General Terms and Conditions

for the provision of services by Antorit UG (limited liability), Hugo-Weiss-Str. 19, 81827 Munich, E-Mail: [email protected] (hereinafter "Contractor") to its customers (hereinafter "Client")

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor, incorporating these GTC.

1.2 The Contractor is entitled to subcontract the necessary services in its own name and on its own account to subcontractors, who may in turn subcontract further services. The Contractor remains the sole contractual partner of the Client. Subcontracting will not occur if it is apparent to the Contractor that it would contradict the Client's legitimate interests.

1.3 If additional contractual documents or other business conditions in text or written form have become part of the contract and contradict the provisions of these GTC, the regulations of these additional contractual documents shall prevail in the event of a conflict.

1.4 The Client's GTC, which deviate from these GTC, are not recognized by the Contractor - subject to express agreement.

2. Subject Matter and Scope of Services

2.1 The Contractor, as an independent entrepreneur, provides the following services to the Client:

The platform is an online platform for publishing, searching, and brokering real estate offers. It provides technical infrastructure that allows users to insert, manage, and make real estate listings searchable.

1. Core Functionality of the Platform

The platform enables registered users to create, publish, and manage real estate listings. Interested parties can search, filter, and contact the advertisers.

2. User Groups

The platform caters to:

Commercial advertisers (e.g., real estate agents, contractors, developers)

Private advertisers (private individuals with real estate offers)

Interested parties (buyers and renters)

3. Listing Features

Users can create and publish real estate listings, including:

Input of property information (e.g., location, price, description, amenities)

Upload of images, floor plans, and additional media

Management and editing of existing listings

Deactivation or deletion of listings

4. Publication and Display

Published listings are displayed on the platform and can be found via search and filter functions. The platform can display listings in categories, regions, or thematic overviews.

5. Communication

The platform provides an internal messaging system. Users can communicate, submit inquiries, and exchange messages through this system.

6. Additional Features

The platform offers additional features, depending on availability, including:

Search and filter functions

Favorites and bookmark lists

Search requests and notifications

Map view

Multilingual display

Statistics for advertisers

Premium and highlight options for listings

7. Data Transfer and Interfaces

The platform supports various data transfer methods for real estate listings, including:

Manual input

Import via XML feeds

API interfaces

FTP upload

CSV import (if offered)

8. Role of the Platform

The platform solely provides a technical platform. It is not a party to the real estate transactions negotiated or concluded through the platform and does not guarantee the accuracy, completeness, or timeliness of the content posted by users.

9. Availability and Development

The platform is continuously developed. The scope of features, display, and technical design may be adapted, expanded, or restricted as required for operation.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor provides the services in accordance with the contract, with the utmost diligence and conscientiousness, based on the latest standards, rules, and insights.

2.4 The Contractor is obligated to provide the services as agreed upon in the contract. However, when performing its tasks, it is not subject to any instructions regarding the method, location, or timing of service provision. It will, however, allocate its working days and time in a way that ensures optimal efficiency in its tasks and the realization of the subject matter of the contract. The Contractor's service provision is coordinated with the Client.

3. Client's Mitigation Obligations

It is the Client's responsibility to provide all information, data, and other content required for service delivery, ensuring they are complete and accurate. The Contractor is not responsible for delays or failures in service delivery caused by the Client's delayed or necessary assistance; the provisions on liability/release remain unaffected.

4. Compensation

4.1 Compensation is agreed upon individually.

4.2 Compensation is due after the services are rendered. If compensation is based on time intervals, it is due after the respective time intervals have expired (Section 614 of the German Civil Code). In the case of cost-based billing, the Contractor is entitled to monthly billing, subject to any differing agreements.

4.3 The Contractor sends the Client an invoice by post or email (e.g., as a PDF). Compensation is due within 14 days of receiving the invoice.

5. Liability/Release

5.1 The Contractor is liable for any legal grounds without limitation in cases of intent or gross negligence, intentional or negligent violation of life, body, or health, due to a guarantee promise, unless otherwise regulated, or due to mandatory liability. If the Contractor negligently violates a substantial contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited as specified. Substantial contractual obligations are obligations that the contract imposes on the Contractor to achieve the contractual purpose, whose fulfillment enables the proper performance of the contract and on which the Client regularly relies. Otherwise, the Contractor's liability is excluded. The above liability provisions also apply to the Contractor's liability for its performance assistants and legal representatives.

5.2 The Client releases the Contractor from any claims by third parties that may be asserted against the Contractor due to the Client's violations of these GTC or applicable law.

6. Contract Duration and Termination

6.1 The contract duration and ordinary termination periods are agreed upon individually.

6.2 The right of both parties to terminate the contract for cause remains unaffected.

6.3 The Contractor must return all documents and other content provided by the Client to the Client promptly after contract termination, at the Client's discretion. The assertion of a retention right is excluded. Electronic data must be completely deleted. Documents and data subject to longer legal retention periods are excluded, but only up to the end of the respective retention period. The Contractor must confirm the deletion in writing upon request.

7. Confidentiality and Data Protection

7.1 The Contractor will treat all information it receives in connection with the contract with strict confidentiality. The Contractor is obligated to impose confidentiality obligations on all employees and/or third parties who have access to contractual information.

7.2 The Contractor is committed to complying with all data protection regulations, particularly the provisions of the General Data Protection Regulation and the Federal Data Protection Act, when performing the contract.

8. Final Provisions

8.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.2 If a provision of these GTC is invalid or becomes invalid, the validity of the GTC as a whole remains unaffected.

8.3 The Client will support the Contractor in providing its contractual services through reasonable mitigation actions, if necessary. The Client will provide the Contractor with the information and data required for contract fulfillment.

8.4 If the Client is a merchant, legal entity under public law, or public law corporation without a general court venue in Germany, the parties agree that the Contractor's seat is the court venue for all disputes arising from this contractual relationship, without prejudice to exclusive court venues.

8.5 The Contractor is entitled to amend these GTC for substantiated reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and within an appropriate period. Existing customers will be notified of these changes by email at least two weeks before they come into effect. If the existing customer does not object within the period set, their consent to the changes is deemed granted. If they object, the changes do not come into effect; the Contractor is entitled to terminate the contract extrajudicially at the time the changes come into effect. The notification of the intended changes to these GTC will include information on the period and the consequences of objecting or failing to object.

9. Information on Consumer Dispute Resolution

The provider is not willing or obligated to participate in dispute resolution proceedings before a consumer dispute resolution body.

You can find our email address in the title of these GTC.