Terms of Use
Last Updated: April 14, 2025
Welcome to Fifsee, a global real estate platform designed to connect buyers, sellers, tenants, landlords, real estate professionals, and vacation home seekers ("Users"). By accessing or using the Fifsee website, mobile application, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use our Services.
Fifsee ("we," "us," or "our") reserves the right to update these Terms at any time. We will notify you of significant changes by posting the updated Terms on our website and, where applicable, through email notifications. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.
1. Eligibility and Account Registration
1.1 Eligibility: To use Fifsee, you must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction. By using the Services, you represent and warrant that you meet these requirements.
1.2 Account Creation: To access certain features, such as listing properties or contacting other Users, you must create an account. You agree to provide accurate, complete, and up-to-date information during registration and to keep this information current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.3 Geographic Restrictions: Fifsee Services are available globally, except in jurisdictions where we do not operate or where use of our Services is prohibited by law. You are responsible for ensuring that your use of the Services complies with applicable local laws in your jurisdiction.
2. Scope of Services
Fifsee provides a platform for:
• Buyers to search for and inquire about properties.
• Sellers to list and market properties for sale.
• Tenants to find rental properties.
• Landlords to list and manage rental properties.
• Bid and respond to Bid - For Property Sellers and Buyers
• Communicate via in-app chat and schedule appointments.
• Make payments and receive payouts (where supported).
• Real estate professionals to connect with clients and promote their services.
• Vacation home seekers ("Travelers") to find and book short-term rentals from hosts ("Hosts").
We act solely as an intermediary platform to facilitate interactions between Users. Fifsee does not own, sell, bid, lease, monitor or manage any properties listed on the platform, nor do we act as a real estate broker unless explicitly stated.
3. User Responsibilities
3.1 Accurate Information: You agree to provide truthful and accurate information in all listings, inquiries, and communications. Misrepresentation of property details, pricing, or availability may result in suspension or termination of your account.
3.2 Compliance with Laws: You are responsible for complying with all applicable laws, regulations, and ordinances in your jurisdiction, including but not limited to real estate, tax, zoning, and anti-discrimination laws. This includes obtaining necessary permits or licenses for listing or renting properties, particularly for vacation homes.
3.3 Prohibited Activities: You agree not to:
• Use the Services for any illegal or unauthorized purpose.
• Post fraudulent, misleading, or offensive content.
• Engage in discriminatory practices based on race, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Use automated tools (e.g., bots, scrapers) to access or collect data from the platform without our express written consent.
• Attempt to interfere with the security, integrity, or performance of the Services.
3.4 Vacation Home-Specific Rules: If you list or book a vacation home, you agree to:
• Clearly disclose all terms, including cancellation policies, fees, and house rules.
• Comply with local short-term rental regulations, such as registration or taxation requirements (e.g., tourist taxes in the European Union or occupancy limits in certain U.S. states like Florida).
• For Hosts: You are responsible for paying all applicable taxes on the money collected from Travelers, including but not limited to income taxes, tourist taxes, or other local levies. Fifsee will collect withholding taxes from Travelers on your behalf and remit these taxes to you along with the booking payment, but it is your responsibility to report and pay these taxes to the appropriate authorities.
• For Travelers: You acknowledge that Fifsee will collect withholding taxes as part of the booking payment, which will be remitted to the Host. You are responsible for any additional taxes or fees imposed by your jurisdiction related to your booking.
4. Geographic-Specific Safeguards
To protect Fifsee and its Users, we have implemented the following geographic-specific safeguards:
4.1 United States:
• Foreign Investment in Real Property Tax Act (FIRPTA): U.S. Users involved in transactions with foreign buyers must comply with FIRPTA, which may require withholding a portion of the sale proceeds for tax purposes. Fifsee recommends consulting a tax professional to ensure compliance. We are not responsible for any tax liabilities arising from transactions facilitated through our platform.
• State Restrictions: Certain U.S. states (e.g., Florida, Texas, Alabama) have laws restricting foreign ownership of real estate, particularly agricultural land or properties near military installations. Users must ensure compliance with these state-specific regulations. For example, in Florida, foreign principals from certain countries may be prohibited from purchasing properties near critical infrastructure, and buyers must provide affidavits attesting to their eligibility. Fifsee is not liable for any violations of these laws.
4.2 European Union:
• General Data Protection Regulation (GDPR): We comply with GDPR for Users in the EU. Please refer to our Privacy Policy for details on how we handle your personal data. You agree to obtain consent from any third parties (e.g., tenants or buyers) before sharing their personal information on our platform.
• Reciprocity Laws: Some EU countries, such as Croatia, require reciprocity for foreign buyers (i.e., the buyer’s home country must allow Croatian citizens to purchase property). Users must verify their eligibility with local authorities before engaging in transactions.
4.3 Other Jurisdictions:
• Turkey: Foreign buyers in Turkey are subject to restrictions on purchasing property in certain areas (e.g., military zones). Users must ensure compliance with Turkish laws, which treat foreign buyers similarly to Turkish citizens once approved, but may involve additional approvals.
• General Compliance: In jurisdictions like Angola, where land ownership belongs to the state, Users must ensure they have the necessary concessions or approvals for property transactions. Fifsee is not responsible for verifying or obtaining such approvals on your behalf.
5. Fees and Payments
5.1 Service Fees: Fifsee charges an Application Fee for certain Services, such as listing properties or accessing premium features for real estate professionals. For vacation home bookings, Fifsee deducts an Application Fee from both Travelers and Hosts. All applicable fees will be disclosed before you incur them.
5.2 Vacation Home Payment Process:
• Application Fee: Fifsee deducts an Application Fee from both Travelers and Hosts for each vacation home booking. This fee covers the use of the platform and related services.
• Tax Collection and Remittance: Fifsee uses Stripe to process payments for vacation home bookings. As part of the payment process, Fifsee collects withholding taxes from Travelers on behalf of Hosts. These taxes, along with the booking payment (minus the Application Fee), are remitted to the Host.
• Host Tax Responsibility: Hosts are solely responsible for reporting and paying all applicable taxes on the money collected from Travelers, including the withholding taxes remitted by Fifsee. This may include income taxes, tourist taxes (e.g., in the EU), or other local levies. Fifsee does not provide tax advice and recommends that Hosts consult a tax professional to ensure compliance.
• Traveler Tax Responsibility: Travelers acknowledge that withholding taxes are collected as part of the booking payment and remitted to the Host. Travelers are responsible for any additional taxes or fees imposed by their jurisdiction related to the booking.
5.3 Payment Processing: Payments for vacation home bookings and other transactions are processed through Stripe, a third-party payment provider. You agree to comply with Stripe’s terms and conditions. Fifsee is not responsible for any disputes arising from payment processing.
5.4 Taxes: Apart from the withholding taxes collected for vacation homes, you are responsible for paying all other applicable taxes related to your use of the Services, including sales taxes, tourist taxes, or transfer taxes (e.g., SISA in Angola at 2% of the acquisition amount). Fifsee does not provide tax advice and recommends consulting a tax professional.
6. Intellectual Property
All content on the Fifsee platform, including text, graphics, logos, and software, is the property of Fifsee or its licensors and is protected by international copyright and trademark laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.
7. Third-Party Links and Services
Fifsee may contain links to third-party websites or services, such as Stripe, real estate agencies, or legal advisors. We are not responsible for the content, accuracy, or practices of these third parties. Your interactions with third parties, including payment processors, are at your own risk.
8. Disclaimers and Limitation of Liability
8.1 No Warranty: The Services are provided "as is" and "as available" without warranties of any kind, express or implied. Fifsee does not guarantee the accuracy, completeness, or reliability of any content on the platform, including property listings or User-provided information.
8.2 No Liability for Transactions: Fifsee is not a party to any real estate transactions facilitated through the platform, including vacation home bookings. We are not responsible for the outcome of any transaction, including disputes between buyers, sellers, tenants, landlords, Travelers, or Hosts.
8.3 Tax Compliance: While Fifsee collects withholding taxes from Travelers and remits them to Hosts for vacation home bookings, we are not responsible for ensuring Hosts’ compliance with tax obligations. Hosts must independently report and pay all applicable taxes to the relevant authorities.
8.4 Limitation of Liability: To the fullest extent permitted by law, Fifsee shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services, including but not limited to loss of profits, data, or property value. Our total liability to you for any claim arising from these Terms or the Services shall not exceed the amount you paid to Fifsee in the preceding 12 months.
9. Indemnification
You agree to indemnify and hold Fifsee, its affiliates, and their respective officers, directors, and employees harmless from any claims, losses, or damages, including legal fees, arising from your use of the Services, violation of these Terms, or infringement of any third-party rights. This includes, but is not limited to, any tax-related claims arising from your failure to report or pay taxes on vacation home bookings.
10. Termination
Fifsee may suspend or terminate your account or access to the Services at our sole discretion, with or without notice, if you violate these Terms or engage in conduct that we deem harmful to other Users or our platform. Upon termination, your right to use the Services will cease immediately.
11. Governing Law and Dispute Resolution
11.1 Governing Law: These Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.
11.2 Dispute Resolution: Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Wilmington, Delaware, and be conducted in English. You waive any right to participate in a class action lawsuit or class-wide arbitration.
11.3 Jurisdictional Exceptions: For Users in the EU, you may have the right to resolve disputes in your local courts under EU consumer protection laws. Please consult with a legal professional in your jurisdiction for more information.
12. Miscellaneous
12.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fifsee regarding your use of the Services.
12.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Fifsee Support
Email: sri@fifsee.com
Phone: +1-442-222-8336
Registered Address: 254 Chapman Rd Ste 209 Newark, DE, 19702-5422 United States
Key Updates and Notes
• Vacation Homes Feature (Section 3.4 and 5.2): The Terms now explicitly outline the payment and tax process for vacation homes. Fifsee deducts an Application Fee from both Travelers and Hosts, collects withholding taxes from Travelers via Stripe, and remits these taxes to Hosts along with the booking payment. Hosts are clearly responsible for reporting and paying all applicable taxes on the money they receive.
• Tax Responsibility Clarifications: The Terms emphasize that Hosts are responsible for their tax obligations, while Travelers are responsible for any additional taxes in their jurisdiction. Fifsee’s role is limited to collecting and remitting withholding taxes to Hosts, reducing the company’s liability.
• Stripe, Apple Pay and GPay Integration (Section 5.3): The use of Stripe, Apple Pay and GPay for payment processing is noted, with a disclaimer that Users must comply with Apple Pay, GPay and Stripe’s terms and that Fifsee is not liable for payment disputes.
• Indemnification (Section 9): The indemnification clause now explicitly includes tax-related claims, protecting Fifsee from liability if Hosts fail to pay taxes on vacation home earnings.
• Geographic Safeguards: The geographic-specific safeguards remain unchanged, ensuring compliance with laws in the U.S., EU, Turkey, Angola, and other jurisdictions where Fifsee operates, while avoiding mention of restricted regions.