Terms & Conditions

Draft -- This translation is provisional and pending legal review.

Draft -- These Terms and Conditions are under legal review and not yet in effect.

1. Scope

These General Terms and Conditions (GTC) apply to the use of the online platform ImmoScoutOnline (hereinafter "Platform"), operated by Softics GmbH, Beethovenstrasse 11, 76676 Graben-Neudorf (hereinafter "Operator"), by commercial real estate brokers (hereinafter "Customer").

Deviating terms and conditions of the Customer shall not apply unless the Operator expressly agrees to their validity in writing.

2. Subject of the Contract

The subject of the contract is the provision of the SaaS platform ImmoScoutOnline for:

  • Presentation of properties on an individual tenant website
  • Management of prospects and contact inquiries
  • Conducting online bidding processes
  • Sending email notifications to prospects

The Operator provides the platform as Software-as-a-Service (SaaS) via the internet. The Customer receives access via an individual subdomain or optionally via a custom domain.

3. Registration and Access

Use of the platform requires registration by the broker company. The Customer warrants upon registration that they operate a commercial real estate brokerage and that the information provided is accurate.

After successful registration, the Customer receives access to their individual tenant environment via a subdomain (e.g., companyname.immoscoutonline.com) or a custom domain. The Customer is responsible for keeping their access credentials confidential.

Optionally, the Customer can synchronize user management via Microsoft Entra ID (formerly Azure Active Directory) with their company directory.

4. Scope of Services

The Operator provides the Customer with the following services:

  • Individual tenant website with custom branding
  • Property management with images, documents, and flexible pricing models
  • Prospect portal with registration and search profiles
  • Online bidding process with real-time notifications
  • Automatic email notifications (new properties, contact inquiries, bids)
  • Contact inquiry forwarding to the responsible broker
  • GDPR-compliant data processing in the EU

The Operator strives for platform availability of 99% on an annual average. Planned maintenance will be announced in advance where possible.

5. Prices and Payment

Current prices are based on the applicable price list. [to be added]

Billing is [to be added -- monthly/annually]. All prices are exclusive of statutory VAT.

Invoices are due within [to be added] days of the invoice date. In case of late payment, statutory provisions apply.

6. Term and Termination

The contract has a minimum term of [to be added]. It is automatically renewed by [to be added] unless terminated with a notice period of [to be added] before the end of the respective term.

The right to extraordinary termination for good cause remains unaffected.

After contract termination, the Customer's data is retained for 30 days for retrieval and then irrevocably deleted, unless statutory retention obligations apply.

7. Data Protection

The Operator processes personal data in accordance with the Privacy Policy and applicable data protection regulations, in particular the GDPR and BDSG.

Where the Operator processes personal data on behalf of the Customer (e.g., prospect data), the parties enter into a data processing agreement (DPA) pursuant to Art. 28 GDPR.

8. Liability

The Operator is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

In cases of slight negligence, the Operator is only liable for breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the typical, foreseeable damage.

Liability under the Product Liability Act remains unaffected.

9. Usage Rights

The Operator grants the Customer a simple, non-transferable, non-sublicensable right to use the platform for the duration of the contractual relationship within the scope of these GTC.

Content uploaded by the Customer (property photos, descriptions, documents) remains the property of the Customer. The Customer grants the Operator the right to store, process, and make publicly accessible such content within the scope of the contractually agreed services.

10. Suspension and Termination by the Operator

The Operator is entitled to temporarily suspend the Customer's access if:

  • The Customer violates these GTC or applicable law,
  • The Customer is in arrears with payment of due amounts,
  • There is reasonable suspicion of misuse of the platform, or
  • Suspension is necessary to protect other customers or the platform.

The Operator will inform the Customer before a suspension and set a reasonable deadline for remedy, unless this is unreasonable for security reasons.

11. Final Provisions

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

The place of jurisdiction for all disputes arising from or in connection with this contract is Mannheim, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a regulation that comes closest to the economic purpose of the invalid provision shall apply.

Amendments and additions to these GTC require text form. This also applies to the waiver of this text form clause.