Terms of Use

SubiloYa (hereinafter referred to as the "Platform Operator") operates the online platform SubiloYa and provides users (hereinafter referred to as the "Provider/Client" or "Visitor") with the services offered based on these General Terms and Conditions of Use. SubiloYa is a digital real estate directory for prospective buyers, investors, brokers, notaries, architects and other service providers in the Paraguayan real estate market. The aim of the platform is to facilitate access to real estate offers in Paraguay for seekers and to enable providers to present their properties and services professionally. These terms of use apply to all contracts between the Provider/Client and the Platform Operator, as well as to the use of all services of the platform. Deviating conditions of the Provider/Client are not recognized unless the Platform Operator has expressly agreed to them in writing. By using the platform, the Provider/Client confirms that they act as a business entity and merchant, and not as a consumer within the meaning of consumer protection laws. Legal basis: Law N° 4868/2013 of Electronic Commerce (Paraguay); Paraguayan Civil Code; Law N° 7593/2025 of Personal Data Protection.

The Platform Operator operates SubiloYa as a digital directory for real estate listings and service entries. Addresses are georeferenced and displayed on digital maps. For each listing, specifying a service category and relevant keywords is required. The Platform Operator is authorized to adjust keywords and categories for search engine optimization purposes without requiring the consent of the Provider/Client. This authorization can be revoked in text form at any time. Contracts between the Provider/Client and the Platform Operator are concluded exclusively between these parties. The Platform Operator acts solely as an intermediary and does not become a contracting party to real estate transactions. SubiloYa is offered according to the current state of technology. Uninterrupted 24/7 operation cannot be guaranteed. Maintenance, security, or capacity measures, as well as force majeure, may cause temporary interruptions. The platform software is provided on the basis of modern web technologies (Next.js and Supabase). The Provider/Client receives a simple right to use the software in its current state and has no claim to a specific software version or feature. In accordance with Law 4868/2013, all essential contract information — scope of services, prices, durations, cancellation procedures — is clearly and accessibly displayed on the platform prior to contract conclusion.

The ordering of services is done in writing or electronically via the platform. The contractual relationship comes into effect with the confirmation of the Platform Operator. Free entries have no minimum duration. Paid packages have the duration agreed upon at contract conclusion in accordance with the current price list on the platform. Upon contract conclusion, the Provider/Client receives access to their user account. The Platform Operator's obligation to store entered data ends upon contract expiration. Changes to the domain, logo, or contact details must be communicated immediately between the parties. The Provider/Client agrees to respond to submitted drafts or inquiries within 10 business days.

The Platform Operator is entitled to correct identified errors in listings within the framework of quality assurance and to optimize entries for search engine indexing. This does not create an obligation for ongoing quality checks. The Provider/Client can revoke this authorization in text form at any time.

The Platform Operator provides the Provider/Client with the agreed possibility of publishing listings or entries during the contract term and keeps the inquiry form accessible on the platform and on the internet. Before contract conclusion, the Platform Operator provides the following information clearly and accessibly: service description, prices and payment modalities, durations, cancellation conditions, and contact details. The use of the platform is at the user's own risk. To the extent permitted by law, the Platform Operator assumes no liability for lost revenue or indirect damages in connection with the use of the platform. The Platform Operator does not guarantee that the results of use will meet the expectations of the advertiser, that the platform will be accessible at all times, that errors will be corrected within a specific timeframe, or that the platform is free of malware.

The Provider/Client is obliged to keep their access credentials confidential and not disclose them to third parties. In case of suspected unauthorized access, the password must be changed immediately and the Platform Operator must be informed. It is prohibited to post illegal, immoral, anti-competitive, offensive, threatening, violence-glorifying, racist, or sexually explicit content. The Provider/Client is responsible for the accuracy of their listings' content, in particular property descriptions, prices, square footage, and the legal status of the properties. The Platform Operator assumes no liability for this. The Provider/Client acknowledges that the website, logo, texts, and all elements of SubiloYa's corporate design are subject to copyright, trademark, and other protective rights of the Platform Operator and may not be used without express written permission. In case of violation of these obligations, the Platform Operator is authorized to block the affected listings without notice and/or terminate the contract without notice. Payments already made will not be refunded in such cases.

Unless otherwise agreed, the invoice amount is due within 14 days after invoicing without deductions. The available payment methods are displayed on the pricing page of the platform. In case of payment default, the Platform Operator is authorized to block listings until full payment is made. The Client's payment obligation remains unaffected. All prices stated on the platform are in the specified currency. Any applicable taxes or fees shall be borne by the Provider/Client.

The Platform Operator assumes no liability for the constant availability of the platform or the accuracy and completeness of the listings. Liability for short-term, technically caused interruptions during maintenance work or for disruptions due to force majeure is excluded. Listings are deemed accepted by the Provider/Client upon publication, or at the latest 10 business days after notification of publication. The Platform Operator is only liable for damages based on gross negligence or intentional breach of duty. Liability is limited in amount to the respective annual value of the contractual business.

The Platform Operator collects, processes, and uses personal data of the Provider/Client exclusively for the fulfillment of contractual obligations and on the basis of a legitimate legal basis in accordance with Paraguayan data protection legislation. Upon contract conclusion, the Provider/Client grants the Platform Operator the right to store, process, and make publicly available the property- or company-related images, logos, videos, and texts they post on the platform and connected media, to the extent necessary for contract execution. Personal data will not be shared with third parties unless necessary for contract execution, required by law, or the user has given express consent. The Platform Operator implements appropriate technical and organizational security measures to protect personal data from unauthorized access, loss, or misuse. In case of serious data breaches, affected users will be informed immediately. Legal basis: Law N° 7593/2025 on Personal Data Protection (Paraguay), promulgated on November 27, 2025, fully applicable from November 2027. Law N° 4868/2013 on Electronic Commerce. The Platform Operator is preparing full compliance with Law 7593/2025.

Each user has the following rights before the Platform Operator regarding their personal data: - Right of access: Right to be informed about what personal data is stored and for what purpose it is processed. - Right of rectification: Right to correct inaccurate or incomplete data. - Right of erasure: Right to delete own data, provided there is no legitimate reason for its continued storage. - Right to object: Right to object to the processing of personal data for specific purposes. - Data portability: Right to receive own data in a structured, commonly used, and machine-readable format. - Withdrawal of consent: Consent granted can be withdrawn at any time with future effect. To exercise these rights, a written request sent to info@subiloya.com is sufficient. The Platform Operator will respond to such requests within 30 days. Legal basis: Law N° 7593/2025, Art. 28 et seq. (Rights of the data owner).

The Platform Operator stores connection and traffic data generated during platform use for a minimum period of 6 months, to the extent necessary for service provision and fulfillment of legal obligations. Content data (listings, descriptions, images) is stored for the duration of the contractual relationship and deleted within a reasonable period after contract termination, unless there is a legal obligation to retain it. The Platform Operator does not perform backups of content published by the Provider/Client as part of a backup responsibility. The Provider/Client is responsible for their own data backup. Legal basis: Law N° 4868/2013, Art. 10 (Data storage obligation, min. 6 months).

If an agreed deadline is exceeded by the Provider/Client, the Platform Operator is authorized to cancel the order after a written warning or take alternative measures. In case of force majeure or other unforeseen obstacles, agreed deadlines will be extended accordingly. If an invoice is not paid on time, the Platform Operator is authorized, after a written warning, to block access to the platform until the outstanding payment is fully settled.

SubiloYa is a directory for real estate and real estate-related services in Paraguay. All listings must comply with legal requirements and must not contain misleading information. The Provider/Client agrees to promote the platform to a reasonable extent, as agreed in the contractual framework. The Provider/Client is not permitted to use texts, trademarks, or other signs of the Platform Operator without express written permission. In case of culpable violation of the provisions of this section, a contractual penalty of 500 USD applies.

Both parties agree to maintain absolute secrecy regarding all commercial and operational secrets of the other party known within the framework of cooperation. This obligation remains in force after contract termination. Both parties agree not to actively recruit employees of the other party.

The Platform Operator is authorized to transfer the rights and obligations resulting from this contract to a third party. The transfer will be communicated in writing to the Provider/Client. In case of transfer, the Provider/Client is entitled to an extraordinary termination. The termination must be received in writing by the Platform Operator within 14 days after receiving the transfer notice.

This contract is governed primarily by the laws of the Republic of Paraguay, in particular the Paraguayan Civil Code, Law N° 4868/2013 on Electronic Commerce, and Law N° 7593/2025 on Personal Data Protection. Supplementarily and subsidiarily, the law of the State of Wyoming, USA applies, to the extent that Paraguayan law does not establish a definitive regulation. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. For disputes arising from this contractual relationship, the ordinary courts at the registered office of the Platform Operator are competent, to the extent permitted by law. For consumers within the meaning of Paraguayan law, mandatory consumer rights of the Republic of Paraguay take precedence. Note: Once the Paraguayan RUC of the Platform Operator is issued, Paraguayan law will be established as the sole legal basis. This clause will be updated accordingly.

The Platform Operator reserves the right to modify these terms of use at any time with future effect. Users will be informed about significant changes by email or through a prominent notice on the platform, at least 14 days before the changes take effect. Continued use of the platform after the changes take effect constitutes acceptance. If a user objects to the changes, they have the right to terminate the contract extraordinarily.

If any provision of these terms of use is invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid provision will be replaced by a valid regulation that comes closest to the economic purpose of the invalid provision. Modifications and additions to these terms of use must be in writing. There are no verbal side agreements. These terms of use apply to all users of the platform SubiloYa, regardless of their nationality or place of residence, to the extent they use platform services.