Terms and Conditions

(1) These general terms and conditions and terms of use (hereinafter “Terms”) govern the use of the website immotap.de as well as the content available at immotap.com (hereinafter together the “Website”) and the online calculators, tools and other features provided on it (hereinafter “Tools”) by the user.

(2) The Terms apply to the free use of the Website and the Tools as well as to the download and use of the free immotap WordPress plugin (§ 3).

(3) The operator of the Website is:

baseloop GmbH
Kaiserslauterer Str. 5
66123 Saarbrücken
Germany
Email: kontakt [at] mail.immotap.de

(hereinafter “immotap”, “we” or “us”)

(4) By accessing the Website and/or using the Tools, the user agrees to these Terms. If the user does not agree to these Terms, they must refrain from using the Website and the Tools.

(5) The term “user” used below, as well as other terms denoting persons, are to be understood as gender-neutral and apply equally to persons of any gender.

(6) Deviating, conflicting or supplementary terms of the user do not become part of the contract unless we expressly agree to their validity in writing.

(1) immotap provides free online calculators and tools relating to real estate, financing, taxes and energy. The Tools include in particular, but not exclusively: the closing costs calculator, mortgage repayment calculator, rental yield calculator, affordability calculator, real estate transfer tax (Grunderwerbsteuer) calculator, living area calculator as well as further calculators and informational content (hereinafter together the “Content”).

(2) The Tools serve exclusively for general, non-binding information and for indicative calculation. They do not constitute individual advice of any kind, in particular no legal advice, tax advice, financial advice, investment advice or property valuation within the meaning of statutory provisions.

(3) Use of the Website and the Tools is generally free of charge for the user and possible without registration, unless something different is expressly stated for individual features.

(4) We do not ourselves broker or sell any real estate, financial products, insurance or other services. immotap is a provider- and product-independent information service.

(1) immotap provides a free plugin for the WordPress content management system (hereinafter the “Plugin”) for download. The Plugin allows the immotap calculators to be embedded and used on your own WordPress website.

(2) The Plugin is provided free of charge. It is made available under the GPL-2.0-or-later license (GNU General Public License, version 2 or later). The license terms are included with the Plugin.

(3) The Plugin is provided without warranty for defects and in the version made available in each case (“as is”). We assume no warranty for its functionality in every conceivable system environment, nor for compatibility with other software or future WordPress versions. Otherwise, the provisions of § 4 and § 5 apply accordingly.

(4) The user is themselves responsible for the installation, operation and data protection-compliant integration of the Plugin on their own website.

(5) To receive the download link, the user can provide their email address on the corresponding plugin page. The processing of this data is governed by our privacy policy.

(6) We reserve the right to update, change or discontinue the provision of the Plugin at any time. There is no claim to the permanent provision or maintenance of the Plugin.

(1) The results calculated by the Tools are expressly non-binding reference values and aids to orientation. They do not constitute binding information. Despite careful preparation and regular updating, we assume no warranty for the accuracy, completeness, timeliness and reliability of the calculation results and the Content provided on the Website.

(2) The calculations may deviate from the actual values for various reasons, in particular due to:

• simplifications and flat-rate assumptions in the underlying calculation models,
• rounding differences and technical calculation errors,
• interim changes to the legal basis, tax rates, subsidy programmes, fee schedules or other framework conditions,
• incomplete or incorrect inputs by the user,
• regional particularities and individual circumstances that cannot be taken into account by the Tools, or only on a flat-rate basis,
• delays in updating the underlying data.

(3) The results of the Tools do not in any case replace expert advice and review by qualified professionals. For legally binding information and decisions, we expressly recommend consulting:

• tax advisors,
• notaries,
• lawyers,
• experts for property valuation,
• financing advisors,
• energy advisors.

(4) The user alone is responsible for independently checking and verifying the results of the Tools before using them. Decisions, in particular purchase, sale, rental, financing and investment decisions, should never be made solely on the basis of the calculations provided by immotap.

(5) The legal foundations presented on the Website (including the Living Space Ordinance (WoFlV), the Court and Notary Fees Act (GNotKG), the Income Tax Act (EStG), the Building Energy Act (GEG) and the Inheritance and Gift Tax Act (ErbStG)) are researched with the greatest possible care. However, we cannot guarantee that these fully reflect the current state of legislation and case law at all times.

(1) We are not liable for damages of any kind that arise or threaten to arise for the user from the use of the Website and the Tools, including but not limited to direct damages, indirect damages, consequential damages, lost profit, lost revenue or other economic disadvantages.

(2) This applies in particular to damages arising from:

• incorrect, incomplete or outdated calculation results,
• incorrect, incomplete or outdated information and content on the Website,
• decisions that the user has made on the basis of the calculation results or information from immotap,
• technical malfunctions, failures or interruptions of the Website,
• the loss of data or inputs of the user,
• unauthorised access by third parties to the Website or the user’s data.

(3) The above disclaimer does not apply to damages arising from injury to life, body or health that are based on a negligent or intentional breach of duty by immotap or a legal representative or vicarious agent of immotap.

(4) The disclaimer furthermore does not apply in the case of intent or gross negligence on the part of immotap or a legal representative or vicarious agent of immotap.

(5) In the case of a slightly negligent breach of essential contractual obligations (cardinal obligations), the liability of immotap is limited in amount to the typically foreseeable damage. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely.

(6) The above limitations of liability also apply for the benefit of our employees, representatives and vicarious agents.

(7) Any claims of the user under the Product Liability Act (ProdHaftG) remain unaffected by the above provisions.

(1) The Website and the Tools may be used exclusively within the scope of the technical features made available by immotapand for the purposes described in these Terms.

(2) The user is in particular prohibited from:

• using the Website or the Tools for unlawful purposes or in a manner that violates statutory provisions, the rights of third parties or public morals,
• carrying out automated access, queries or data extraction, in particular through the use of bots, crawlers, scrapers or comparable software (data mining, data extraction),
• embedding the Website or the Tools, in whole or in part, into other websites (e.g. by means of an iFrame), unless there is express authorisation; the use of the calculators on your own website via the officially provided immotap WordPress plugin (§ 3) remains unaffected by this,
• circumventing, manipulating or removing technical protection measures,
• placing excessive load on the Website or its technical infrastructure or impairing its operation,
• reproducing, distributing or making publicly available content of the Website without our prior written consent, unless this is permitted under the Copyright Act (UrhG) or these Terms.

(3) Simply linking to the Website or to individual Tools is expressly permitted and does not require separate authorisation.

(1) We endeavour to keep the Website and the Tools permanently available. However, the user has no claim to uninterrupted availability of the Website or the Tools.

(2) Temporary restrictions or interruptions may arise in particular from necessary maintenance work, technical malfunctions, server failures or circumstances beyond our control (force majeure).

(3) We reserve the right to change, supplement, restrict the Website or individual Tools at any time, or to discontinue operation in whole or in part, without the user thereby acquiring any claims against us.

(1) All calculations of the Tools are generally carried out client-side in the user’s browser. The data entered by the user is not transmitted to our servers in the process, unless something different is expressly stated for individual Tools.

(2) For further information on the collection, processing and use of personal data, please refer to our separate privacy policy, awareness of which forms part of these Terms.

(1) The content provided on the Website, including texts, graphics, logos, icons, images, software, calculation models, program code and design, is protected by copyright and is owned by immotapor the respective rights holders.

(2) Use of the Website does not entitle the user to reproduce, distribute, edit or otherwise exploit the content beyond purely personal, non-commercial use, unless we have expressly agreed to this in writing or a statutory permission exists.

(3) Printing and saving calculation results as well as the PDF export (where offered as a feature) for personal use is permitted.

(1) The Website may contain links to third-party websites. We have no influence over the content of these external websites and assume no warranty or liability for them. The respective provider or operator is always responsible for the content of the linked pages.

(2) The linked pages were checked for possible legal violations at the time of linking. Unlawful content was not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of legal violations, we will remove such links immediately.

(1) We reserve the right to change or supplement these Terms at any time with effect for the future. The respective current version of the Terms is available on the Website at immotap.de/agb.

(2) By continuing to use the Website after the publication of amended Terms, the user agrees to the changes. In the case of material changes, we will give separate notice of this on the Website.

(1) The European Commission provides a platform for online dispute resolution (ODR), which is available at ec.europa.eu/consumers/odr.

(2) We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with the use of the Website is the registered office of immotap.

(3) Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the valid provision that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in the provisions.

(4) The contract language is German.

For questions, suggestions or complaints regarding these Terms or the Website, you can reach us at:

Email: kontakt [at] mail.immotap.de