General Terms and Conditions
§ 1 Subject and Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") of Immodio UG (hereinafter referred to as "Provider") apply to contracts with users (hereinafter referred to as "Customers"; Provider and Customer each individually also referred to as "Party" and collectively "Parties") of the software solution "Immodio" (hereinafter referred to as "Software").
The subject matter of the contracts concluded in conjunction with these GTC is the paid and temporally limited grant of use of the Software in the Customer's company over the Internet as well as the provision of storage space on the Provider's servers. The setup and use of free accounts is done without contractual obligation.
Contracts that include these GTC are exclusively concluded by the Provider with entrepreneurs who rent real estate, particularly with property owners, property management companies, and real estate agents. Specific provisions for consumer contracts are only provided in the following cases where the consumer status of the Customer is overlooked at the time of contract conclusion.
The Provider does not enter into contractual relationships with tenants and prospective tenants of its Customers. The setup of access for tenants and prospective tenants of the Provider's Customers is solely a service to the Customer and not to its tenants/prospective tenants.
§ 2 Services of the Provider
The Provider grants the Customer access to the latest version of the Software for the agreed number of entitled users via the Internet through access via a browser and/or mobile app.
The Provider warrants the functionality and availability of the Software during the term of the contractual relationship and will maintain it in a condition suitable for contractual use.
The specific functionality of the Software depends on the chosen tariff (Appendix 1).
Specific details of the main functions mentioned below are reserved in the tariff description and/or individual contracts. The following is an exemplary and non-exhaustive list of main and ancillary functions.
Main functions:
Data management of participants such as owners, tenants, and service providers based on user input
Data management and recording of basic data, features, meter readings, keys, and documents of properties
Organization of viewing appointments
Applicant management including the transmission of documents as well as a digital tenant self-disclosure
Form-based creation of rental agreements generated based on user input
Digital signature of the rental agreements mentioned under e) by the Parties
Creation, signing by simple electronic signature (hereinafter referred to as "EES") and transmission of handover protocols based on user input
Generation, signing (EES) and transmission of a landlord's confirmation
Access via the WebApp and mobile apps
Separate interfaces for Customers and their tenants via the tenant portal
In addition, depending on the chosen tariff, ancillary functions may be offered, particularly:
Management of defects of the properties
Chat function
Provision of forms for legal concerns
The general information on legal backgrounds, particularly at help.immodio.app, as well as by providing text and document templates (e.g., cover letters, handover protocols, information sheets) will be provided without individual case examination. The Provider does not perform legal services.
With the acquisition or use of documents, particularly the handover protocol, landlord's confirmation, cancellation instruction, house rules, as well as all other templates and the associated services, the user does not receive any claim to legally flawless or defect-free final documents. The provided documents are to be understood exclusively as samples, examples or formulation aids. They explicitly do not replace individually created documents or legal advice. Any defect thus relates solely to the function of the documents as support for creating one's own documents, but not to their use in individual cases. No liability is assumed for claims of third parties resulting from the use or distribution of the content generated by the platform.
The rental agreement mentioned in § 2 Abs. 5e does not replace individual legal advice and cannot replace a review in individual cases by a lawyer. The overall contractual work has been legally reviewed by the law firm Klein, Technologiepark 6, 91522 Ansbach. The Provider nevertheless expressly recommends that the created rental agreement be legally reviewed in individual cases, as the legal appropriateness or completeness in the specific application cannot be guaranteed. The responsibility for the correctness, completeness, and legal appropriateness of the entries made and for the resulting rental agreement lies solely with the user.
The Provider can, without being obliged to do so, update or further develop the Software at any time and, in particular, adapt it due to changed legal situations, technical developments or to improve IT security. The Provider will appropriately consider the legitimate interests of the Customer and inform the Customer in good time about necessary updates. In the event of a substantial impairment of the legitimate interests of the Customer, the Customer has a special right of termination.
No adjustment to the individual needs or IT environment of the Customer is owed by the Provider. Full functionality of the Software is guaranteed only with the Chrome browser for Windows, macOS and Android, as well as in the mobile Safari browser under iOS (iPhone/iPad).
The Provider will regularly maintain the Software and inform the Customer in good time about any associated restrictions. Maintenance will be carried out regularly outside of the Customer's usual business hours unless, for compelling reasons, maintenance needs to be performed at another time.
The Provider will ensure the availability of the data within the framework of using the Software. Uploading new data may be restricted in cases of inappropriate, illegal or improper use of the upload function.
The Provider will take appropriate measures in accordance with the state of the art to protect the data. However, the Provider has no obligation to safeguard or care for the data. The Customer is responsible for sufficiently securing the data.
The Customer remains the owner of the data stored on the Provider's servers and can request these at any time.
The Provider does not fulfill the obligations arising from the Customer's rental agreements. In particular, it remains the Customer's responsibility to provide the additional agreement for rent increase to their tenant and to comply with the respective formal requirements.
The partner offers linked within the Provider's platform do not establish any contractual relationships with the Provider. Such partner offers are explicitly marked.
§ 3 Scope of Use and Rights
A physical transfer of the Software to the Customer does not take place.
The Customer receives simple, i.e. non-sublicensable and non-transferable, rights limited to the duration of the contract to use the latest version of the Software for the contractually specified number of users by accessing it via a browser or app in accordance with the contractual provisions.
The Customer may only use the Software within the framework of its own business activities through its own personnel. A further use of the Software by the Customer is not permitted.
§ 4 Support
The Provider will set up a support service for Customer inquiries regarding the functions of the Software. The communication channels open for support are based on the tariff description. Inquiries will generally be processed in the order they are received.
§ 5 Availability; Troubleshooting
A constant and uninterrupted availability of the Software is technically not possible. Short-term outages or limitations due to technical circumstances (e.g. maintenance work, security updates, internet disruptions) are not considered defects by the Parties.
If the Software is unavailable for more than eleven (11) hours within a calendar month, the Customer shall be entitled to a pro-rata refund of the fee paid for that month. Availability is defined as the Customer's ability to use all main functions of the Software. As long as a disturbance does not exclude the possibility of using a main function, availability is considered given.
The Customer must report disturbances to the Provider. A disruption report and resolution is guaranteed Monday to Friday (excluding nationwide holidays) between 9:00 AM and 6:00 PM (service hours).
Severe disturbances (the overall use of the Software or the use of a main function of the Software according to § 2 Abs. 4 is not possible) will be resolved by the Provider outside of service hours at the latest within one working day of receiving the disturbance report. If it becomes clear that a resolution of the disturbance is not possible within this time frame, the Customer will be informed immediately and given an estimated time of exceeding this duration. This information can be provided via notification on the website.
The removal of insignificant disturbances is at the discretion of the Provider.
§ 6 Customer's Duty of Care
The Customer must protect the access data transmitted to him in accordance with the state of the art from third-party access and safeguard it. Any unauthorized access must be reported to the Provider immediately.
The Customer may not upload any files if doing so infringes the rights of third parties, in particular personal rights and copyrights.
§ 7 Warranty
With regard to the granting of use of the Software, the warranty regulations of tenancy law (§§ 535 ff. BGB) apply.
The Customer must notify the Provider of any defects immediately.
The warranty for only minor reductions in the usability of the Software is excluded.
The liability independent of fault in accordance with § 536a Abs. 1 BGB for defects of the Software that were already present at the time of contract conclusion is excluded.
§ 8 Liability
The Parties are liable without limitation in cases of intent, gross negligence, and in the event of culpably causing harm to life, body or health.
Notwithstanding the cases of unlimited liability in accordance with the preceding paragraph, the Parties shall only be liable to each other for slightly negligent breaches of duty if essential contractual obligations are violated, i.e., obligations whose fulfilment makes the proper execution of the contract possible or whose violation endangers the achievement of the contractual purpose and on whose compliance the other Party can regularly rely, however, limited to the foreseeable, typical contractual damage at the time of contract conclusion.
The Customer's contributory negligence for damages caused by careless handling of its access data will be taken into consideration.
The above liability limitations do not apply to liability under the Product Liability Act and within the framework of written guarantees undertaken by a Party.
In the event of claims by third parties against the Provider due to the content uploaded by the Customer, the Customer must join the dispute on the side of the Provider and indemnify the Provider from the titled claims in the event of a conviction, as well as indemnify the Provider from its legal costs in addition to the pre-litigation attorney’s fees, taking into account the liability limitations provided above. This clause also benefits employees, representatives, and bodies of the Parties.
§ 9 Fee and Payment Terms
The Customer must pay a fee to the Provider monthly, the amount of which depends on the booked tariff.
Invoicing occurs monthly. The Customer must retrieve the electronically issued invoice themselves. The invoice is due for payment immediately.
Payments must be made via the payment service provider Stripe.
§ 10 Contract Duration, Termination and Tariff Change
The contract comes into effect on the day of booking and is{