General Terms of Use

Section 1 Scope

These General Terms of Use apply to every visit to and every use of the platform, irrespective of whether you have registered as a user of the platform. If, however, you are a registered user, these General Terms of Use also form part of your user agreement. If you have taken out an Immomio Now subscription, these Terms of Use also apply to that subscription.

Section 2 Definitions

Where we use the following terms here or in the Terms and Conditions for Prospective Tenants, they have the meaning defined below:

• “Provider” means landlords, housing companies, property management companies and other businesses that publish properties on the platform and offer them for rent.
• “Basic account” or “user account” means the user’s free user account under Part 2 of the Terms and Conditions for Prospective Tenants.
• “Visitor” means persons who use our platform without having registered as a user.
• “User” or “prospective tenant” means a user registered on our platform. Prospective tenants within the meaning of the Terms and Conditions for Prospective Tenants also include users who use the platform to search for or apply for properties for sale.
• “Property” means the flat or other usable space (such as garages or commercial property) advertised and offered on the platform by the provider.
• “Platform” means the digital services for prospective tenants operated by Immomio on the website immomio.com, including the user interfaces, interfaces and IT systems used for this purpose.
• “Registration” means registering on the platform as a prospective tenant by concluding the user agreement with Immomio (see Part 2 of the Terms and Conditions for Prospective Tenants, Section 3).

Section 3 Permitted use and prohibited acts

(1) The platform may only be used for the purposes agreed with the user or for other lawful purposes. Misuse of the platform is prohibited.

(2) Misuse of the platform exists in particular in the following cases:

• the use of bots, crawlers, spiders, scripts or other automated means to register or log in on the platform, or to access the areas of the platform that are only accessible after logging in, to query data there, to send applications or other messages, or to extract content (scraping), unless we have expressly permitted this;
• the systematic extraction, copying, storage or aggregation of flat listings, provider data or other platform content, in particular to build your own databases or to pass them on to third parties;
• the use of platform content that is only accessible after registration or logging in to a user account for text and data mining, including the training of AI systems; Immomio expressly reserves these uses pursuant to Section 44b(3) of the German Copyright Act (Urheberrechtsgesetz, UrhG);
• circumventing, deactivating or impairing technical protection measures, access restrictions or query limits (e.g. rate limits, CAPTCHAs);
• decompiling, disassembling or otherwise reverse engineering the software provided via the platform into source code, unless this is mandatorily permitted under Sections 69d and 69e UrhG;
• uploading malware (viruses, worms, Trojans) and any act that endangers the functionality or security of the platform or places an unreasonable load on the infrastructure.

Section 4 Notice procedure, content moderation and complaints

(1) You can report content on our platform that you consider to be illegal to us electronically via the link provided in the footer of the website (“Report a legal violation”).

(2) We may remove or block content that violates the Terms and Conditions for Prospective Tenants or is unlawful for other reasons. In the event of violations of Section 3 of the General Terms of Use, we may technically restrict or prevent access to the platform, for example by means of query limits or by blocking IP addresses. In respect of registered users, we may additionally take the measures described in Part 2, Section 8(7) of the Terms and Conditions for Prospective Tenants.

(3) You may lodge a complaint against decisions by which we remove or block content, suspend or terminate our services in whole or in part, or suspend or close an account, as well as against our decision on a notice, within six months of being notified of the decision. The complaint is free of charge and is submitted electronically via our contact form. It should identify the contested decision and state the reasons for the complaint. Complaints are decided by Immomio staff; we will notify you of the reasoned decision.

Section 5 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, Verbraucherstreitbeilegungsgesetz, VSBG). This does not affect the possibility of out-of-court dispute resolution under Section 4(3) of the General Terms of Use.

Section 6 Liability

(1) Immomio has unlimited liability in cases of intent and gross negligence, for injury to life, body or health, within the scope of a guarantee it has given and under the German Product Liability Act (Produkthaftungsgesetz).

(2) In cases of slight negligence, Immomio is liable only for the breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose observance you may regularly rely (cardinal obligation). In this case, liability is limited to the damage typical of the contract that was foreseeable at the time the contract was concluded. Cardinal obligations include in particular the provision of the agreed services, the correct transmission of your data to the selected providers and the protection of your data against unauthorised access in line with the state of the art.

(3) Otherwise, liability for slight negligence is excluded.

(4) The above limitations also apply in favour of Immomio’s legal representatives, employees and vicarious agents. Liability under the General Data Protection Regulation (in particular Article 82 GDPR) remains unaffected.

Section 7 Applicable law and place of jurisdiction

(1) The Immomio platform is aimed exclusively at users of full age with full legal capacity who are habitually resident or have their registered office in Germany.

(2) The language of the contract is German.

(3) The consumer rights granted in the Terms and Conditions for Prospective Tenants are only available to you if you use the platform as a consumer. A consumer is any natural person who enters into a legal transaction for purposes that predominantly fall outside their trade, business or self-employed professional activity (Section 13 of the German Civil Code, Bürgerliches Gesetzbuch, BGB).

(4) If the user is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Hamburg. The same applies if, after the contract has been concluded, you move your place of residence or habitual residence out of Germany, or if your place of residence or habitual residence is not known at the time the action is brought (Section 38 of the German Code of Civil Procedure, Zivilprozessordnung, ZPO). Otherwise, the statutory places of jurisdiction apply.

Section 8 Amendments to these General Terms of Use

We may amend these General Terms of Use with effect for the future, in particular to adapt them to new functions, technical developments or legal requirements.