General Terms and Conditions

1.1 The provider of services under the brands and projects ImmoVision.ai and gayrimenkul-ai.com is:

1.2 These GTC apply to all contracts for the use of ImmoVision AI, including the web-based platform, associated modules, AI functions, image and media functions, digital exposés, microsites, video functions, dashboard areas, team functions, wallet/credit functions, additional services, and other digital services of the provider.

1.3 These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special funds under public law. A contract conclusion with consumers is excluded. The customer warrants that they use the services exclusively within the framework of their commercial, independent professional, official, or other entrepreneurial activity.

1.4 Deviating, conflicting, or supplementary general terms and conditions of the customer do not become part of the contract unless their validity is expressly agreed to in text form.

1.5 Individual offers, project agreements, enterprise contracts, service descriptions, price overviews, or other expressly included contractual documents take precedence over these GTC in the event of a conflict.

2.1 ImmoVision AI is a platform for digital real estate marketing, AI-supported content, media processing, lead processing, communication and workflow processes, and dashboard-based management and team functions.

2.2 Depending on the scope of services, activation, and individual agreement, ImmoVision AI can include functions such as:

2.3 The specific scope of services results from:

2.4 The provider owes the provision of the contractually agreed software and platform functions, but not a specific economic success, in particular no specific number of leads, sales, viewings, reach, rankings, visibility, or portal placements.

2.5 Insofar as ImmoVision AI provides functions for the creation, structuring, editing, analysis, or publication of content, the platform does not replace legal, tax, professional, or other individual advice for the customer.

3.1 The presentation of services, functions, prices, modules, or top-up options on the website, in price overviews, in presentations, or in the platform does not yet constitute a binding contract offer.

3.2 A contract is concluded by:

3.3 The provider is entitled to reject inquiries or registrations without giving reasons.

3.4 The customer is obliged to provide complete, accurate, and up-to-date information upon registration and use and to update this immediately in the event of changes.

3.5 If a person acts for the customer, the customer warrants that this person is authorized to conclude the contract and to make the respective declarations.

4.1 Use of the platform may require a user account.

4.2 Access data must be treated confidentially and protected from access by third parties.

4.3 The customer is responsible for all activities that occur under their user account or by their users, insofar as these are attributable to their area of responsibility.

4.4 The provider is entitled to temporarily block access if there are concrete indications of misuse, security risks, contract violations, or unauthorized use.

4.5 The customer must inform the provider immediately if they have indications that access data has been compromised or unauthorized access has occurred.

5.1 ImmoVision AI basically works with the following model:

5.2 Onboarding is a separately remunerable setup and start service. It serves in particular for the structured setup of the account, workspace, basic configuration, organizational start basis, and productive activation.

5.3 After onboarding, ongoing use takes place via a credit/wallet system. The customer tops up credit, and the use of certain functions is deducted from the credit according to the currently applicable price logic.

5.4 The currently applicable price logic, specific prices, top-up amounts, definitions of billable events, and any usage-related notes result from:

5.5 Unless otherwise agreed individually, the basic model can include in particular:

5.6 A normal AI job is a finished result, in particular e.g.:

5.7 Unless otherwise stated, the following applies:

5.8 Transcript + Workflow includes in particular, insofar as the function is active in the respective case:

5.9 A social media video is a finally generated short clip in the agreed format and scope. Each final video output can be billed separately. Newly triggered render processes or new variants can represent separate billable processes.

5.10 The provider is entitled to further define the specific usage-related logic, definition of individual billing events, workflow triggers, storage processes, export processes, finalization processes, or other billing-relevant system events in the service description, price overview, product documentation, or in the dashboard, provided that the core of the agreed model is not unreasonably changed.

5.11 Unless otherwise expressly agreed, credit is used exclusively for the use of ImmoVision AI. A cash payout, interest, or conversion into other services is excluded, unless mandatory law requires otherwise.

5.12 Unless otherwise regulated in the price overview or individual agreement, topped-up credit is valid for 12 months from provision. Unused credit expires after this period. Mandatory legal rights remain unaffected.

5.13 The provider is entitled to further develop, adapt, or replace services and usage models with functionally equivalent services for objective reasons, provided that the contractual core is not unreasonably impaired.

5.14 Unless an unlimited use is expressly agreed, usage-related limits, fair use limits, or technical limits can apply to certain functions, in particular AI functions, storage, rendering, exports, API use, webhooks, integrations, or media processing. The main contract, the service description, the price overview, and any individual agreements are decisive.

5.15 Test, beta, preview, or early access functions can be subject to separate conditions, be limited in their scope, or be changed, discontinued, or converted into paid services at any time, provided this is reasonable for the customer.

6.1 The prices applicable at the time of contract conclusion, top-up, or respective use apply, as identified in the offer, in the price overview, in the dashboard, or in other expressly included contractual documents.

6.2 All prices are, unless otherwise stated, plus statutory value-added tax.

6.3 Onboarding services, additional services, special projects, individual adjustments, training, integrations, migrations, or other project-related services can be billed separately.

6.4 Credit top-ups, onboarding services, and other payable services are, unless otherwise agreed, due immediately.

6.5 The provider can specify certain payment methods for individual payment types, top-up processes, or contract models.

6.6 If the customer is in default of payment, the provider is entitled to:

6.7 A right of retention or offsetting is only permitted with undisputed or legally established claims.

6.8 Invoices can be transmitted electronically. Unless otherwise agreed, invoices are due immediately without deduction.

6.9 The provider is entitled to adjust prices with effect for future top-ups, future uses, or future services if there is an objective reason for this, in particular changes in procurement, hosting, infrastructure, security, compliance, personnel, energy, or third-party provider costs. Price changes do not work retroactively for services already fully rendered or billing processes already completed. The GTC do not have to be reformulated for every price change; the respective current price overviews and individually included price documents can be decisive.

6.10 Already topped-up credit is basically offset according to the price logic valid at the time of use, unless a deviating individual fixed price or price guarantee agreement has been made.

6.11 Obvious misbillings, technical double billings, or erroneous charges can be corrected by the provider. The provider is entitled to make credits, correction bookings, or refunds in the wallet in such cases.

7.1 The contract term is based on the main contract, the individual offer, or the specifically agreed form of service.

7.2 Unless a continuous usage contract with a minimum term is agreed, there is basically no classic subscription relationship in the model described here, but an onboarding with subsequent usage-dependent use of credit.

7.3 The right to extraordinary termination for good cause remains unaffected.

7.4 A good cause exists for the provider in particular if:

7.5 After the end of the contract, the provider can block access and delete customer data after reasonable periods of time, unless statutory storage obligations, legitimate interests in proof, or deviating agreements stand in the way.

7.6 The customer is responsible for exporting or otherwise securing their data and content in good time before the end of the contract or before final deletion, insofar as export or retrieval functions are provided for this or an export is technically reasonably possible.

7.7 Unless otherwise agreed, remaining credit expires after the end of the contract or after the expiry of the respective validity period according to the agreed price and credit logic. Mandatory legal rights remain unaffected.

8.1 The provider provides the platform within the framework of technical and operational possibilities.

8.2 Uninterrupted and error-free availability at all times is not owed, unless expressly agreed otherwise.

8.3 The provider is entitled to carry out maintenance, updates, security measures, technical adjustments, and further developments.

8.4 Where possible, plannable maintenance windows are announced with reasonable notice.

8.5 Temporary restrictions on availability can result in particular from:

8.6 The provider is entitled to use subcontractors, hosting, infrastructure, security, AI, payment, monitoring, or other technical service providers for service provision.

8.7 Response times, support levels, fixed recovery times, or separate SLA promises exist only if they have been expressly agreed.

9.1 The customer undertakes to use the platform only within the framework of applicable law and these GTC.

9.2 It is in particular inadmissible:

9.3 The customer is responsible for ensuring that the data, media, texts, images, logos, property information, and other content posted by them may be used lawfully.

9.4 Insofar as personal data of third parties is processed, the customer is responsible for ensuring that there is a legal basis for this and that required information obligations are fulfilled.

9.5 The customer remains responsible for the factual review, release, and legal admissibility of their content, publications, recordings, transcriptions, communication measures, and automated processing.

9.6 Insofar as the customer uses recordings, speech processing, transcriptions, or workflow-based evaluations, they are responsible for ensuring that all necessary legal requirements, information obligations, and, if applicable, consents are met.

10.1 All content uploaded or provided by the customer basically remains with the customer or the respective rights holder.

10.2 The customer grants the provider the simple, non-exclusive, non-transferable usage rights required for contract execution, limited in time to the contract duration and technically required follow-up times, in particular for:

10.3 The provider does not acquire any further rights to the customer's content unless this is expressly agreed.

10.4 The customer remains solely responsible for the legal admissibility of the content uploaded by them.

10.5 All rights to the platform, the software, the modules, the system architecture, the workflows, templates, designs, interfaces, data structures, technical concepts, and other content provided by the provider remain with the provider or the respective rights holders.

10.6 The customer receives a simple, non-exclusive, non-sublicensable, and non-transferable right to use the platform to the contractually agreed extent for their own business purposes for the duration of the contract.

10.7 There is no claim to the surrender of source code, raw projects, development stages, or technical intermediate stages not expressly owed.

11.1 ImmoVision AI can provide AI-supported functions, in particular for text, image, video, structuring, analysis, or automation processes.

11.2 AI-generated results can be incomplete, erroneous, inaccurate, stylistically unsuitable, or in need of legal or content review despite careful technical design.

11.3 The customer is obliged to independently check AI-generated results before their publication, disclosure, commercial use, or other productive use.

11.4 The provider owes no content accuracy, legal suitability, marketability, or economic effect of individual AI results.

11.5 The customer may not use AI functions for illegal, discriminatory, deceptive, manipulative, or otherwise abusive purposes.

11.6 The provider is entitled to use, change, or replace internal or external models, model versions, providers, rendering or processing services for AI functions with functionally comparable services, provided that the contractual core is not unreasonably impaired.

11.7 Insofar as AI functions generate evaluations, structurings, prioritizations, or automation suggestions, these basically serve to support the customer and do not replace independent review and decision-making by the customer.

12.1 Depending on activation, the provider provides functions for the creation, editing, provision, or publication of digital exposés, microsites, image and media outputs, staging results, and social media videos.

12.2 The customer is responsible for:

12.3 The provider does not owe that published content on third-party platforms is permanently available unchanged, disruption-free, or with identical representation.

12.4 Insofar as hosting services for exposés, microsites, or media are part of the scope of services, these apply only to the agreed extent.

12.5 The customer is responsible for checking published content for completeness, accuracy, and legal admissibility before activation or distribution.

13.1 Insofar as functions for connection or synchronization with real estate portals or other third-party platforms are provided, the actual possibility of use also depends on the technical, contractual, and regulatory conditions of the respective third-party provider.

13.2 The provider owes no permanent availability, acceptance, reach, visibility, or preferred treatment on third-party platforms.

13.3 Changes to APIs, interfaces, terms of use, or technical requirements of third-party providers can lead to functions having to be restricted, adapted, or discontinued.

13.4 Insofar as third-party providers demand their own fees, charges, accounts, contracts, or technical activations, these are to be fulfilled or borne by the customer, unless expressly agreed otherwise.

13.5 The customer is responsible for complying with the respective terms of use, publication requirements, and compliance specifications of the connected third-party platforms.

14.1 In team and enterprise models, the customer can create several users and assign roles or rights.

14.2 The customer is responsible for ensuring that their users comply with these GTC.

14.3 Actions of users assigned to the customer are considered actions of the customer.

14.4 Enterprise-specific services, integrations, SSO, webhooks, API access, custom templates, training, or individual rollout services result exclusively from the respective offer or individual contract.

14.5 The customer is responsible for the internal organization of their users, roles, releases, permissions, and access decisions.

15.1 Insofar as the provider provides APIs, webhooks, or integration possibilities, these may only be used to the agreed extent and according to the technical documentation.

15.2 The provider is entitled to restrict, limit, or block API access in the event of misuse, security risks, excessive load, or contract violations.

15.3 The customer is responsible for the integrations set up by them or on their behalf, in particular regarding data security, permissions, token management, and legal admissibility.

15.4 The customer bears responsibility for external systems, apps, connectors, or third-party providers that they connect to the platform, insofar as these have not been expressly taken over by the provider as their own service component.

16.1 Insofar as the provider processes personal data on behalf of the customer, the parties conclude, if necessary, a data processing agreement in accordance with Art. 28 GDPR.

16.2 Otherwise, the provider's data protection provisions in their currently valid version apply.

16.3 The customer remains responsible under data protection law insofar as they decide as a controller on the purposes and means of processing.

16.4 The customer is responsible for ensuring the required information obligations, consents, or other data protection requirements towards data subjects, insofar as this falls within their area of responsibility.

16.5 The provider is entitled to use sub-processors and technical service providers to provide their services, insofar as this is permissible under data protection law.

17.1 Both parties undertake to treat confidential information of the other party confidentially and to use it only for the execution of the contract.

17.2 Technical, economic, operational, organizational, and contractual information that is not obvious is considered confidential in particular.

17.3 The obligation does not apply to information that:

17.4 The confidentiality obligation continues to apply after the end of the contract as long as and insofar as the information in question remains confidential.

18.1 For the contractually owed provision of digital services, the statutory provisions apply unless otherwise regulated in these GTC.

18.2 The customer must report recognizable defects immediately and cooperate to a reasonable extent in isolating and rectifying them.

18.3 Insignificant deviations, mere optical differences, or minor functional impairments that do not significantly impair the contractually intended use do not constitute a defect.

18.4 The provider is entitled to rectify defects within a reasonable period of time at their own choice by repair, replacement, workaround, or functionally equivalent bypass solution.

18.5 For free test, beta, or preview functions, the provider is only liable and warrants in accordance with mandatory statutory provisions, unless expressly agreed otherwise.

19.1 The provider is liable without limitation:

19.2 In the event of simple negligence, the provider is only liable for the violation of an essential contractual obligation. In this case, liability is limited to the contract-typical, foreseeable damage.

19.3 Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

19.4 Further liability of the provider is excluded.

19.5 The above liability limitations also apply in favor of legal representatives, employees, vicarious agents, and other auxiliary persons of the provider.

19.6 The provider is in particular not liable for:

20.1 The customer indemnifies the provider against all claims of third parties based on an illegal, contract-violating, or rights-violating use of the platform by the customer or their users.

20.2 This also includes reasonable costs of legal defense, provided the customer is responsible for the breach of duty.

20.3 This applies in particular to:

21.1 The provider is entitled to change these GTC with effect for the future, insofar as:

21.2 The customer is informed of changes in text form with a reasonable period of notice.

21.3 If the customer objects to a change in a timely manner, the previous conditions continue to apply until the next possible end of the contract, provided that it is reasonable for the provider to adhere to them. Otherwise, both parties have a right to extraordinary termination with effect from the time of the change.

21.4 The right of the provider to further develop, adapt, or technically change services in accordance with these GTC or individual agreements remains unaffected.

22.1 The provider is entitled to use the name and logo of the customer to a reasonable extent as a reference, provided the customer does not expressly object in text form.

22.2 Individual confidential content, key figures, access data, raw data, or project details are not published without separate consent.

22.3 The customer can object to a future reference naming at any time in text form. However, materials already created or distributed only have to be removed or adapted insofar as this is possible and reasonable for the provider with reasonable effort.

23.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

23.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, insofar as legally permissible, Kiel.

23.3 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

23.4 Individual agreements, offers, and enterprise contracts take precedence over these GTC in the event of a conflict.