Terms of Service

These Terms of Service ("Terms") govern the use of the Immo Manager software-as-a-service platform ("Service") provided by Marek Hasselder, Dietmannsried, Germany ("Provider", "we", "us"). By creating an account, subscribing to a plan, or otherwise accessing and using the Service, you ("Customer", "you") agree to be bound by these Terms. 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 that entity to these Terms. These Terms apply to all users of the Service, including administrators, team members, and any other individuals granted access through a Customer account. If you do not agree with any part of these Terms, you must not use the Service.

Immo Manager is a cloud-based property management platform designed for the German real estate market. The Service enables Customers to manage their property portfolios, including but not limited to: - Property data management and document storage - Contact and lead management with CSV import capabilities - Email integration via IMAP/SMTP for centralized communication - Appointment scheduling and calendar management - Export of property listings to marketplaces such as ImmobilienScout24 and Immowelt - Import and export of property data using the OpenImmo XML standard - Dashboard analytics and reporting - Team collaboration with role-based access control The specific features available to you depend on your subscription plan. We reserve the right to modify, improve, or discontinue features of the Service at any time, provided that material changes to core functionality will be communicated to you at least 30 days in advance.

To use the Service, you must create an account by providing accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials. Each account is associated with a single tenant organization. The account administrator may invite additional team members and assign roles and permissions according to the features available in their subscription plan. You agree to provide truthful, accurate, and current information during registration and to update such information promptly if it changes. We reserve the right to suspend or terminate accounts that contain false or outdated information.

The Service is offered under the following subscription plans, each with defined feature sets and usage limits: - Starter: Designed for individual landlords managing a small number of properties. - Professional: Designed for growing portfolios requiring advanced features such as email integration, marketplace export, and OpenImmo support. - Business: Designed for established property managers requiring multi-user accounts and advanced team collaboration. - Enterprise: Custom solutions for large-scale operations with dedicated infrastructure and support. Prices for each plan are displayed on our website and during the checkout process. All prices are quoted in Euros and are final prices. In accordance with § 19 UStG (German VAT Act), no VAT is charged or shown (small business exemption / Kleinunternehmerregelung). We reserve the right to adjust pricing. Existing Customers will be notified at least 30 days before any price increase takes effect. Price increases will apply from the start of the next billing cycle following the notification period.

All subscription plans include a 14-day free trial period. During the trial, you have full access to all features of the selected plan without providing payment information. At the end of the trial period, your subscription will not automatically convert to a paid plan. You must actively choose to subscribe and provide payment details to continue using the Service. If you do not subscribe, your access to the Service will be restricted, but your data will be retained for a period of 30 days, during which you may subscribe to regain full access. We reserve the right to modify the duration or availability of the free trial at any time. The free trial is available once per Customer and may not be used repeatedly by the same person or organization.

Payments are processed securely through Stripe, our third-party payment processor. We accept major credit cards (Visa, Mastercard, American Express) and debit cards. All transactions are encrypted and PCI-DSS compliant. Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Annual subscriptions are billed as a single payment at the start of the billing period. Payments are due on the date specified in your subscription. If a payment fails, we will attempt to process it again. If payment remains unsuccessful after multiple attempts, your account may be temporarily suspended until the outstanding amount is settled. You are responsible for all applicable taxes, duties, and government charges. Invoices are generated automatically and made available through your account dashboard. Refunds are handled in accordance with applicable German consumer protection law. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), your statutory right of withdrawal applies.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the period you have already paid for. Upon cancellation, your data will be retained for 30 days to allow you to export it. After this retention period, your data will be permanently deleted in accordance with our data retention policy. We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms, including but not limited to: - Using the Service for unlawful purposes - Attempting to gain unauthorized access to the Service or its related systems - Sharing account credentials with unauthorized third parties - Engaging in activities that disrupt or interfere with the Service In the event of termination by us for cause, no refund will be provided for the remaining subscription period. If we terminate the Service for reasons other than breach of these Terms by you, a pro-rata refund for the unused portion of your subscription will be issued.

We strive to maintain a high level of availability for the Service. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to: - Scheduled maintenance, which will be announced at least 48 hours in advance where possible - Emergency maintenance required to address security vulnerabilities or critical issues - Circumstances beyond our reasonable control, including but not limited to network failures, hosting provider outages, or force majeure events We will make commercially reasonable efforts to minimize downtime and to restore the Service as quickly as possible. Scheduled maintenance windows will be communicated to Customers via email or through the Service dashboard. For Enterprise plan Customers, specific service level agreements (SLAs) with guaranteed uptime percentages and response times may be negotiated separately.

The protection of your personal data is of paramount importance to us. We process personal data in accordance with the European General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and all other applicable data protection legislation. All data is stored on servers located in Germany and is encrypted both in transit and at rest. We implement appropriate technical and organizational measures to protect your data against unauthorized access, loss, or alteration. For detailed information about how we collect, process, and protect your personal data, please refer to our Privacy Policy, which forms an integral part of these Terms. As a Customer, you act as the data controller for any personal data of your tenants, contacts, and leads that you store within the Service. We act as the data processor on your behalf. A Data Processing Agreement (DPA) in accordance with Article 28 GDPR is available upon request and may be required depending on the nature of the data you process through the Service.

The Provider shall be liable without limitation for damages arising from injury to life, body, or health caused by a negligent or intentional breach of duty by the Provider, its legal representatives, or its vicarious agents. The Provider shall also be liable without limitation for damages caused by intentional or grossly negligent conduct. In cases of simple negligence, the Provider shall only be liable for breaches of essential contractual obligations (cardinal obligations), i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. In such cases, liability is limited to the foreseeable, typically occurring damages. The Provider shall not be liable for loss of data to the extent that the damage is attributable to the Customer's failure to perform regular data backups, thereby ensuring that lost data can be restored with reasonable effort. Liability under the German Product Liability Act (Produkthaftungsgesetz) and for warranties expressly given by the Provider remains unaffected. The total aggregate liability of the Provider under these Terms shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email and/or through a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you may cancel your subscription before the changes take effect. Non-material changes, such as corrections of typographical errors or clarifications that do not alter the substance of the Terms, may be made without prior notice. The date of the most recent revision is always indicated at the top of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer 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 out of or in connection with these Terms shall be the registered office of the Provider. Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent of the original provision. These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and the Provider regarding the use of the Service and supersede all prior agreements and understandings. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.