Terms and Conditions

TERMS AND CONDITIONS

WinWinCR.com — For-Sale-By-Owner Real Estate Platform

Southern Zone of Costa Rica | Dominical · Uvita · Ojochal · Tres Ríos

Effective Date: August 1, 2026


IMPORTANT NOTICE: Please read these Terms and Conditions carefully before using the WinWinCR.com platform. By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue your use of the platform.

These Terms and Conditions constitute a legally binding agreement between you (the “User”) and WinWinCR.com. They govern all use of the website, its content, and any à la carte services offered therein.

Article 1 – Preamble and Presentation

1.1 Legal Identity and Contact Information

WinWinCR.com (hereinafter referred to as “the Platform,” “the Company,” or “WinWinCR”) is a digital real estate platform dedicated to the publication and facilitation of for-sale-by-owner (FSBO) real estate transactions in Costa Rica. The Platform operates under the applicable laws of the Republic of Costa Rica and adheres voluntarily to the professional standards established by the Cámara Costarricense de Corredores de Bienes Raíces (CCCBR).

Contact Information:

Website: www.WinWinCR.com
Legal Inquiries: legal@winwincr.com
General Contact: info@winwincr.com
Geographic Area of Operations: Southern Zone of Costa Rica — Dominical, Uvita, Ojochal, and Tres Ríos (Provinces of Puntarenas and Osa)

1.2 Purpose and Scope

These Terms and Conditions (hereinafter “Terms,” “T&C,” or “Agreement”) govern the access to and use of the WinWinCR.com website and all related services, including but not limited to the publication of property listings, the purchase of à la carte services, and any communication conducted through or in connection with the Platform.

These Terms apply to all Users of the Platform, whether they access it as visitors, registered account holders, property sellers, prospective buyers, or service purchasers. The Terms apply equally to natural persons and legal entities (corporations, trusts, or other legally recognized entities) accessing the Platform from any jurisdiction.

1.3 Effective Date

These Terms and Conditions enter into force on August 1, 2026, and supersede any prior versions or agreements previously published on the Platform.

1.4 Language

The official and legally binding version of these Terms and Conditions is written in Spanish. This English-language document constitutes a reference translation for the convenience of international Users. In the event of any discrepancy or conflict between the Spanish and English versions, the Spanish version shall prevail in all circumstances.

Article 2 – Acceptance of Terms of Use

2.1 Implied Consent Through Use

By accessing, browsing, or otherwise using any part of the WinWinCR.com website, Users are deemed to have read, accepted, and agreed to be bound by these Terms and Conditions in their entirety, without reservation or qualification. This acceptance is effective regardless of whether the User has created an account or purchased any service. Access to the Platform constitutes full and unconditional acceptance of these Terms.

If a User does not agree to these Terms, they must immediately cease all use of the Platform and refrain from accessing any of its pages, services, or content.

2.2 Conditions for Minors

The WinWinCR.com Platform is intended exclusively for use by natural persons who have reached the age of majority (18 years of age or older) under the laws of the Republic of Costa Rica, or by legally constituted entities acting through authorized adult representatives. The Platform is not designed for, directed at, or intended to be used by minors.

By using this Platform, Users represent and warrant that they are at least 18 years of age. If WinWinCR.com discovers or has reasonable grounds to believe that a User is a minor, it reserves the right to immediately suspend or terminate that User’s access without prior notice and without liability of any kind.

2.3 Amendments to These Terms and Conditions

WinWinCR.com reserves the right to amend, modify, update, or replace these Terms and Conditions at any time, at its sole discretion, and without prior notice to individual Users, subject to applicable law. Any amendments shall take effect immediately upon publication of the revised Terms on the Platform, unless a different effective date is expressly stated.

It is the sole responsibility of each User to periodically review these Terms in order to remain informed of any changes. Continued use of the Platform following the publication of any amendment shall constitute the User’s acceptance of the revised Terms. WinWinCR.com shall not be liable to any User for any failure to provide individual notice of changes to these Terms.

Article 3 – Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings ascribed to them below, unless the context expressly requires otherwise:

TermDefinition
“User”Any natural person or legal entity that accesses, browses, or uses the WinWinCR.com Platform in any capacity, including but not limited to visitors, registered account holders, Sellers, and Buyers.
“Seller”Any User who publishes a property listing on the Platform, whether as a private individual, a real estate developer, or a legal entity authorized to offer real property for sale in Costa Rica. The Seller represents and warrants that they possess the legal authority to offer the listed property for sale.
“Buyer”Any User who accesses the Platform with the intention of searching for, inquiring about, or acquiring real property. Buyers may be local Costa Rican nationals, expatriate residents, or foreign investors from any jurisdiction.
“Property”Any parcel of real estate, immovable asset, land, residential dwelling, commercial structure, agricultural land, or any other form of real property located within the geographic coverage area of WinWinCR.com (Southern Zone of Costa Rica) and advertised on the Platform for sale.
“Listing”A digital publication created by a Seller on the Platform containing descriptive information, photographs, pricing, and other details pertaining to a specific Property offered for sale.
“À la Carte Services”Optional, individually purchasable services offered by WinWinCR.com to Sellers and/or Buyers, including but not limited to listing publication packages, professional photography, virtual tours, bilingual property description writing, listing translation, purchase offer drafting assistance, and notarial referral services, as further described in Article 7.
“Platform”The WinWinCR.com website, including all its pages, subdomains, content, features, tools, and à la carte services accessible at www.WinWinCR.com and any related digital interfaces.
“Content”All text, photographs, images, videos, virtual tours, maps, data, graphics, descriptions, and any other material published on or through the Platform, whether created by WinWinCR.com, its partners, or by Users.
“CCCBR”The Cámara Costarricense de Corredores de Bienes Raíces (Costa Rican Chamber of Real Estate Brokers), the professional body governing real estate brokerage practices in Costa Rica, whose standards WinWinCR.com voluntarily adopts as a professional benchmark.
“Registro Nacional”The National Registry of the Republic of Costa Rica (Registro Nacional de Costa Rica), the official governmental body responsible for recording and certifying real property titles, mortgages, liens, encumbrances, and related legal instruments.
“ZTMT”The Zona Marítimo Terrestre (Maritime Terrestrial Zone), a regulated coastal zone established under Costa Rican Law No. 6043 and subject to specific legal restrictions regarding private ownership and use, as further described in Article 6.

Article 4 – Use of the Platform

4.1 Authorized Access

Access to WinWinCR.com is granted to Users for lawful, personal, or commercial purposes that are consistent with these Terms and applicable Costa Rican law. Users are permitted to browse Listings, contact Sellers through available communication channels, purchase À la Carte Services, and access informational content published on the Platform.

WinWinCR.com reserves the right to restrict, suspend, or terminate access for any User at any time, with or without cause, and without prior notice, if the Company has reasonable grounds to believe that the User has violated these Terms, applicable law, or the rights of third parties.

4.2 Account Creation

Certain features of the Platform may require the creation of a User account. Where account creation is required or offered, the User agrees to: (i) provide accurate, current, and complete registration information; (ii) maintain the confidentiality of their login credentials; (iii) accept full responsibility for all activities conducted through their account; and (iv) promptly notify WinWinCR.com of any suspected unauthorized use of their account.

WinWinCR.com shall not be liable for any loss or damage arising from the User’s failure to maintain the security of their account credentials.

4.3 Prohibited Conduct

Users agree not to engage in any of the following prohibited activities on or in connection with the Platform:

  1. Publishing false, misleading, inaccurate, or fraudulent information regarding any property or identity;
  2. Impersonating any person, entity, or legal representative, including property owners, attorneys, notaries, or WinWinCR.com personnel;
  3. Using the Platform for the transmission of unsolicited commercial messages (spam), phishing communications, or any form of electronic harassment;
  4. Circumventing, disabling, or otherwise interfering with any security feature, access control mechanism, or technical protection measure implemented by the Platform;
  5. Scraping, harvesting, extracting, or systematically collecting User data, Listing information, or any other Content from the Platform by automated means without prior written authorization;
  6. Using the Platform to facilitate money laundering, tax evasion, fraud, or any other activity prohibited under Costa Rican law or applicable international regulations;
  7. Publishing duplicate Listings, artificially inflated pricing, or Content designed to mislead prospective Buyers regarding the nature, condition, legal status, or availability of a Property;
  8. Attempting to redirect transactions away from the Platform in order to circumvent applicable service fees or contractual obligations;
  9. Publishing Listings for Properties located outside the geographic coverage area defined in Section 4.4 of these Terms;
  10. Engaging in any conduct that could damage the reputation, integrity, or legal standing of WinWinCR.com or its affiliated partners.

4.4 Geographic Coverage Restriction

The WinWinCR.com Platform is expressly designed to serve the real estate market of the Southern Zone of Costa Rica. Only Properties physically located within the following municipalities and areas are eligible for listing publication:

  • Dominical (Canton of Osa and Canton of Pérez Zeledón)
  • Uvita (District of Bahía Ballena, Canton of Osa)
  • Ojochal (District of Térraba, Canton of Osa)
  • Tres Ríos and surrounding areas within the Province of Puntarenas and Osa region

Properties located outside this defined geographic area will not be accepted for publication on the Platform. WinWinCR.com reserves the right to remove any Listing that does not comply with this geographic restriction, without refund of any service fees already paid.

Article 5 – Seller Obligations and Responsibilities

5.1 Accuracy and Truthfulness of Published Information

Sellers bear sole and exclusive responsibility for the accuracy, completeness, and truthfulness of all information contained in their Listings. This includes, without limitation, the asking price, property dimensions, construction area, legal status, zoning classification, description of features and amenities, access conditions, utility connections, and any restrictions or encumbrances affecting the Property.

WinWinCR.com does not independently verify the accuracy of Listing content provided by Sellers. Any misrepresentation — whether intentional or negligent — in a Listing is the sole legal and financial responsibility of the Seller. Sellers may be held liable to Buyers and to WinWinCR.com for any damages resulting from false or misleading information.

5.2 Legitimacy of the Right to Sell

By publishing a Listing on the Platform, the Seller represents and warrants, under penalty of civil and criminal liability, that:

  • They are the registered owner of the Property, or are a duly authorized representative of the registered owner (e.g., via power of attorney or corporate resolution);
  • The Property is free from any undisclosed encumbrances, liens, disputes, or restrictions that would materially affect a Buyer’s ability to acquire clear and marketable title;
  • No third party holds any superior or competing right to sell or transfer the Property;
  • The Seller has full legal capacity to enter into binding real estate transactions under Costa Rican law.

5.3 Required Legal Documentation

Sellers are required to have the following documentation available upon request from WinWinCR.com or from any serious prospective Buyer, and to provide accurate information derived from such documents in their Listings:

  1. Folio Real (Title Deed): The official property registration number in the Costa Rican Registro Nacional, confirming legal ownership;
  2. Cadastral Plan (Plano Catastrado): The official cadastral survey certified by the Registro Nacional, defining the property’s boundaries and measurements;
  3. Lien and Mortgage Certificate (Certificación de Gravámenes): A current certificate from the Registro Nacional confirming the absence or existence of mortgages, liens, easements, or other encumbrances on the Property;
  4. Municipal Certificate (Certificación Municipal): A certificate issued by the relevant municipal authority (Municipalidad) confirming that all municipal taxes and fees are current;
  5. Building Permits (Permisos de Construcción): Where applicable, proof that any existing structures on the Property were constructed with the required permits issued by the CFIA (Colegio Federado de Ingenieros y de Arquitectos) and the relevant municipality;
  6. ZTMT Concession Documentation: Where applicable, documentation confirming the existence, validity, and terms of any Maritime Terrestrial Zone concession granted by the relevant municipality.

5.4 Required Response Times

Sellers who publish Listings on the Platform commit to responding to inquiries from interested Buyers within a reasonable timeframe. WinWinCR.com recommends a maximum response time of 72 hours for all initial inquiries received through the Platform’s contact channels. Persistent non-responsiveness may result in the suspension or removal of a Seller’s Listings at the sole discretion of WinWinCR.com.

5.5 Listing Updates and Removal Upon Sale

Sellers are obligated to maintain the accuracy of their Listings at all times and to promptly update or remove Listings in the following circumstances:

  • When the Property has been sold, transferred, or otherwise is no longer available for purchase;
  • When the asking price has been modified;
  • When any material change in the legal or physical status of the Property occurs (e.g., new encumbrances, zoning changes, damage);
  • When the Seller withdraws the Property from the market for any reason.

Failure to remove or update a Listing within five (5) business days of any of the above events shall constitute a breach of these Terms. WinWinCR.com reserves the right to remove outdated Listings at its sole discretion, with or without notice to the Seller, and without any obligation to issue a refund.

5.6 Prohibition of Duplicate Listings and Contradictory Information

Each Property may be listed only once on the Platform at any given time. The publication of duplicate Listings for the same Property is strictly prohibited, regardless of whether the duplicates present different prices, descriptions, or contact information. Listings may not contain internally contradictory information or information that conflicts with the legal documentation pertaining to the Property. WinWinCR.com reserves the right to remove duplicate or contradictory Listings without notice and without refund of service fees.

Article 6 – Document Verification and Due Diligence

IMPORTANT LEGAL DISCLAIMER: WinWinCR.com is NOT a law firm, a public notary, a certified real estate attorney, or a licensed title insurance provider. Nothing on this Platform constitutes legal advice. The Platform does not verify the legal status, title, or encumbrances of any listed Property. All Users are strongly advised to engage independent legal counsel before entering into any real estate transaction.

6.1 Scope of WinWinCR.com’s Role

WinWinCR.com functions exclusively as an informational intermediary and digital marketing platform. The Company does not perform legal due diligence on behalf of any User. The Company does not verify, certify, or guarantee the accuracy of any documentation submitted by Sellers, nor does it confirm the legal title, encumbrance status, zoning compliance, construction legality, or market value of any Property listed on the Platform.

6.2 Recommendation to Engage Legal Counsel

WinWinCR.com strongly and expressly recommends that all Buyers and Sellers retain the services of a qualified Costa Rican attorney (abogado) and, where required by law, a licensed public notary (notario público) prior to executing any agreement, letter of intent, option contract, or deed of sale. In Costa Rica, the transfer of real property title must be executed before a Public Notary and duly registered with the Registro Nacional. No real estate transaction is legally complete without such notarial execution and registration.

6.3 The Costa Rican Registro Nacional System

The Registro Nacional de Costa Rica (National Registry) is the official governmental body responsible for the recording and certification of all real property transactions, titles, mortgages, liens, and encumbrances in the Republic of Costa Rica. The Registro Nacional operates under the authority of Law No. 5695 and its amendments. All prospective Buyers are advised to obtain an official property study (estudio registral) from the Registro Nacional or through a licensed attorney prior to completing any purchase.

WinWinCR.com may provide general informational guidance regarding the Registro Nacional system but does not act as a registrar or legal agent and does not guarantee the currency or completeness of any information derived from the Registro Nacional.

6.4 Maritime Terrestrial Zone (Zona Marítimo Terrestre – ZTMT) – Special Disclosures

Users are hereby expressly informed of the following critical legal framework governing properties located in or near Costa Rica’s coastal zones:

  • The Zona Marítimo Terrestre (ZTMT) is governed by Law No. 6043 of the Republic of Costa Rica. This law establishes that the first 200 meters from the mean high-tide line along Costa Rica’s coastlines are designated as a public domain zone.
  • The first 50 meters from the mean high-tide line constitute the Public Zone (Zona Pública), which is inalienable, imprescriptible, and cannot be subject to private ownership under any circumstances. No concession, permit, or agreement can grant private ownership of the Public Zone.
  • The subsequent 150 meters constitute the Restricted Zone (Zona Restringida), which may be subject to a concesión (concession) granted by the relevant municipality and approved by the Instituto Costarricense de Turismo (ICT). Such concessions are not equivalent to freehold ownership and are subject to renewal, modification, or revocation by governmental authorities.
  • Foreign nationals (non-Costa Rican citizens and non-residents) face additional restrictions under Law No. 6043 regarding eligibility to hold ZTMT concessions.
  • Any Listing involving a Property located within or adjacent to the ZTMT must prominently disclose this status. Sellers of ZTMT concession properties must clearly state in their Listing that the Property is held under a concession and not in fee simple (dominio pleno).

WinWinCR.com assumes no liability for any loss, legal dispute, or financial damage arising from a User’s failure to understand or comply with ZTMT regulations. Independent legal advice from a Costa Rican attorney specializing in maritime zone law is essential for any transaction involving ZTMT properties.

6.5 Limited Liability Regarding Due Diligence

WinWinCR.com expressly disclaims any and all liability for losses, damages, disputes, or legal proceedings arising from a User’s failure to conduct adequate due diligence prior to entering into any real estate transaction facilitated through or discovered on the Platform. The Platform’s role is limited to providing a medium for the publication and discovery of property listings and related services.

Article 7 – À la Carte Services

7.1 Description of Services Offered

WinWinCR.com offers a range of optional, individually purchasable services to Sellers and Buyers. The following non-exhaustive list describes the principal services available through the Platform:

ServiceDescription
Standard Listing PublicationPublication of a property listing on the Platform with standard visibility, including text description, photographs, and contact information, for a defined publication period.
Premium Listing PublicationEnhanced listing placement with featured visibility, priority positioning in search results, and extended publication duration.
Professional PhotographyOn-site professional photography services performed by a WinWinCR.com-affiliated photographer, producing high-resolution images suitable for publication and marketing materials.
Virtual ToursCreation and integration of a 3D or video-based virtual tour of the Property, embedded within the Listing for remote viewing by prospective Buyers.
Listing Translation (English / Spanish)Professional bilingual translation of Listing descriptions to ensure accessibility for both local and international Buyers.
Property Description WritingProfessional copywriting of compelling, accurate property descriptions in English and/or Spanish, based on information provided by the Seller.
Purchase Offer Drafting AssistanceAdministrative assistance in the preparation of a draft purchase offer document (oferta de compra), subject to review and execution by qualified legal counsel. This service does not constitute legal advice.
Notarial Referral ServicesReferral to a network of qualified Costa Rican public notaries and attorneys for the purpose of executing legal instruments related to real estate transactions. WinWinCR.com does not represent or guarantee the services of referred professionals.
Buyer-Seller MatchmakingActive facilitation of introductions between registered Buyers and Sellers whose profiles match stated preferences, within the Platform’s coverage area.

7.2 Pricing

The prices applicable to all À la Carte Services are those published on the WinWinCR.com website at the time of purchase. All prices are expressed in United States Dollars (USD) unless otherwise stated. WinWinCR.com reserves the right to modify its pricing schedule at any time without prior notice. Price changes shall not apply to services already purchased and paid for prior to the effective date of such changes. Published prices are exclusive of any applicable taxes, which shall be added at the time of invoicing in accordance with Costa Rican fiscal law.

7.3 Payment Terms and Refund Conditions

Payment for À la Carte Services is due in full at the time of purchase, unless otherwise specified in a separate service agreement. WinWinCR.com accepts payment through the methods indicated on the Platform at the time of transaction.

Refunds shall be governed by the following general policy:

  • Listing Publication Services: Refunds are not available once a Listing has been published on the Platform. In the event of a technical error attributable solely to WinWinCR.com that prevents publication, a full refund or service credit shall be offered.
  • Photography and Virtual Tours: Cancellations made more than 48 hours prior to the scheduled appointment shall be entitled to a full refund. Cancellations made within 48 hours of the appointment are non-refundable.
  • Writing and Translation Services: Refunds are not available once work has commenced on the requested service. If the service has not yet been initiated, a full refund may be requested within 24 hours of purchase.
  • Referral Services: Referral fees are non-refundable once a referral has been made, regardless of the outcome of any subsequent transaction.

7.4 Delivery Timelines

WinWinCR.com shall use reasonable commercial efforts to deliver purchased services within the timeframes indicated on the Platform or agreed upon at the time of purchase. Indicative timelines are as follows:

  • Listing Publication: Within 2 business days of receipt of all required information from the Seller;
  • Professional Photography: Scheduling subject to availability; delivery of edited photographs within 5 business days of the photo session;
  • Property Description Writing / Translation: Within 5 business days of receipt of all required source material;
  • Virtual Tours: Within 10 business days of the on-site recording session;
  • Referral Services: Initial referral provided within 3 business days of request.

Timelines may be extended due to force majeure events, delays in receiving required information from the Seller, or other circumstances beyond WinWinCR.com’s reasonable control. WinWinCR.com shall not be liable for damages arising from reasonable delivery delays.

7.5 No Sale Guarantee

WinWinCR.com expressly disclaims any guarantee, warranty, or representation that the purchase of any À la Carte Service will result in the sale of a Property, the receipt of offers, or any specific level of platform visibility or buyer interest. The Platform provides marketing and administrative tools only. The sale of any Property depends on market conditions, pricing, buyer demand, legal status, and numerous other factors entirely outside the control of WinWinCR.com.

Article 8 – Intellectual Property

8.1 Ownership of Platform Content

The WinWinCR.com Platform and all Content created, compiled, or published by WinWinCR.com — including but not limited to the website design, layout, structure, source code, trade name, logos, trademarks, service marks, graphic elements, editorial texts, data compilations, and proprietary tools — are the exclusive intellectual property of WinWinCR.com or its duly authorized licensors and partners. All such content is protected under the applicable intellectual property laws of the Republic of Costa Rica and applicable international treaties, including the Berne Convention for the Protection of Literary and Artistic Works.

8.2 User-Generated Content and License Grant

Sellers retain ownership of all photographs, texts, videos, and other original Content they upload to the Platform in connection with their Listings. However, by submitting Content to WinWinCR.com, each Seller grants to WinWinCR.com a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, display, distribute, adapt, translate, and promote such Content in connection with the operation and marketing of the Platform, for the duration of the Listing’s active status and for a reasonable period thereafter for archival and marketing purposes.

Sellers represent and warrant that all Content they upload is their original work or that they hold all necessary rights, licenses, and permissions required to grant the above license to WinWinCR.com without infringing the intellectual property or privacy rights of any third party.

8.3 Prohibition on Unauthorized Use

No part of the WinWinCR.com Platform or its Content may be reproduced, copied, republished, uploaded, distributed, transmitted, displayed, sold, licensed, modified, or otherwise commercially exploited without the prior express written authorization of WinWinCR.com. Unauthorized use of any Content constitutes an infringement of intellectual property rights and may give rise to civil and/or criminal liability under applicable Costa Rican and international law. Requests for authorization to reproduce Platform Content must be submitted in writing to legal@winwincr.com.

Article 9 – Limitation of Liability

9.1 Role of WinWinCR.com as Informational Intermediary

WinWinCR.com operates exclusively as an informational intermediary and digital marketing platform. The Company does not act as a licensed real estate broker, agent, attorney, notary, or fiduciary for any individual transaction facilitated through the Platform. WinWinCR.com does not represent either Sellers or Buyers in any real estate negotiation, and no agency, brokerage, fiduciary, or advisory relationship is created between WinWinCR.com and any User by virtue of these Terms or the use of the Platform.

9.2 Disclaimer Regarding Listing Accuracy

WinWinCR.com expressly disclaims all liability for errors, omissions, inaccuracies, or misrepresentations contained in Listings published by Sellers. The Company does not independently verify any information provided by Sellers. Buyers are solely responsible for independently verifying all material information regarding any Property prior to entering into any transaction. WinWinCR.com shall bear no liability for any financial loss, legal dispute, or damage of any nature arising from reliance on information contained in any Listing.

9.3 No Guarantee of Availability, Price, or Title

WinWinCR.com makes no representations or warranties, express or implied, regarding:

  • The current availability for sale of any Property listed on the Platform;
  • The accuracy or appropriateness of any asking price or valuation stated in any Listing;
  • The legal title, ownership status, encumbrance status, or transferability of any listed Property;
  • The compliance of any Property with applicable zoning, building, environmental, or maritime zone regulations.

9.4 Force Majeure

WinWinCR.com shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events or circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, earthquakes, floods, volcanic activity, governmental actions, civil unrest, strikes, internet or telecommunications failures, cyberattacks, or any other event constituting force majeure under the Civil Code of Costa Rica. In the event of a force majeure event, WinWinCR.com shall notify affected Users as promptly as reasonably practicable and shall resume performance as soon as circumstances permit.

9.5 Limitation of Damages

To the maximum extent permitted by applicable law, WinWinCR.com’s total aggregate liability to any User for all claims arising out of or related to these Terms, the Platform, or any services provided hereunder shall not exceed the total amount actually paid by that User to WinWinCR.com for the specific service giving rise to the claim in the twelve (12) months preceding the event giving rise to liability. Under no circumstances shall WinWinCR.com be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or reputational harm, even if WinWinCR.com has been advised of the possibility of such damages.

Article 10 – Personal Data Protection (Ley 8968 – Costa Rica)

10.1 Commitment to Data Privacy

WinWinCR.com is committed to protecting the personal data of its Users in full compliance with the Ley de Protección de la Persona frente al tratamiento de sus datos personales (Law No. 8968) of the Republic of Costa Rica, as well as its implementing regulations. The Company processes personal data solely for lawful purposes and in accordance with the principles of transparency, proportionality, and data minimization.

10.2 Types of Data Collected

WinWinCR.com may collect and process the following categories of personal data:

  • Identification data: full name, nationality, identification document number;
  • Contact data: email address, telephone number, mailing address;
  • Transaction data: records of services purchased, payment references (not full payment card data);
  • Property-related data: information about Properties listed or inquired about;
  • Behavioral data: search preferences, browsing activity on the Platform, communication history;
  • Technical data: IP addresses, browser type, device information, cookies, and similar tracking data.

10.3 Purpose of Data Processing

Personal data collected by WinWinCR.com is processed for the following specific and legitimate purposes:

  • Creation and management of User accounts;
  • Publication and management of Listings;
  • Delivery of purchased À la Carte Services;
  • Facilitation of communication between Buyers and Sellers;
  • Sending of relevant platform notifications, updates, and marketing communications (subject to the User’s consent where required);
  • Compliance with applicable legal obligations;
  • Improvement of the Platform’s functionality and User experience through analytics.

10.4 User Rights Under Ley 8968

In accordance with Law No. 8968, Users have the following rights with respect to their personal data held by WinWinCR.com:

  • Right of Access: The right to request confirmation of whether WinWinCR.com holds personal data relating to them and to obtain a copy of such data;
  • Right of Rectification: The right to request the correction of inaccurate or incomplete personal data;
  • Right of Deletion (Derecho de Supresión): The right to request the deletion of personal data, subject to any overriding legal obligations to retain such data;
  • Right to Object: The right to object to the processing of personal data for marketing purposes;
  • Right of Portability: The right to receive personal data in a structured, commonly used format.

To exercise any of the above rights, Users must submit a written request to legal@winwincr.com, including sufficient identification information to allow WinWinCR.com to locate and verify the relevant data. WinWinCR.com shall respond to all valid requests within the timeframe established by applicable law.

10.5 Data Sharing with Third Parties

WinWinCR.com does not sell, rent, or commercially trade personal data. Personal data may be shared with trusted third parties only in the following circumstances:

  • With service providers engaged to support the operation of the Platform (e.g., hosting providers, payment processors, analytics providers), subject to appropriate data protection agreements;
  • With referred legal professionals (attorneys, notaries) solely for the purpose of providing requested referral services, with the User’s prior consent;
  • When required by applicable law, court order, or governmental authority;
  • In the context of a merger, acquisition, or sale of assets, subject to appropriate confidentiality protections.

10.6 Data Retention Period

WinWinCR.com retains personal data for the period necessary to fulfill the purposes for which it was collected and to comply with applicable legal retention obligations. In general: account data is retained for the duration of the account’s active status plus two (2) years following account closure; transaction and service data is retained for a minimum of five (5) years for legal and accounting purposes; marketing preferences data is retained until the User withdraws consent or requests deletion.

10.7 Cookies and Similar Technologies

The Platform uses cookies and similar tracking technologies to enhance the User experience, analyze Platform usage, and deliver relevant content. Users may configure their browser settings to refuse cookies; however, doing so may impair the functionality of certain features of the Platform. By using the Platform without disabling cookies, Users consent to the use of cookies in accordance with this Article. A detailed Cookie Policy is available on the Platform.

Article 11 – CCCBR Professional Standards

11.1 Voluntary Adherence to CCCBR Best Practices

WinWinCR.com voluntarily aligns its operational practices with the professional standards and code of ethics established by the Cámara Costarricense de Corredores de Bienes Raíces (CCCBR). This voluntary adherence reflects the Company’s commitment to promoting integrity, professionalism, and ethical conduct in the Costa Rican real estate market, notwithstanding that WinWinCR.com does not act as a licensed real estate broker in individual transactions.

11.2 Commitment to Transparency and Professional Ethics

WinWinCR.com commits to conducting its operations with the highest standards of transparency, honesty, and professional ethics. This commitment encompasses: accurate representation of the Platform’s services and limitations; fair and non-discriminatory treatment of all Users; prompt and professional handling of complaints and disputes; and ongoing efforts to improve the quality and reliability of information available on the Platform.

WinWinCR.com encourages all Sellers to similarly adhere to the ethical principles of the CCCBR, including accurate disclosure, fair dealing, and respect for the legitimate interests of prospective Buyers.

11.3 Reporting of Non-Compliant Conduct

Users who become aware of conduct on the Platform that may constitute a violation of these Terms, applicable law, or the professional standards of the CCCBR are encouraged to report such conduct to WinWinCR.com at legal@winwincr.com. WinWinCR.com shall review all reports in good faith and take appropriate action, which may include the investigation, suspension, or removal of the reported User or Listing. WinWinCR.com shall maintain the confidentiality of the reporting User’s identity to the extent practicable.

Article 12 – Dispute Resolution

12.1 Internal Complaint Procedure

In the event of any dispute, complaint, or claim arising from or related to the use of the Platform or any À la Carte Service, Users are required to first submit a written complaint to WinWinCR.com at legal@winwincr.com, providing a detailed description of the dispute, the relevant facts, and the remedy sought. WinWinCR.com shall acknowledge receipt of the complaint within five (5) business days and shall endeavor to provide a substantive response within fifteen (15) business days of receipt.

12.2 Mediation

If the dispute cannot be resolved through the internal complaint procedure within thirty (30) calendar days of the initial complaint, both parties agree to first pursue resolution through good-faith mediation before initiating formal legal proceedings. Mediation shall be conducted by a mutually agreed upon mediator, or, failing agreement, by a mediator appointed in accordance with the mediation rules of the Centro de Conciliación y Arbitraje de la Cámara de Comercio de Costa Rica or another recognized Costa Rican alternative dispute resolution institution. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

12.3 Recourse to Costa Rican Courts

If mediation fails to resolve the dispute within sixty (60) calendar days of the appointment of the mediator, or if either party reasonably refuses mediation, either party may pursue the dispute through the competent courts of the Republic of Costa Rica, as specified in Article 13 of these Terms.

12.4 Individual Claims Only

Each User agrees that any claim or dispute against WinWinCR.com must be brought on an individual basis. To the extent permitted by applicable Costa Rican law, Users waive any right to bring claims as a plaintiff or class member in any class, collective, or representative proceeding. Each claim must be adjudicated individually.

Article 13 – Governing Law and Jurisdiction

13.1 Applicable Laws

These Terms and Conditions and all matters arising from or related to the use of the WinWinCR.com Platform shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, including but not limited to the following:

  • The Código Civil de Costa Rica (Costa Rican Civil Code);
  • The Código de Comercio de Costa Rica (Costa Rican Commercial Code);
  • The Ley Reguladora de la Propiedad en Condominio (Law No. 7933), governing condominium property regimes;
  • The Ley sobre la Zona Marítimo Terrestre (Law No. 6043), governing the Maritime Terrestrial Zone;
  • The Ley de Protección de la Persona frente al tratamiento de sus datos personales (Law No. 8968), governing personal data protection;
  • All other applicable Costa Rican legislation governing real estate, consumer protection, electronic commerce, and professional services.

13.2 Exclusive Jurisdiction

The parties expressly agree that any judicial dispute arising out of or in connection with these Terms that cannot be resolved through mediation as described in Article 12 shall be submitted to the exclusive jurisdiction of the competent courts of the Republic of Costa Rica, specifically the courts of the Judicial Circuit designated as competent under applicable procedural law. Each party irrevocably submits to the personal jurisdiction of such courts and waives any objection to the exercise of jurisdiction by such courts on the grounds of inconvenient forum or otherwise.

13.3 Official Language

The official and legally binding version of these Terms and Conditions is the Spanish-language version. This English document constitutes a reference translation for the convenience of international Users. In the event of any discrepancy, ambiguity, or conflict between the Spanish and English versions of these Terms, the Spanish version shall prevail in all legal and administrative proceedings.

Article 14 – General Provisions

14.1 Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction or any other competent authority under applicable law, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect and shall be construed as if the invalid provision had not been included. WinWinCR.com reserves the right to replace any severed provision with a valid provision that most closely reflects the intent of the original provision.

14.2 No Waiver

The failure of WinWinCR.com to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of such right or provision, nor shall it preclude WinWinCR.com from enforcing such right or provision on any subsequent occasion. No waiver by WinWinCR.com of any breach of these Terms shall be construed as a waiver of any subsequent or other breach. All waivers must be in writing and signed by an authorized representative of WinWinCR.com to be effective.

14.3 Entire Agreement

These Terms and Conditions, together with any specific service agreements, privacy policy, and cookie policy published on the Platform, constitute the entire agreement between WinWinCR.com and each User with respect to the subject matter hereof. They supersede all prior or contemporaneous representations, understandings, negotiations, discussions, or agreements, whether oral or written, between the parties relating to the Platform and its services. No oral statement, representation, or prior written communication not incorporated into these Terms shall have any legal force or effect.

14.4 Assignment

Users may not assign, transfer, sublicense, or delegate any of their rights or obligations under these Terms to any third party without the prior written consent of WinWinCR.com. WinWinCR.com reserves the right to assign or transfer its rights and obligations under these Terms to any affiliated company or successor entity in the event of a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, without requiring the consent of Users.

14.5 Contact and Complaints

All formal legal notices, complaints, requests, or correspondence directed to WinWinCR.com in connection with these Terms must be submitted in writing to the following contact:

WinWinCR.com — Legal Department
Email: Legal@winwincr.com
Website: www.WinWinCR.com
Operational Area: Southern Zone of Costa Rica (Dominical, Uvita, Ojochal, Tres Ríos)
Republic of Costa Rica

WinWinCR.com shall endeavor to respond to all formal legal notices within fifteen (15) business days of receipt. For general inquiries and support, Users may contact info@winwincr.com.


ACKNOWLEDGMENT

By accessing or using the WinWinCR.com Platform, you confirm that you have read these Terms and Conditions in their entirety, that you understand their content and implications, and that you agree to be legally bound by them. If you are accessing the Platform on behalf of a legal entity, you further confirm that you have the authority to bind that entity to these Terms.

These Terms and Conditions were last updated and are effective as of August 1, 2026.