Terms of Service

1. Acceptance of Terms

By accessing and using CayLiving ("the Platform"), you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service ("Terms") govern your use of our website and services.

CayLiving is operated by Barefoot Marketing (Cayman Islands).

Last Updated: August 20, 2025

Effective Date: August 20, 2025

2. Description of Service

CayLiving is a real estate marketing and discovery platform that provides:

• Property listings for sale and rent in the Cayman Islands
• Property search and discovery tools
• Professional services directory
• Property alert notifications
• Automated property valuation estimates
• Connection between property seekers and real estate professionals

2.1 Platform Role & Non-Brokerage Status

CayLiving is an independent, Cayman-focused marketing and discovery platform designed to complement existing real estate marketing channels. The platform does not:

• Act as a real estate brokerage or licensed agent
• Represent buyers, sellers, landlords, or tenants
• Participate in property negotiations
• Handle contracts, deposits, or property transactions of any kind

All property enquiries submitted through the platform are routed directly to the registered listing agent, owner, developer, or authorised representative. CayLiving does not act as a middleman or intermediary in any property transaction.

3. User Accounts and Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activities.

4. Property Listings and Content

4.1 Listing Accuracy and Ownership Verification

Users who submit property listings must ensure all information is accurate, current, and complete. Misleading or false information is prohibited.

Ownership Verification: By listing a property, you represent and warrant that you:

• Are the legal owner of the property, or
• Have explicit written authorization from the owner to list the property
• Have the legal right to advertise and market the property
• Possess all necessary permits and approvals for the property listing

4.2 Content Standards

All content must be:

• Legally compliant with Cayman Islands laws
• Free from discriminatory language
• Factually accurate and verifiable
• Appropriate and professional

4.3 Content Moderation

We reserve the right to review, approve, reject, or remove any content that violates these Terms or applicable laws.

4.4 FSBO (For Sale By Owner) Listings

For properties listed directly by owners without real estate agent representation:

• You acknowledge full responsibility for all aspects of the property transaction
• You understand that CayLiving provides listing services only and does not represent you in any transaction
• You are responsible for compliance with all legal requirements for property sales or rentals
• You must handle all negotiations, documentation, and closing procedures independently

4.5 Listing on Behalf of Agents & Authorised Representatives

Property listings displayed on the platform may be:

• Submitted directly by property owners, agents, developers, or their appointed representatives; or
• Uploaded by CayLiving on behalf of authorised agents, developers, or their marketing representatives, where listing materials and consent have been provided.

By supplying listing materials (including photographs, brochures, PDF summaries, descriptions, or other marketing content), the submitting party confirms that they are authorised to market and distribute the property information for public promotional and discovery purposes.

If any agent, brokerage, or authorised party believes content has been published without proper approval, they may contact CayLiving to request review, amendment, or removal, and CayLiving will act promptly on any verified request.

5. Prohibited Activities

Users are prohibited from:

• Posting false, misleading, or fraudulent listings
• Using the platform for illegal activities
• Harassing or discriminating against other users
• Attempting to circumvent platform security measures
• Scraping or unauthorized data collection
• Posting duplicate or spam listings
• Violating intellectual property rights

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.1 Data Collection

We collect information necessary to provide our services and comply with legal requirements.

6.2 Data Security

We implement appropriate security measures to protect your personal information.

7. Listing Fees and Refund Policy

7.1 Fee Structure

CayLiving may charge fees for certain listing services, including but not limited to:

• Premium listing placements
• Featured property advertisements
• Extended listing duration
• Additional marketing services

7.2 Payment Terms

All listing fees are due at the time of service activation. Payment must be made through approved payment methods.

7.3 Refund Policy

Non-Refundable Fees: All listing fees are non-refundable once your listing goes live on the platform, except in cases where:

• CayLiving fails to provide the promised service due to technical issues on our end
• Your listing is rejected due to our error (not due to policy violations)
• Required by applicable consumer protection laws

Refund requests must be submitted within 7 days of payment and will be evaluated on a case-by-case basis.

7.4 Free Platform & Marketing Visibility Disclaimer

At launch, CayLiving is offered as a free platform to support property visibility and market discovery within the Cayman Islands. Listing on the platform does not constitute a paid advertising service, brokerage agreement, or exclusive marketing arrangement unless otherwise expressly agreed in writing.

Inclusion of a listing on CayLiving is for marketing and discovery purposes only and does not guarantee:

• A minimum number of enquiries or leads
• Any specific level of search visibility or impressions
• A transaction, sale, rental, or any other commercial outcome

CayLiving makes no representations about the volume or quality of enquiries a listing will generate, and shall not be held liable for any expectation of commercial results arising from use of the platform.

8. Third-Party Services

Our platform may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites.

9. Intellectual Property

9.1 Platform Rights

CayLiving and its content are protected by copyright, trademark, and other intellectual property laws.

9.2 User Content

By submitting content, you grant us a license to use, display, and distribute your content on our platform.

9.3 Use of Marketing Materials & Public Listing Information

Property images, descriptions, and listing details published on CayLiving are sourced from:

• Authorised agents or brokerages
• Marketing representatives acting on behalf of property owners or developers
• Developer-supplied promotional materials
• Publicly marketed property information approved for promotional use

CayLiving does not claim ownership of third-party listing content and displays such materials solely to facilitate property discovery and marketing visibility within the Cayman Islands market. All intellectual property rights in listing content remain with the originating agent, brokerage, developer, or owner.

If any agent, brokerage, or authorised party believes content has been published without proper approval, they may contact CayLiving at hello@cayliving.ky to request review, amendment, or removal. CayLiving will act promptly on any verified request.

10. Disclaimers and Limitations

10.1 Service Availability

We strive to maintain service availability but do not guarantee uninterrupted access to our platform.

10.2 Accuracy of Listings & Listing Party Responsibility

While CayLiving aims to present accurate and up-to-date information, all listing details — including pricing, availability, specifications, and property status (active, sold, rented, or under contract) — are provided by the listing party or their authorised representative.

CayLiving does not independently verify listing accuracy, ownership, legal status, or regulatory compliance and shall not be held liable for inaccuracies, omissions, or outdated information. Users are encouraged to confirm all details directly with the listing agent, owner, or authorised representative before making any decisions.

10.3 No Guarantee of Sale or Rental

Important Notice: CayLiving does not guarantee that any property listed on our platform will sell or rent within any specific timeframe or at any particular price. Property transactions depend on numerous market factors beyond our control, including but not limited to:

• Market conditions and demand
• Property condition and pricing
• Economic factors
• Buyer or tenant availability and financing

Results may vary significantly, and past performance of similar listings does not guarantee future results.

10.4 Limitation of Liability

To the fullest extent permitted by law, CayLiving shall not be liable for indirect, incidental, special, or consequential damages.

10.5 User Indemnification

You agree to indemnify, defend, and hold harmless CayLiving, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the platform or services
• Your property listings or any content you submit
• Your violation of these Terms of Service
• Your violation of any applicable laws or regulations
• Any disputes or issues arising from your property transactions
• Any claims of ownership or authorization disputes related to listed properties

This indemnification obligation shall survive termination of your account or these Terms.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Cayman Islands. Any disputes shall be resolved in the courts of the Cayman Islands.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our platform constitutes acceptance of modified Terms.

13. Platform Independence & Industry Positioning

CayLiving is not affiliated with, endorsed by, or a replacement for any Multiple Listing Service (MLS), brokerage network, industry association, or regulatory body operating within the Cayman Islands or internationally.

Listings displayed on the platform remain the responsibility of the respective agents, owners, developers, or authorised representatives who provide or approve the marketing materials for display. CayLiving's role is limited to facilitating marketing visibility and property discovery.

Nothing on this platform should be construed as constituting a listing agreement, exclusive marketing arrangement, agency relationship, or professional endorsement of any kind between CayLiving and any agent, brokerage, or property owner.