on commonly encountered legal issues. The Services also include a review of a user’s answers for completeness, spelling, and for internal consistency of names, addresses and the like, and it may provide access to third-party plug-ins that prompt the user to auto-fill additional data based on a user’s inputs. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, or strategies, or apply the law to the facts of your particular situation.

Users should always seek the advice of an attorney or other qualified professional with any questions you may have regarding the holding in trust, transferring, encumbering, conveying, purchasing, leasing or any other service or activity with respect to your real property or to a real property offering. Fabrica is not a law firm and may not perform services performed by an attorney. Fabrica, its Services, and its forms and templates are not a substitute for the advice or services of an attorney. Nothing within the Site or any of the Content should be understood to include any consideration of estate or tax planning, or liability limitation or bankruptcy remoteness with respect to property ownership, purchase or sale, and any attempt you make to include such consideration in your use of the Services is done at your own behest and at your own risk.

Fabrica strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Fabrica cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Fabrica provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

Reliance on any information provided by Fabrica, Fabrica employees, others appearing on the Site at the invitation of Fabrica, or other visitors to the Site is solely at your own risk. You expressly understand and agree that your use of the Services is at your sole risk. The Services and the Site are provided on an “AS IS” and “as available” basis without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Fabrica has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fabrica from all liability for you having acquired or not acquired Content through the Services. Fabrica makes no representations concerning any Content contained in or accessed through the Service, and Fabrica will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

This Site is not intended to create an attorney-client relationship, and your use of Fabrica does not and will not create an attorney-client relationship between you and Fabrica. Instead, you are and will be representing yourself in any legal matter you undertake through Fabrica’s Services.

Sophistication and Risk of Cryptographic Systems
Fabrica utilizes blockchain technologies to facilitate the Services and produce the Site. Your participation in this nascent technology is at your own risk.

Fabrica shall implement and maintain reasonable procedures for protecting personal information in compliance with applicable law. By utilizing the Services or interacting with the Site or Content in any way, you represent that you understand the inherent risks associated with cryptographic systems, and you warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH) and USD Coin (USDC), smart contract based tokens such as those that follow the Ethereum Non-Fungible Token Standard, and blockchain-based software systems.

Risk of Regulatory Actions in One or More Jurisdictions. Fabrica and Ethereum could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Fabrica to continue to develop, or which could impede or limit your ability to access or use the Services, Site, or Ethereum blockchain.

Risk of Weaknesses or Exploits in the Field of Cryptography. You understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and the Services and Site, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, Fabrica intends to update the protocol underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services or accessing Content, you acknowledge these inherent risks.

Application Security. You acknowledge that Ethereum applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Services. You further expressly acknowledge and represent that Ethereum applications can be written maliciously or negligently, that Fabrica cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others provided herein by Fabrica in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services or Content.

IP and Property Ownership; Real Property Ownership
You own and are responsible for your property. We own and are responsible for our IP.

Ownership, copyright and title of any software that is developed by Fabrica shall at all times remain with Fabrica. You shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any parts thereof. These Terms grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site and Services. You may access the material on the Site only for your own personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your internet browser, and for features of the Site that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Site.

At no point does Fabrica purport to own or control any part of the real property you hold in the use of our Services. Your real estate is your own, and we do not own, manage or otherwise control any part of it. In addition, we are not responsible for any liability created as a consequence of your ownership of real property. It is and always will be your responsibility to maintain and monitor your property and property title, and Fabrica expressly denies any responsibility for liability arising from any source, including but not limited to the various liens or ownership contests, whether caused by you or a prior owner, that may arise as a consequence of real property ownership.

Advertising Content
We are not responsible for any of the ads on the site.

The Site may present advertisements for or links to third-party websites, products, and/or services (“Third-Party Ads”). We are not responsible for the availability of these Third-Party Ads, or the images, messages, or other materials contained therein. Neither Fabrica nor any of its affiliates will be liable for any errors in content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third-Party Ads, including any goods, products, or services offered by such Third-Party Ads.

Price and Payment
Your payment for the Services is due at the time you transfer a token. Any payment you make in purchasing a token is final, and may not be recovered under any circumstances.

Prices are quoted in US Dollars. Payment is required at the time of purchase. Payment may be made by cryptocurrency, digital check, or any other such method as Fabrica may introduce at its absolute discretion. Fabrica does not sit in the middle of transfers, and is therefore unable to cancel a purchase once it has been made; however, we do reserve the right to suspend or cancel any account using the site in a manner that is contrary to these Terms or to the laws of the relevant jurisdiction. Payment is debited from your account the moment you confirm purchase of a token. You will not be charged for any order that cannot be fulfilled and where appropriate Fabrica will refund to your account any sum deducted by Fabrica. Fabrica cannot guarantee that a particular token will always be available or remain available once posted for sale. Bank accounts, routing information, and cryptocurrency wallet information are held in a secure manner. Your bank may also do security checks to confirm it is you making the order.

General Liability
We have done our best to build a platform that lets you be in charge of your property portfolio. We are not responsible for any damages that occur in the course of you leveraging or interacting with your portfolio. Always check back on this page for the updated terms of service, as they may change at our discretion.

You acknowledge and agree that you assume full responsibility for your use of the Site and Services. You acknowledge and agree that any information you send or receive during your use of the Site and Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Site and Services is at your own risk. To the fullest extent permissible by applicable law, in no event shall Fabrica or its future parent or affiliated companies be liable to you for any personal injury, property damage, loss of or lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Site or Services or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Site, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Content or Services. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action. Regardless of the basis upon which liability is claimed and even if Fabrica or future parent or affiliated companies have been advised of the possibility of such loss or damage without limiting the generality of the foregoing, you also specifically acknowledge that Fabrica or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Site or any other third parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Site.

Fabrica may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be available at www.fabrica.land/terms, will govern our relationship with you. We will try to notify you of material revisions, for example via an email to the email associated with your account or via an in-product notification. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.

If you have questions regarding these Terms, you may contact Fabrica’s support team at questions@fabrica.land.