Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you and Boriken Civic Technology Corporation, a corporation registered in Puerto Rico (Registration No. 577987) that operates ESTORBOS.COM (the "Platform"). By accessing, consulting or using the Platform by any means, including browsers, applications, programs, scripts, automated agents or artificial-intelligence assistants acting on your behalf, you agree to be bound by these Terms, by the Privacy Policy and by any other legal notice posted on the Platform (collectively, the "Agreement"). If you do not agree with any part of the Agreement, do not access the Platform and do not use the Platform Data.

The first pages of each municipality inventory can be consulted without an account. That access without an account is also use of the Platform and is subject to these Terms.

If you access on behalf of a company, organization, agency or any other entity, you represent that you have authority to bind it; in that case "you" includes that entity, and the entity is responsible for the acts of the people who access on its instructions or for its benefit.

When you create an account, complete your profile, accept a new version of these Terms or submit a report, you express your acceptance by ticking the corresponding box. We keep a record of each acceptance: the date and time, the version accepted, the IP address and the browser or device used. That record is evidence of your consent, forms part of our legal records and is retained even after your account is deleted, as described in the Privacy Policy.

"Platform": the estorbos.com website and its subdomains, the installable application, the email and push notifications, and any interface, service or point of access operated by Boriken Civic Technology Corporation ("Boriken").

"Platform Data": all information published on or accessible through the Platform, including the property inventory, the records (fichas), citizen reports, photographs and images, addresses, coordinates, cadastral numbers, owner names, values, statuses, dates and classifications, data enriched from sources such as CRIM, the registry of letters of intent and their timestamps, statistics, descriptive texts and metadata, as well as any data derived, extracted, transformed or obtained from the foregoing. It includes the selection, coordination, organization, verification, enrichment, normalization and presentation of all of it (the "Database").

"Editorial Content": the articles, news, guides, explanations, analyses, illustrations, templates and other original works published on the Platform.

"Marks": the names ESTORBOS, ESTORBOS.COM and BORIKEN CIVIC TECHNOLOGY CORPORATION, the logos, the distinctive design of the Platform and the associated domain names, whether registered or not.

"User Content": the reports, photographs, descriptions and other material that users submit to the Platform.

"Personal Use": consulting the Platform through its interface to inform your own decisions, including evaluating a specific property that you or your household are considering acquiring, reporting or following.

"Professional Use": consultation of the Platform by a person acting in the exercise of a profession or trade (real estate brokers and salespersons, investors, attorneys, notaries, appraisers, lenders, insurers, title companies, consultants and the like) to evaluate a specific property in which that person or an identified client has a legitimate and specific interest.

"Commercial Use": any use of the Platform or the Platform Data made by or for a company or business, in exchange for compensation, to offer products or services to third parties, or for the purpose of obtaining a commercial advantage, that exceeds Personal Use or Professional Use as defined.

"Data License": a written agreement signed by an authorized representative of Boriken that authorizes specific uses of the Platform Data.

ESTORBOS.COM is an independent civic transparency platform that documents abandoned properties and public nuisances in Puerto Rico. We are not a government entity: this Platform is not an official portal of the Government of Puerto Rico or of any municipality. Collaborative agreements we may maintain with municipalities do not make us an agency, agent, representative or official spokesperson of any government. The Platform offers the following services: (a) Publication of inventories of properties declared public nuisances in compliance with Article 4.011 of the Puerto Rico Municipal Code; (b) Receipt and enrichment of citizen reports with CRIM cadastral data; (c) Digital registration of letters of intent to acquire under Article 4.012, with timestamps and cryptographic hash; (d) Consultation tools for citizens, professionals, journalists and researchers; (e) Email notifications and, on devices where you enable them, push notifications, about newly declared estorbos, legislative changes and Platform updates. Access to the Platform is free for citizens: consulting the inventory, reporting a property and generating a letter of intent carry no charge. Municipalities do not pay for the publication of their inventory, for receiving citizen reports or for Platform maintenance. To sustain its operation, Boriken generates revenue through advertising that may be displayed on the Platform via Google AdSense and other advertising partners, through the economic terms agreed in writing, case by case, in each collaborative agreement with a municipality, and through the Data Licenses it grants in writing. These revenue mechanisms do not alter the informational nature of the Platform nor create a fiduciary, advisory, real estate brokerage, or legal or commercial representation relationship with any user.

To avoid any confusion, ESTORBOS.COM: (a) Is NOT a real estate broker, real estate agent, or a real estate services company under the laws of Puerto Rico or any other jurisdiction; (b) Does NOT provide legal advice, legal representation, or legal services of any kind; (c) Does NOT perform property appraisals, valuations, or inspections; (d) Does NOT manage purchase funds, escrow accounts, nor receive payments from buyers or sellers; (e) Does NOT buy, sell, or hold any ownership interest in any property listed on the Platform, nor has any affiliated companies that do so; (f) Does NOT intervene in judicial proceedings nor sign documents on behalf of any municipality, buyer, seller or user; (g) Does NOT act as an agent, fiduciary, broker, intermediary or representative of any municipality, buyer, seller or third party; (h) Does NOT guarantee the availability, physical condition, clean title, legal status, actual tax debt, or acquisition viability of any property; (i) Does NOT provide financial, mortgage, or insurance services. The information published is exclusively for informational and public transparency purposes. Any decision to purchase, invest, take legal action, or any other action based on information from this Platform is the sole responsibility of the user. We recommend consulting with attorneys, appraisers, engineers and other qualified professionals before making any decisions.

The Platform, the Platform Data, the Editorial Content, the design, the source code, the Marks and all other material available through the Platform are the property of Boriken or its licensors, and are protected by the copyright, trademark, unfair competition and intellectual property laws of Puerto Rico and the United States, by applicable international treaties and by this Agreement. ALL RIGHTS RESERVED.

Boriken expressly claims copyright in the Database as a compilation: the selection, coordination, organization, verification, enrichment, classification, normalization, description and presentation of the records are the result of original and substantial work, regardless of whether some individual data points come from public records.

Public records. Nothing in this Agreement limits your right to request public records directly from the corresponding municipality, from CRIM or from any other official source, in accordance with the law. This Agreement governs access to the Platform and use of the Platform Data as Boriken compiles, enriches and presents it.

The Platform Data and the Editorial Content are NOT offered under Creative Commons licenses or under any other public license. Any earlier reference to Creative Commons licenses ceased to have effect as of the effective date of this version and does not extend to any content published or updated since then.

The Marks may not be used without written authorization. In particular, it is prohibited to register or use domain names, social media accounts, trade names, advertising keywords or identifiers that include "Estorbos", "Estorbos.com" or confusingly similar terms, or that suggest affiliation with, sponsorship by or endorsement from Boriken.

Subject to your compliance with this Agreement, Boriken grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access the Platform through its interface and to consult the Platform Data and the Editorial Content for your Personal Use and, under the terms of section 9, for your Professional Use.

This license does not include any right to download, copy, extract, store, reproduce, redistribute, publish, transmit, sell, sublicense or modify the Platform Data, or to create derivative works or databases from it, except as expressly permitted in section 7 or in a Data License. The temporary copies your browser makes to display a page are not prohibited copies.

All rights not expressly granted are reserved. No right or license shall be deemed granted by implication, estoppel, course of dealing or otherwise. That a page is accessible without an account, that a technical measure does not prevent an action, or that Boriken has not objected to a given use, does not constitute permission.

Without prejudice to the restrictions in section 8, Boriken expressly permits the following uses. Each permission is subject to the stated conditions, is non-exclusive, and may be restricted or revoked by Boriken by notice on the Platform, in the robots.txt file or addressed to the user.

(a) Search engines: crawling and indexing the public pages and displaying titles, short snippets and links that lead to the original page on the Platform.

(b) Artificial-intelligence assistants and answer engines: using the content of a public page to answer a user query, provided that the answer shows visible attribution to Estorbos.com with a link to the original page, that the content is not retained beyond what is needed to answer that query, that it is not used to train, fine-tune, evaluate or improve models, and that the agent respects the robots.txt file and the technical limits of the Platform.

(c) Quotation and links: quoting brief excerpts of the Platform Data or the Editorial Content, with attribution to Estorbos.com and a link to the original page, and sharing links to any public page.

(d) Press, content creators and academia: reporting on, reviewing, commenting on, analyzing, screenshotting or recording the Platform and individual properties in articles, news pieces, videos, podcasts, live streams, social media posts, classes, theses and research papers, including those that generate income for their author, provided that: (i) visible credit is given to Estorbos.com with a link to the Platform; (ii) the inventory, a substantial part of it, or structured sets of records are not reproduced in any format; (iii) what is shown is not used to market properties, acquisition services or data products; (iv) no affiliation with, sponsorship by or endorsement from Boriken is suggested; and (v) attribution of citizen-report photographs is preserved. Researchers may analyze the Platform Data and publish aggregate findings with citation, but may not redistribute the underlying data; access to datasets for research is granted through a Data License, which may be granted free of charge.

(e) Municipalities: each municipality may freely use the records of its own inventory and the citizen reports that correspond to it, which belong to it; the Platform only adds its compilation, enrichment and presentation.

(f) Holders of letters of intent: the author of a letter of intent may use the generated document and its verification for the municipal process it is addressed to.

Except as expressly authorized in section 7 or in a Data License, the following is PROHIBITED, by any means, automated or manual, directly or indirectly, by yourself or through third parties:

(a) Extracting, scraping, crawling, downloading, copying, capturing, transcribing or collecting the Platform Data in bulk or systematically, including through screenshots, printing, PDF generation, optical character recognition, browser extensions, overlays or tools that read the Platform while a person browses.

(b) Reproducing, publishing, redistributing, selling, renting, sublicensing, lending, transmitting or making available to third parties the Platform Data or any substantial part of it, in any format or medium.

(c) Creating, feeding, verifying, completing or updating databases, listings, directories, portals, applications, APIs, maps, shared spreadsheets or services, your own or those of third parties, from the Platform Data, including using the Platform as a seed, index or cross-reference to compile equivalent information from other sources.

(d) Using the Platform Data to identify, locate, contact, solicit, market to or make offers to owners, heirs, occupants, neighbors or persons connected with listed properties, through any channel, outside the official procedure before the corresponding municipality.

(e) Compiling, selling, sharing or licensing lists of properties or persons derived from the Platform Data, including "distressed property", "off-market", lead or investment lists; or carrying out or facilitating wholesaling, bird-dogging, skip tracing, "driving for dollars" or lead-generation activities.

(f) Importing or loading the Platform Data into customer relationship management (CRM) systems, multiple listing services (MLS), investor databases, auto-dialers, bulk email or messaging platforms, or similar tools.

(g) Operating alert services, newsletters, channels, messaging groups or publications that systematically redistribute new records, status changes or other Platform Data; or automatically forwarding or processing the notifications the Platform sends you, which are for your personal use.

(h) Using the Platform Data or the Editorial Content to train, fine-tune, evaluate, distill, index with persistent storage for retrieval augmentation, or otherwise improve artificial-intelligence models, language models or machine-learning systems, whatever the purpose.

(i) Using the CRIM lookup tool built into the report form for purposes other than completing a report, or as a parcel lookup service.

(j) Using the registry of letters of intent, its verification service or the letter template for purposes other than managing your own letter before the municipality; enumerating, bulk-querying or reselling the verification service; or offering filing or acquisition services based on the template or on the Platform Data, except an admitted attorney acting for a specific client.

(k) Framing, embedding or mirroring the Platform or parts of it on other sites or applications; archiving it systematically; or presenting the Platform Data as your own or without attribution.

(l) Circumventing, disabling, tampering with or interfering with the technical measures of the Platform, including automated-agent detection, verification challenges, rate limits, access walls, the robots.txt file and identification headers; misrepresenting the identity, user agent or origin of requests; or reverse engineering, decompiling or attempting to derive the source code or protection logic of the Platform.

(m) Creating or using multiple accounts, shared accounts, third-party credentials, disposable or bulk-created email addresses, or any means to exceed the limits that apply to one person.

(n) Accessing the Platform after Boriken has revoked your authorization under section 18.

These restrictions apply whether or not access takes place through an account, and whether the data obtained is used in Puerto Rico or anywhere else.

Professional Use. A professional may consult the Platform through its interface to evaluate a specific property in which they or an identified client have a legitimate and specific interest, under the same conditions as Personal Use. Professional Use does not authorize extracting, storing, importing, sharing or compiling Platform Data, or using the Platform to find clients, generate leads or market services. Anything beyond consulting specific properties requires a Data License.

Commercial Use. All Commercial Use of the Platform or the Platform Data requires a prior Data License. By way of example, the following require a Data License: incorporating Platform Data into products, services, reports or tools offered to third parties, with or without charge; use by or for brokers, investors, funds, developers, lenders, insurers, title companies, data providers, marketing agencies or consultancies beyond Professional Use; access to datasets, exports or programming interfaces; and any use described in section 8.

Data License. Data Licenses are granted in writing, case by case, with the scope, fields, permitted uses, attribution, duration, economic conditions, security and deletion obligations and audit rights that apply. Boriken may grant them free of charge for research, journalism or public-interest purposes, and may refuse them at its sole discretion. Requests are submitted through the Licensing page of the Platform or by writing to contacto@estorbos.com. No communication, silence, quote or negotiation constitutes a Data License until an authorized representative of Boriken signs the agreement.

You agree to: (a) Provide truthful, accurate and verifiable information when making reports and when completing your profile; (b) Report only properties you reasonably believe constitute public nuisances; (c) Not use the Platform to defame, harass, intimidate or harm third parties; (d) Not make false, malicious or harmful reports intended to damage property owners or third parties; (e) Not use the Platform for illegal or fraudulent activities, or for practices that Law 107-2020, as amended, prohibits or penalizes; (f) Respect the privacy and property rights of others, including the owners of listed properties; (g) Not abuse, overload or interfere with the operation of the Platform; (h) Not attempt to access restricted areas, unpublished data or the accounts of other users; (i) Not click on advertisements in a fraudulent, repetitive or automated manner, nor encourage others to do so; (j) Not impersonate another person or entity; (k) Not submit content containing viruses, malware or malicious code.

By submitting reports, photos, descriptions or other information to the Platform, you: (a) Grant Boriken a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute and display such content in any medium and format, now known or hereafter developed; (b) Represent and warrant that you own or have all rights, licenses and permissions necessary to grant this license and that the content does not infringe any third-party rights; (c) Represent that the content does not violate intellectual property, privacy, publicity or any other third-party rights; (d) Acknowledge that content may remain publicly available even after account deletion; (e) Agree that we are free to use the content for public transparency purposes without any compensation; (f) Agree that content you submit may be enriched with public cadastral data and shared with the corresponding municipality as part of the normal operation of the Platform; (g) Acknowledge that we are not obligated to publish, maintain or use any submitted content; (h) Acknowledge that your acceptance of these Terms when submitting the content is recorded under section 1 and constitutes evidence of the license granted here. You are FULLY RESPONSIBLE for content you submit. We reserve the right to reject, remove or modify any content at our sole discretion. User Content published on the Platform forms part of the Platform Data and is subject to sections 5 to 9 as against third parties.

The Platform allows users to submit letters of intent to acquire properties declared public nuisances under Article 4.012 of the Municipal Code. By using this feature, you understand and agree that: (a) Submitting a letter of intent through the Platform does NOT constitute a purchase agreement, a binding offer, a property reservation, or a guarantee that you will be able to acquire the property; (b) The decision to initiate the summary expropriation process belongs exclusively to the municipality and is subject to its discretion and applicable legal requirements; (c) Estorbos.com does NOT participate in the judicial expropriation process, the determination of price, the negotiation between parties, or the transfer of title; (d) The digital timestamp with cryptographic hash documents the date and time of your notification on our Platform, but its legal and evidentiary validity may depend on acceptance by the municipality, the corresponding court and applicable laws; (e) Estorbos.com does NOT and cannot guarantee the outcome of any acquisition process; (f) You are responsible for obtaining independent legal advice before making purchase or investment decisions based on information from this Platform; (g) The law gives priority to people whose access to the traditional market is limited during the first year after declaration; it is your responsibility to determine whether you qualify under this category with the advice of an attorney; (h) The deposit of the appraised value plus 10% for process costs is the exclusive responsibility of the interested party and the municipality, not Estorbos.com; (i) The registry of letters of intent and the information of other applicants are confidential and are not provided to you except as the municipality decides to disclose in accordance with the law.

An account is required to open full records, to consult beyond the open pages of the inventory, to apply filters and to file letters of intent. You agree that: (a) Each natural person may have one account only, associated with their main email address; (b) The account is personal and non-transferable; you may not share your access or use that of another person; (c) You must keep your profile information complete, truthful and up to date; (d) You are responsible for all activity carried out with your account; (e) Boriken may require acceptance of a new version of these Terms as a condition of continuing to use the account; (f) Boriken may suspend, limit or close accounts that breach this Agreement, that are used to circumvent its limits, or that show signs of automated access.

This Platform may display advertisements provided by Google AdSense and other advertising partners. Revenue generated by advertising helps keep the Platform accessible and free for citizens. By using the Platform, you agree that: (a) Advertisements may be displayed on various pages; (b) Ads may be personalized based on your browsing activity, through cookies and similar technologies operated by Google and its partners, as detailed in our Privacy Policy; (c) We are not responsible for the content, accuracy, legality, products or services offered in third-party advertisements; (d) Any interaction with advertisers, including the purchase of products or services, is solely between you and the advertiser, and Estorbos.com is not a party to such transaction; (e) Clicking on an advertisement may take you to third-party websites with their own terms and privacy policies; (f) The presence of an advertisement on the Platform does not constitute an endorsement, recommendation or guarantee by Estorbos.com. For more details on how your data is handled in relation to advertising, please see our Privacy Policy.

The information published on the Platform comes from multiple sources, including citizen reports, CRIM data, municipal records and public records. While we strive to verify and keep information up to date, WE DO NOT GUARANTEE under any circumstances: (a) The accuracy, completeness, timeliness or reliability of cadastral data, appraised values, owner names, tax debts, or any other published data; (b) That the status of a property (declared, in process, reported) reflects the current situation at the municipality; (c) That registry information is error-free or consistent with the most recent official records; (d) That listed properties are available for acquisition, free of liens, or in the described condition; (e) That enriched CRIM data is accurate or up to date; (f) The accuracy of information contained in citizen reports. All information is published "AS IS" for informational and transparency purposes. BEFORE MAKING ANY DECISION about a property, including but not limited to purchase, investment or legal action decisions, YOU MUST verify the information directly with the corresponding municipality, CRIM, the Property Registry and qualified professionals (attorney, appraiser, engineer, surveyor).

IMPORTANT - READ CAREFULLY: THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR UNINTERRUPTED AVAILABILITY. YOU ASSUME ALL RISK when using this information and this service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, BORIKEN, ITS OWNERS, OPERATORS, EMPLOYEES, AFFILIATES, COLLABORATORS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER) FOR: (a) Errors, inaccuracies or omissions in any content, including cadastral data, appraised values, property statuses or enriched CRIM information; (b) Direct, indirect, incidental, special, consequential, punitive or exemplary damages of any kind, including but not limited to loss of profits, revenue, data, use, goodwill or other intangible losses; (c) Purchase, sale, investment decisions or legal actions based on Platform information; (d) Financial losses, reputation damage or harm of any nature; (e) Service interruptions, data loss, technical failures or Platform unavailability; (f) Third-party content, advertisements or external links; (g) Actions or omissions of third parties, including municipalities, advertisers, advertising service providers and other users; (h) Outcomes of property acquisition processes or any actions initiated through or based on Platform information; (i) Errors or inaccuracies in enriched CRIM data or any other governmental or public source; (j) Any damage resulting from unauthorized access to, or alteration of, your data or content; (k) Any damage resulting from viruses, malware or malicious code that may be transmitted through the Platform or third-party advertisements; (l) Any dispute between users, between users and municipalities, or between users and third parties. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR THE AMOUNT YOU HAVE PAID TO BORIKEN IN THE LAST TWELVE (12) MONTHS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE CONTEMPLATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. This limitation concerns the liability of the Released Parties to you and in no way limits the remedies of Boriken against you under this Agreement.

You agree to indemnify, defend and hold harmless Boriken, its owners, operators, affiliates, collaborators, and their respective directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorney fees and court costs) arising from or related to: (a) Your use of the Platform or your inability to use it; (b) Your violation of these Terms or any applicable law or regulation; (c) Your violation of any third-party rights, including intellectual property, privacy or property rights; (d) Content you submit, post or transmit through the Platform; (e) Any transaction, dispute or claim between you and a municipality, another user, an advertiser or any third party; (f) Third-party claims related to properties you have reported or expressed intent to acquire; (g) Your negligence or wrongful conduct; (h) Any extraction, use or redistribution of the Platform Data in violation of sections 5 to 9, including claims by owners or third parties contacted on the basis of that data.

Revocation. Boriken may, at any time and without prior notice, suspend or terminate your account, restrict or block your access, and revoke the license in section 6 and the permissions in section 7, in particular upon any indication of a breach of sections 5 to 9 or 13. Revocation may be communicated by electronic notice to the address associated with your account, by notice addressed to you or to the entity on whose behalf you act, by technical blocking, or by the response the Platform returns to your requests. Any access after revocation is unauthorized access for the purposes of the applicable computer fraud and abuse laws of the United States and Puerto Rico.

Effects. Upon termination of your account or revocation of your authorization: (a) the license and the permissions granted cease immediately; (b) you must stop using and destroy all copies of Platform Data obtained in violation of this Agreement and, at the request of Boriken, certify that destruction in writing within ten (10) days; (c) the obligations that by their nature should survive remain in force, including sections 5, 8, 9, 11, 16, 17, 18, 24, 31 and 32.

Irreparable harm and injunctive relief. You acknowledge that unauthorized extraction, use or redistribution of the Platform Data would cause Boriken irreparable harm for which monetary compensation would not be an adequate remedy, and you agree that Boriken shall be entitled to obtain injunctive relief, restraining orders and cease-and-desist orders, temporary and permanent, without the need to post a bond or to prove monetary damages, in addition to any other available remedy.

Penalty clause. Because the harm caused by unauthorized extraction, reproduction, retention, redistribution or exploitation of the Platform Data is real but difficult to quantify, you agree that, for each breach of sections 6, 8 or 9, you will pay Boriken, as a penalty clause and as a reasonable advance estimate of that harm, the greater of: (i) five thousand dollars (US$5,000.00) per breach, plus one hundred dollars (US$100.00) for each property record, report, image or other item of Platform Data extracted, reproduced, retained, shared or used in the breach; or (ii) fifty percent (50%) of the gross revenue, fees, commissions or any other economic benefit obtained, directly or indirectly, by you or by third parties through you, from the breach or from products, services, transactions or contacts derived from it. Each owner, heir, occupant or person contacted; each publication, delivery or making available to a third party; each product, service, list or database in which the data is used; and each day on which the breach continues after notice from Boriken constitutes a separate breach. The penalty is payable without proof of harm and, by express agreement, does not replace or limit compensation for the harm actually suffered, restitution of the benefits obtained, injunctive relief, the fees under this section or any other remedy, all of which Boriken may claim cumulatively. Where applicable law, including copyright, trade secret, unfair competition or computer-misuse laws, allows a greater award, penalty or sanction, including statutory, multiple or punitive damages, Boriken may claim that greater amount up to the maximum the law allows, instead of the penalty or, where the law permits, in addition to it. If a court finds the penalty excessive, it shall be reduced only to the extent strictly necessary, and the maximum penalty the law allows shall apply. Those who act in concert with you, on your behalf or for your benefit are jointly and severally liable. This clause shall be construed in accordance with the provisions of the Civil Code of Puerto Rico on obligations with a penalty clause.

Fees. If Boriken prevails, in whole or in part, in any action or proceeding to enforce sections 5 to 9, 11, 13 or 18, you will pay the reasonable attorney fees, costs and expenses incurred, including those of technical investigation.

Cooperation. Boriken may report illegal activities to the competent authorities, cooperate in investigations, and retain and produce access and acceptance records in accordance with the law.

If you believe content posted on the Platform infringes your copyright, you may send a notification pursuant to the Digital Millennium Copyright Act (DMCA) to contacto@estorbos.com including: (a) Identification of the copyrighted work you claim has been infringed; (b) Identification of the infringing material and its location on the Platform; (c) Your contact information (name, address, phone, email); (d) A good faith statement that the use is not authorized; (e) A statement under penalty of perjury that the information is accurate and that you are the rights holder or authorized to act on their behalf; (f) Your physical or electronic signature. We will respond to valid DMCA notifications in a timely manner and may remove or disable access to allegedly infringing material.

If you come across a site, service, product or person that reproduces, redistributes or commercially exploits the Platform Data without authorization, we would be grateful if you reported it to contacto@estorbos.com with the location of the material. Boriken actively enforces its rights.

The use of your information is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you agree to our collection and use of information as described in that policy, including: (a) Display of advertisements through Google AdSense, which uses advertising cookies to show relevant ads; (b) Use of Google Analytics, Microsoft Clarity, PostHog and other analytics tools that collect data about your interaction with the Platform; (c) Possible future incorporation of advertising platform measurement pixels, which will be reflected in the Privacy Policy; (d) Setting of third-party cookies on your device by advertising and analytics services; (e) Processing of technical and browsing data by these services under their own privacy policies; (f) Retention of the acceptance records described in section 1. We do not directly share your name, email or phone number with advertisers. To exercise your rights over your data, adjust your advertising preferences, or for information on how we handle data of California residents (CCPA/CPRA), the European Union (GDPR), the United Kingdom (UK GDPR) or other jurisdictions, please see our Privacy Policy.

The Platform integrates third-party services, including analytics tools (Google Analytics, Microsoft Clarity, PostHog), advertising services (Google AdSense), infrastructure, database and storage providers (Vercel, Supabase), data from government sources (CRIM, municipalities), and other substantially similar services we may integrate. These services are provided and operated by their respective providers and are subject to their own terms of service and privacy policies. WE ARE NOT RESPONSIBLE for: (a) The accuracy, security, availability or privacy of data processed by these services; (b) Any data breaches, unauthorized access or misuse of information by these providers; (c) Changes to the policies, terms, pricing or practices of these services; (d) The content, availability, legality or conduct of advertisements displayed; (e) The accuracy or availability of CRIM data, municipal records or other government sources; (f) Interruptions, errors or failures in these services; (g) Any damages resulting from the use of these technologies, from interaction with advertisements, or from accessing third-party websites through links on our Platform.

By creating an account, subscribing to notifications or submitting a report through the Platform, you consent to receive transactional electronic communications from us, including confirmation emails, notifications about your report or your account, and legal notices such as notice of a new version of these Terms. If you tick the email box when creating your account, or enable notifications later, you also consent to receive alerts of newly declared estorbos, legislative changes and Platform updates; you may cancel those emails at any time using the link at the bottom of each message or from your account settings, without affecting your acceptance of these Terms. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. If you enable push notifications on a device, you also consent to receive these alerts on that device; you may disable them at any time from your account settings, your browser or your device settings.

Access to the municipal portal is granted to officials and employees designated by a municipality with a collaborative agreement in force. Those users access only for the official purposes of the municipality, with personal and non-transferable credentials, and may not share, export or hand over to third parties outside the municipality the Platform Data, the data of applicants or the files of letters of intent, without prejudice to the obligations of the municipality under public records laws. In case of conflict, the corresponding collaborative agreement prevails over this section.

If a dispute arises between you and Boriken relating to these Terms or the use of the Platform, both parties agree to attempt to resolve it in good faith through direct communication for a period of thirty (30) days before initiating any formal proceedings. The dispute notification must be sent to contacto@estorbos.com describing the nature of the dispute and the desired resolution. If not resolved during the negotiation period, any dispute shall be resolved exclusively in the state or federal courts with jurisdiction in Puerto Rico. The negotiation period does not apply to claims by Boriken for breach of sections 5 to 9, 13 or 18, and does not prevent either party from seeking urgent injunctive relief.

We shall not be liable for any failure or delay in performing our obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to: natural disasters (including hurricanes, earthquakes and floods), epidemics or pandemics, acts of war or terrorism, internet or telecommunications infrastructure failures, power outages, governmental actions, strikes, or any other force majeure event.

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while maximally preserving the original intent of the parties, or shall be severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

The failure or delay by Boriken to exercise any right or remedy under these Terms shall not constitute a waiver of such right or remedy. No waiver shall be effective unless in writing and signed by an authorized representative of Boriken.

You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without prior notice.

These Terms, together with the Privacy Policy and any other legal notice posted on the Platform, constitute the entire agreement between you and Boriken regarding the use of the Platform, and supersede any prior agreements, understandings or representations, oral or written, relating to the same. Data Licenses and collaborative agreements with municipalities are separate instruments governing the relationship between Boriken and each licensee or municipality, and do not grant additional rights, benefits or obligations to the other users of the Platform.

Boriken may modify these Terms. Each version carries an effective date shown on this page; earlier versions are kept and a copy may be requested by writing to contacto@estorbos.com. Changes take effect on the stated effective date. For users with an account, substantial changes are presented for express acceptance the next time they use the account, and that acceptance is recorded under section 1; for other visitors, continued use of the Platform after the effective date constitutes acceptance. For substantial changes that materially affect your rights or obligations, we will make a reasonable effort to notify registered users by email. It is your responsibility to review these Terms periodically.

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and the applicable federal laws of the United States, without giving effect to conflict of law principles. Any dispute not resolved under section 24 shall be resolved exclusively in the state or federal courts with jurisdiction in Puerto Rico. You irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objection based on inconvenient forum. Notwithstanding the foregoing, Boriken may seek injunctive relief, or recognize and enforce a judgment, before any competent court of the place where you reside, have your seat, operate or hold assets. For users outside the United States: by using this Platform, you agree that disputes will be resolved in Puerto Rico under the indicated laws, without prejudice to any mandatory rights that the laws of your jurisdiction of residence grant you and that cannot be excluded by contract.

These Terms are written in Spanish and are offered in English translation for the convenience of users. In case of discrepancy, ambiguity or doubt of interpretation between the two versions, the Spanish version prevails.

For questions, legal notices, DMCA claims, Data License requests, reports of unauthorized use, or any matter related to these Terms, contact us at: Boriken Civic Technology Corporation, 1654 Calle Tulipán, Ste 100, San Juan, PR 00927. Email: contacto@estorbos.com