General Terms and Conditions

for the provision of services by Antorit UG (haftungsbeschränkt), 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 by incorporating these GTC.

1.2 The Contractor is entitled to award the necessary services to subcontractors in its own name and on its own account, who may in turn also engage subcontractors. The Contractor remains the sole contractual partner of the Client. The use of subcontractors does not occur if it is obvious to the Contractor that their use would be contrary to 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 the provisions of these additional contractual documents contradict the GTC, the provisions of these additional contractual documents shall prevail in the event of a conflict.

1.4 The Client's GTC, which differ 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 through which users can insert, manage and make real estate listings searchable.

1. Basic function 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 is aimed at:

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

Private advertisers (private individuals with real estate offers)

Interested parties (buyers and renters)

3. Listing functions

Users can create and publish real estate listings. This includes, in particular:

Input of object information (e.g. location, price, description, features)

Upload of images, floor plans and other 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 contact each other, submit inquiries and exchange messages via this system.

6. Additional functions

The platform offers additional functions, depending on availability, in particular:

Search and filter functions

Favorites and bookmark list

Search requests and notifications

Map view

Multilingual display

Statistics for advertisers

Premium and highlighting options for listings

7. Data transmission and interfaces

The platform supports various forms of data transmission for real estate listings, in particular:

Manual input

Import via XML feeds

API interfaces

FTP upload

CSV import (if offered)

8. Role of the platform

The platform is solely a technical platform. It does not become a contractual party to the real estate transactions negotiated or concluded via the platform and assumes no warranty for the correctness, completeness or timeliness of the content posted by users.

9. Availability and Development

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

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

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

2.4 The Contractor is obliged to provide the services in accordance with the contract. However, when performing his activities, he is not subject to any instructions regarding the manner in which he provides his services, the location of the service provision or the time of service provision. However, he will set the days and times of his activities in such a way that optimal efficiency in his activities and in the realization of the subject matter of the contract is achieved. The provision of services by the Contractor takes place in coordination with the Client.

3. Obligations of the Client

It is the responsibility of the Client to provide the information, data and other content required for the performance of the services in full and correctly. The Contractor is not responsible for delays or delays in service provision caused by the Client's delayed and necessary assistance; the provisions under the heading “Liability/Release” remain unaffected by this.

4. Remuneration

4.1 The remuneration is agreed individually.

4.2 The remuneration is due after the services have been provided. If the remuneration is measured by time periods, it is due after the end of the respective time periods (Section 614 of the BGB). In the case of cost-based billing, the Contractor is entitled to bill the services on a monthly basis, subject to any deviations from this.

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

5. Liability/Release

5.1 The Contractor is liable for any legal grounds without limitation in the event of intent or gross negligence, in the event of 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 contractual, foreseeable damage, unless liability is unlimited as specified above. Substantial contractual obligations are obligations that the contract imposes on the Contractor for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper performance of the contract and on which the Client regularly relies. Otherwise, the Contractor's liability is excluded. The above liability regulations also apply with regard to the liability of the Contractor for his performance assistants and legal representatives.

5.2 The Client releases the Contractor from any claims by third parties that are asserted against the Contractor on the grounds of the Client's violations of these General Terms and Conditions or of applicable law.

6. Duration of the Contract and Termination

6.1 The duration of the contract and the deadlines for ordinary termination are agreed individually by the parties.

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 entrusted to him to the Client without delay after the end of the contract. The assertion of a retention of title is excluded. Electronic data must be completely deleted. Documents and data for which a longer statutory retention period applies 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 he becomes aware of in connection with the order with the utmost confidentiality. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to contractual information. The duty of confidentiality applies indefinitely over the duration of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations - in particular the provisions of the Data Protection Regulation and the Federal Data Protection Act - when performing the order.

8. Final Provisions

8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 If a provision of these GTC is invalid or becomes invalid, the validity of the GTC as a whole is not affected thereby.

8.3 The Client will support the Contractor in the performance of his contractual services with reasonable assistance, if necessary. The Client will, in particular, provide the Contractor with the information and data required for the performance of the order.

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

8.5 The Contractor is entitled to change these GTC for substantiated reasons (e.g. changes in case law, statutory law, market conditions or business or corporate strategy) and to notify the Client of the changes at least two weeks before they come into effect. If the Client does not object within the period set in the change notification, his consent to the change is deemed to have been given. If he objects, the changes do not come into effect; in this case, the Contractor is entitled to terminate the contract extrajudicially at the time when the changes come into effect. The notification of the intended changes to these GTC will refer to the period and the consequences of the objection or its absence.

9. Information on Consumer Dispute Resolution

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

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