Terms of Service
Last updated: March 5, 2026
IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE FIMAC PLATFORM. BY ACCESSING, BROWSING, OR USING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS PLATFORM AND MUST IMMEDIATELY DISCONTINUE ACCESS.
1. Definitions
- "Platform" refers to the FIMAC website, application, and all associated services, features, and content.
- "FIMAC", "Company", "we", "our", or "us" refers to Financial Investment Management Advisory & Consultants.
- "User", "you", or "your" refers to any individual or entity accessing or using the Platform.
- "Investor" refers to a registered user with an active investor account.
- "Seller" refers to any individual or entity that submits a property listing request through the Platform.
- "Content" refers to all text, images, data, information, listings, documents, and materials available on or through the Platform.
- "Services" refers to all features, tools, and functionalities provided through the Platform.
2. Acceptance and Eligibility
By accessing or using the Platform, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into these Terms; (c) you are not prohibited from using the Platform under any applicable law or regulation; and (d) all information you provide is truthful, accurate, current, and complete. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. Description of Services
FIMAC provides a digital platform that provides qualified investors with access to exclusive hospitality properties. Our services include, but are not limited to:
- Property listing, showcase, and marketing services
- Investor account registration, management, and verification
- Investment advisory information and market insights
- Facilitated communication between parties through the Platform
FIMAC ACTS SOLELY AS AN INTERMEDIARY PLATFORM. WE DO NOT ACT AS A REAL ESTATE BROKER, AGENT, FINANCIAL ADVISOR, ATTORNEY, OR FIDUCIARY IN ANY CAPACITY. WE DO NOT PROVIDE LEGAL, TAX, FINANCIAL, OR INVESTMENT ADVICE. ALL INFORMATION ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING ANY INVESTMENT DECISIONS.
4. User Accounts
4.1 Registration
To access certain features, you must create an investor account using your email address or through Google Sign-In. You are solely responsible for:
- Providing and maintaining accurate, complete, and current account information
- Maintaining the security and confidentiality of your login credentials
- All activities and transactions that occur under your account, whether authorized or unauthorized
- Immediately notifying FIMAC of any unauthorized access to or use of your account
FIMAC SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE OBLIGATIONS OR FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT.
4.2 Account Verification and Due Diligence
FIMAC reserves the absolute right, at its sole discretion, to verify the identity, financial qualifications, and background of any User. You may be required to provide proof of funds, government-issued identification, or other documentation. Failure to comply with verification requests may result in restricted access or account termination. FIMAC makes no representation regarding the verification status of any User on the Platform.
4.3 Account Suspension and Termination
We reserve the right to suspend, restrict, or permanently terminate your account at any time, with or without cause, with or without prior notice, and without any liability to you. Grounds for termination include, but are not limited to: violation of these Terms, suspected fraudulent activity, inactivity, or any conduct deemed harmful to the Platform, other Users, or FIMAC.
WHILE FIMAC ENDEAVORS TO PRESENT ACCURATE PROPERTY INFORMATION, WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES — WHETHER EXPRESS, IMPLIED, OR STATUTORY — REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR SUITABILITY OF ANY LISTING INFORMATION, INCLUDING BUT NOT LIMITED TO PROPERTY DESCRIPTIONS, VALUATIONS, FINANCIAL PROJECTIONS, PHOTOGRAPHS, DIMENSIONS, OR ANY OTHER DATA DISPLAYED ON THE PLATFORM. All listing information is provided by independent sources and has not been independently verified by FIMAC unless explicitly stated otherwise. Investors are strongly advised to conduct thorough independent due diligence, including but not limited to property inspections, title searches, financial audits, and consultation with qualified legal and financial professionals before entering into any transaction.
6. No Guarantee of Transactions or Returns
FIMAC DOES NOT GUARANTEE THAT: (A) ANY PROPERTY LISTING WILL RESULT IN A COMPLETED TRANSACTION; (B) ANY INVESTMENT WILL GENERATE A RETURN OR PROFIT; (C) ANY FINANCIAL PROJECTIONS OR ESTIMATES PRESENTED ON THE PLATFORM ARE ACCURATE OR WILL BE ACHIEVED; (D) ANY PROPERTY WILL APPRECIATE IN VALUE; OR (E) ANY INVESTOR ON THE PLATFORM IS TRUSTWORTHY, CREDITWORTHY, OR WILL FULFILL THEIR OBLIGATIONS.All investment decisions are made at your own risk and sole discretion. Past performance is not indicative of future results.
7. Intellectual Property Rights
All content on the Platform, including but not limited to text, graphics, logos, trademarks, trade names, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement thereof (collectively, "Intellectual Property"), is the exclusive property of FIMAC or its licensors and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any of the Intellectual Property without the prior written consent of FIMAC, except as expressly permitted by these Terms.
8. Prohibited Activities
You expressly agree that you will NOT:
- Use the Platform for any unlawful, fraudulent, or unauthorized purpose
- Provide false, misleading, or deceptive information
- Attempt to gain unauthorized access to other accounts, computer systems, or networks
- Interfere with, disrupt, or place an undue burden on the Platform or its infrastructure
- Use any automated system, bot, scraper, or data mining tool to access the Platform
- Harvest, collect, or store personal information of other Users without their consent
- Transmit viruses, malware, trojans, or any harmful or disruptive code
- Circumvent or attempt to circumvent any security features of the Platform
- Use the Platform to compete with or create a competing service to FIMAC
- Engage in money laundering, terrorist financing, or any sanctioned activity
- Violate any applicable local, state, national, or international law or regulation
- Disclose confidential information obtained through the Platform to unauthorized parties
Violation of these prohibitions may result in immediate account termination and may subject you to civil and criminal liability.
9. Confidentiality and Non-Disclosure
Access to certain property details, financials, and proprietary information may require execution of a Non-Disclosure Agreement (NDA). By signing the Platform NDA (electronically or otherwise), you irrevocably agree to: (a) maintain strict confidentiality of all confidential information; (b) not disclose, share, copy, or distribute any confidential information to any third party; (c) use confidential information solely for evaluating potential investment opportunities; and (d) return or destroy all confidential information upon request. Breach of NDA obligations may result in immediate legal action, including injunctive relief and monetary damages.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FIMAC HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT; AND (E) WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIMAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY THROUGH THE PLATFORM; (C) ANY CONTENT, INFORMATION, OR MATERIAL OBTAINED THROUGH THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (E) ANY INVESTMENT DECISION MADE BASED ON INFORMATION AVAILABLE ON THE PLATFORM; OR (F) ANY OTHER MATTER RELATED TO THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER FIMAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, FIMAC'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO FIMAC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100.00 USD). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.
12. Indemnification
You agree to defend, indemnify, and hold harmless FIMAC, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, actions, demands, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content, data, or information you submit or transmit through the Platform; (e) your negligence or willful misconduct; or (f) any transaction or dispute between you and any third party. This indemnification obligation shall survive the termination of these Terms and your use of the Platform.
13. Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY INVESTMENT DECISIONS MADE IN CONNECTION WITH THE PLATFORM ARE AT YOUR SOLE AND EXCLUSIVE RISK. REAL ESTATE INVESTMENT INVOLVES SIGNIFICANT RISKS, INCLUDING BUT NOT LIMITED TO MARKET VOLATILITY, ILLIQUIDITY, REGULATORY CHANGES, ENVIRONMENTAL LIABILITIES, AND TOTAL LOSS OF INVESTED CAPITAL. FIMAC DOES NOT EVALUATE THE SUITABILITY OF ANY INVESTMENT FOR YOUR PARTICULAR CIRCUMSTANCES. YOU ARE SOLELY RESPONSIBLE FOR ALL INVESTMENT DECISIONS AND THEIR OUTCOMES.
14. Third-Party Services and Integrations
The Platform may integrate with or contain links to third-party services, including but not limited to Google OAuth for authentication. Your use of such third-party services is governed by their respective terms and privacy policies. FIMAC is not responsible for, does not endorse, and makes no representations regarding any third-party services, their content, their privacy practices, or their availability.
15. Dispute Resolution
15.1 Negotiation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute"), the parties shall first attempt to resolve the Dispute through good-faith negotiation for a period of thirty (30) days following written notice of the Dispute.
15.2 Binding Arbitration
If a Dispute cannot be resolved through negotiation, the Dispute shall be submitted to final and binding arbitration. The arbitration shall be conducted in accordance with recognized arbitration rules. The arbitrator's decision shall be final and binding on all parties, and judgment upon the award may be entered in any court of competent jurisdiction.
15.3 Class Action Waiver
YOU AND FIMAC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
16. Governing Law
These Terms of Service shall be governed by, construed, and enforced in accordance with the applicable laws of the jurisdiction in which FIMAC is incorporated, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the courts located within such jurisdiction for any actions not subject to arbitration.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity, legality, or enforceability of the remaining provisions. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
18. Entire Agreement
These Terms, together with the Privacy Policy, any NDAs executed through the Platform, and any other agreements expressly referenced herein, constitute the entire agreement between you and FIMAC and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.
19. No Waiver
The failure of FIMAC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of FIMAC.
20. Force Majeure
FIMAC shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, government actions, embargoes, power failures, internet outages, telecommunications failures, or cyberattacks.
21. Changes to Terms
FIMAC reserves the right to modify, amend, or update these Terms at any time and for any reason at its sole discretion. Changes will be effective immediately upon posting to the Platform with an updated "Last updated" date. Your continued use of the Platform following the posting of revised Terms constitutes your binding acceptance of such changes. It is your responsibility to review these Terms periodically.
22. Contact Information
For questions, concerns, or legal inquiries regarding these Terms of Service, please contact:
- Email: legal@fimac-group.com
- Website: Contact Page