General Terms and Conditions

1.1 The provider of the 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, 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 businesses (Unternehmer) within the meaning of Section 14 German Civil Code (BGB), legal entities under public law or special funds under public law. The conclusion of a contract with consumers is excluded. The customer warrants that it will use the services exclusively within the scope of its commercial, independent professional, official or other business activity.

1.4 Deviating, conflicting or supplementary general terms and conditions of the customer shall 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 incorporated contractual documents shall take precedence over these GTC in the event of a conflict.

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

2.2 Depending on the scope of services, activation and individual agreement, ImmoVision may in particular include functions such as:

• structured property entry,
• AI-supported text and content processing,
• AI-supported image editing,
• virtual staging,
• market analyses,
• lead and CRM-related functions,
• digital exposé pages,
• microsites,
• communication and enquiry functions,
• user, role and team functions,
• social media video creation,
• dashboard, admin and billing functions,
• workflow and automation functions,
• API and integration functions, insofar as agreed.

2.3 The specific scope of services results from:

• the main contract,
• the individual offer,
• the current service description,
• the activated modules,
• any separate project, enterprise or supplementary agreements.

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

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

3.2 A contract is concluded by:

• registration and confirmation by the provider,
• acceptance of an individual offer,
• activation of an account,
• order confirmation,
• commencement of the provision of services,
• or other express acceptance by the provider.

3.3 The provider is entitled to reject enquiries 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 it without undue delay in the event of changes.

3.5 If a person acts on behalf of the customer, the customer warrants that this person is authorised to conclude the contract and to make the respective declarations.

4.1 The use of the platform may require a user account.

4.2 Access credentials must be treated confidentially and protected against access by third parties.

4.3 The customer is responsible for all activities carried out under its user account or by its users, insofar as these are attributable to its sphere of responsibility.

4.4 The provider is entitled to temporarily block access if there are specific indications of misuse, security risks, breaches of contract or unauthorised use.

4.5 The customer must inform the provider without undue delay if it has indications that access credentials have been compromised or that unauthorised access has occurred.

5.1 The use of ImmoVision requires a paid subscription in the form of a package. Each package comprises a package price, a number of included users and a monthly AI credit; users beyond the included users are charged per additional user. The price, currency, package scope and selectable billing periods (monthly or annually) are shown in the price overview and in the order process. For annual billing, twelve times the monthly price is charged; a discount is granted only if expressly agreed.

5.2 Each package includes an AI credit for every calendar month in the amount shown in the price overview (included AI credit). Paid AI services are first offset against the included AI credit of the current month and only then against prepaid credit (clause 5.5). The included AI credit applies only to the respective calendar month (the office’s time zone is decisive) and expires at its end, also in the case of annual billing; it is not transferable and is not paid out. If the customer switches to a larger package during the month, the included AI credit of that month increases accordingly; if the customer switches to a smaller package, it is not reduced in the current month.

5.3 Billable users are all active user accounts created for the customer as well as invitations sent but not yet accepted; accounts of a franchise headquarters and accounts of the platform operator do not count. If the number of billable users exceeds the users included in the package, the additional user price is charged for each further user. Changes are reconciled with the payment service provider and taken into account in accordance with the conditions shown in the price overview.

5.4 The subscription renews in each case for the selected billing period unless it is cancelled. The customer may cancel at any time with effect from the end of the current, already paid billing period, in particular in the “Billing” area of the dashboard. Access remains in place until the end of this period; until then, the cancellation can be withdrawn. There is no pro rata refund for the current period unless mandatory law requires otherwise.

5.5 In addition to the included AI credit, credit can be topped up in advance (prepaid credit; selectable amounts according to the price overview). The prices of the individual AI services can be viewed in the price overview in the dashboard. A separate cost notice before an AI action appears if the expected amount reaches or exceeds EUR 7 or the equivalent in the billing currency, if the action exceeds the remaining included AI credit and therefore uses prepaid credit, or if the price cannot be determined in advance. The expected amount is reserved for the duration of the processing and only finally deducted after a successful result; if the processing fails, the reservation is released.

5.6 By way of derogation from clause 5.5, costs already incurred with the AI or media provider for an operation triggered by the customer but which has failed in whole or in part or which has been aborted by the customer (e.g. video clips or image attempts already generated) may be charged at the purchase price without mark-up. The platform indicates this in the respective operation.

5.7 A billable AI operation is in particular a completed result, e.g. a text or translation result, a market analysis, the editing or virtual staging of an image, a video clip, a transcription or evaluation of a recording, a dictation or a voice command. Several images, variants or clips are each separate operations. Minute-based services (e.g. voice conversations, transcription) are charged according to the displayed per-minute logic.

5.8 The provider is entitled to specify in more detail the definition of individual billable events, workflow triggers and 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 changed unreasonably.

5.9 Credit is used exclusively for the use of ImmoVision. Cash payout, payment of interest or conversion into other services is excluded unless mandatory law requires otherwise.

5.10 Prepaid credit does not expire during the term of the contract; clause 7.7 applies to the end of the contract. The included AI credit under clause 5.2 remains unaffected. Mandatory statutory rights remain unaffected.

5.11 When consumption reaches 80 % and 100 % of the included AI credit of a month, the platform notifies the office management. The customer can additionally set a warning threshold for the prepaid credit. The customer is responsible for topping up in good time.

5.12 If both the included AI credit and the prepaid credit are used up, paid AI actions are not started until credit is topped up. All other functions of the platform remain available.

5.13 The office management can activate automatic top-up in the dashboard. In doing so, the customer authorises the provider to charge the stored payment method via the payment service provider, without further involvement, with the selected top-up amount as soon as the prepaid credit falls below the selected trigger threshold, but in total no more than the monthly cap set by the customer. The customer receives an invoice for each top-up. If a charge fails or an additional confirmation (e.g. 3-D Secure) is required, automatic top-up is paused and the office management is notified; it only becomes active again when the setting is saved again. The customer can switch off automatic top-up in the dashboard at any time; this ends the authorisation for future charges.

5.14 The provider is entitled to objectively further develop or adapt services and usage models or to replace them with functionally equivalent services, provided that the contractual core is not thereby unreasonably impaired.

5.15 Usage-related limits, fair-use limits or technical limits may 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 authoritative.

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

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

6.2 Unless otherwise stated, all prices are exclusive of statutory value added tax.

6.3 No separate fees are charged for set-up and onboarding via the platform. Individual special projects, customisations, training or migration services outside the platform are charged only on the basis of a separate offer and an express order.

6.4 Subscription fees are payable in advance at the beginning of the respective billing period. Credit top-ups and other services subject to payment are due immediately unless otherwise agreed. Payment is processed via the payment service provider Stripe.

6.5 The provider may prescribe certain methods of payment for individual payment types, top-up operations or contract models.

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

• to demand statutory default interest,
• to restrict access in whole or in part,
• to withhold outstanding services,
• to suspend wallet/credit functions,
• or to terminate the contract for cause after setting a reasonable deadline.

6.7 A right of retention or set-off is only permissible with undisputed or legally established claims.

6.8 Invoices may be transmitted electronically. Unless otherwise agreed, invoices are payable immediately without deduction.

6.9 The provider is entitled to adjust prices with effect for future top-ups, future use or future services if there is an objective reason for doing so, in particular changes in procurement, hosting, infrastructure, security, compliance, personnel, energy or third-party costs. Price changes do not have retroactive effect on services already fully rendered or billing operations already completed. The GTC need not be reworded for each price change for this purpose; the current price overviews and individually incorporated price documents may be authoritative.

6.10 Credit already topped up is generally offset according to the pricing logic applicable at the time of use, unless a deviating individual fixed-price or price-guarantee agreement has been made.

6.11 Obvious incorrect debits, technical double debits or erroneous charges may be corrected by the provider. In such cases, the provider is entitled to make credits, correcting entries or refunds in the wallet.

7.1 The term of the subscription is determined by the selected billing period and clause 5.4; otherwise by the main contract or the individual offer.

7.2 Access to the platform ends with the end of the subscription. Deviating terms, minimum terms or notice periods only apply if they have been individually agreed.

7.3 The right to extraordinary termination for cause remains unaffected.

7.4 Cause exists for the provider in particular if:

• the customer is in default with payments due,
• uses the platform abusively or unlawfully,
• passes on access credentials without authorisation,
• infringes the rights of third parties,
• breaches material contractual obligations,
• or the customer's use significantly endangers the security, integrity or availability of the platform.

7.5 After the end of the contract, the provider may block access and delete customer data after the expiry of reasonable periods, insofar as this is not precluded by statutory retention obligations, legitimate evidentiary interests or deviating agreements.

7.6 The customer is responsible for exporting or otherwise backing up its data and content in good time before the end of the contract or before final deletion. For this purpose, the platform provides the agency management with a complete export of the agency data (Office settings → Data & contract).

7.7 Unless otherwise agreed, any remaining prepaid credit can no longer be used after the end of the contract and expires; the included AI credit expires in accordance with clause 5.2. Mandatory statutory rights remain unaffected.

8.1 The provider makes the platform available within the scope of its technical and operational capabilities.

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 advance notice.

8.5 Temporary restrictions on availability may arise in particular from:

• maintenance and updates,
• security measures,
• disruptions of networks or third-party infrastructures,
• force majeure,
• official measures,
• missing or deficient cooperation by the customer,
• failures of or changes to third-party platforms or cloud/AI services.

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

8.7 Response times, support levels, fixed recovery times or separate SLA commitments only exist insofar as 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 In particular, it is not permitted:

• to upload or distribute unlawful content,
• to infringe the rights of third parties,
• to use content without the necessary rights of use,
• to introduce harmful code, malware or manipulative scripts,
• to circumvent protective measures or access restrictions,
• to use the platform in an abusive manner, in a manner that overloads it or in a manner that endangers security,
• to carry out automated mass use outside the agreed scope,
• to carry out reverse engineering, decompilation or comparable interventions, unless this is mandatorily permitted by law.

9.3 The customer is responsible for ensuring that the data, media, texts, images, logos, property information and other content posted by it 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 the necessary information obligations are fulfilled.

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

9.6 Insofar as the customer uses recordings, voice processing, transcriptions or workflow-based evaluations, it is itself responsible for ensuring that all statutory requirements, information obligations and, where applicable, consents required for this are in place.

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

10.2 The customer grants the provider the simple, non-exclusive, non-transferable rights of use required for the performance of the contract, limited in time to the term of the contract and technically necessary run-off periods, in particular for:

• storage,
• processing,
• conversion,
• reproduction,
• technical provision,
• output of the content within the booked services.

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

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

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 For the term of the contract, the customer receives a simple, non-exclusive, non-sublicensable and non-transferable right to use the platform to the contractually agreed extent for its own business purposes.

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

11.1 ImmoVision provides AI-supported functions, in particular for text, translation, image, video, voice, transcription, structuring, analysis and assistance processes. Which functions use AI, with which provider and where the processing takes place is described on the “AI transparency” page in its current version.

11.2 Despite careful technical design, AI-generated results may be incomplete, erroneous, inaccurate, stylistically unsuitable or in need of legal or substantive review.

11.3 The customer is obliged to review AI-generated results on its own responsibility before their publication, disclosure, use in sales or other productive use. This applies in particular to information on floor areas, numbers of rooms, prices, location, features, energy performance figures and mandatory legal information.

11.4 The provider does not owe the substantive accuracy, legal suitability, marketability or economic effect of individual AI results.

11.5 Roles under the AI Act (Regulation (EU) 2024/1689): The provider provides the AI functions integrated into ImmoVision; the customer uses them on its own responsibility for its business activities and is to that extent the deployer. The provider fulfils the transparency obligations incumbent on it, in particular the notice that visitors are communicating with an AI assistant and the machine-readable or visible labelling of AI-generated or AI-modified images and videos.

11.6 As deployer, the customer is in particular obliged (a) to take measures to ensure that its users have a sufficient level of AI literacy (Art. 4 AI Act) — the platform supports this through a short training course and its documentation, but does not replace the customer's responsibility; (b) not to remove, obscure or falsify the labelling of AI-generated or AI-modified content upon publication and disclosure; (c) to publish AI-modified property images only if they do not present the property in a misleading manner and do not conceal defects — for this purpose, the platform requires a confirmation per image and logs it.

11.7 The customer may not use AI functions for unlawful, discriminatory, deceptive, manipulative or otherwise abusive purposes, in particular not for practices prohibited under Art. 5 AI Act and not for purposes that the AI Act classifies as high-risk (e.g. the evaluation or monitoring of employees or the assessment of the creditworthiness of natural persons), unless separately agreed.

11.8 The provider does not use the customer's content and personal data to train its own AI models. The AI providers used are contractually bound; the specific providers and regions are named on the “AI transparency” page and in the list of sub-processors.

11.9 AI functions can be switched on or off for the agency as a whole and for individual users. Certain functions are switched off by default and are only activated after the costs have been displayed.

11.10 The provider is entitled to use, change or replace with functionally comparable services models, model versions, providers, regions, rendering or processing services for AI functions, provided that the contractual core is not thereby unreasonably impaired; a change of sub-processors takes place in accordance with the DPA.

11.11 Insofar as AI functions generate assessments, structurings, prioritisations, summaries or automation suggestions, these serve to support the customer and do not replace the customer's own review and decision. Legally significant decisions about natural persons are not made solely by automated means.

12.1 Depending on activation, the provider makes available 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:

• content and its accuracy,
• compliance with statutory information obligations,
• rights to images, texts, logos and media,
• data protection-compliant use,
• the substantive approval of published presentations,
• and the review of other mandatory legal information.

12.3 The provider does not owe that published content is permanently available on third-party platforms unchanged, without disruption or with identical presentation.

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

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

13.1 Insofar as functions for connection or synchronisation with property 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 does not owe permanent availability, acceptance, reach, visibility or preferential treatment on third-party platforms.

13.3 Changes to APIs, interfaces, terms of use or technical requirements of third-party providers may mean that functions have to be restricted, adapted or discontinued.

13.4 Insofar as third-party providers require 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, office and franchise packages, the customer can create several users and assign roles or permissions.

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

14.3 Actions of users assigned to the customer are deemed to be actions of the customer.

14.4 Services for franchise headquarters and networks, integrations, SSO, webhooks, API access, training or individual rollout services result from the service description, the price overview or the respective offer.

14.5 The customer is itself responsible for the internal organisation of its users, roles, permissions and access decisions.

15.1 Insofar as the provider provides APIs, webhooks or integration options, these may only be used to the agreed extent and in accordance with 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 breaches of contract.

15.3 The customer is itself responsible for the integrations set up by it or on its behalf, in particular with regard to data security, permissions, token management and legal admissibility.

15.4 The customer bears responsibility for external systems, apps, connectors or third-party providers that it connects to the platform, insofar as these have not been expressly assumed by the provider as part of its own services.

16.1 Insofar as the provider processes personal data on behalf of the customer, the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR published on the website, including its annexes (TOMs, sub-processors), applies; it becomes part of the contract upon confirmation when the agency is set up. Individually concluded data processing agreements take precedence.

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

16.3 The customer remains responsible under data protection law insofar as it decides, as controller, on the purposes and means of the processing.

16.4 The customer is responsible for ensuring vis-à-vis data subjects the necessary information obligations, consents or other data protection requirements, insofar as this falls within its sphere of responsibility.

16.5 For customers in Turkey, Law No. 6698 on the Protection of Personal Data (KVKK) applies in addition; vis-à-vis its prospects and customers, the customer is the controller (veri sorumlusu) and the provider is the processor (veri işleyen).

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

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

17.2 In particular, non-public technical, economic, operational, organisational and contractual information is deemed confidential.

17.3 The obligation does not apply to information that:

• is or becomes generally known,
• was lawfully obtained from third parties,
• was already known without breach of confidentiality obligations,
• or must be disclosed on the basis of a legal obligation, official order or court decision.

17.4 The confidentiality obligation continues to apply after the end of the contract for as long as and to the extent that the information concerned remains confidential.

18.1 The statutory provisions apply to the contractually owed provision of digital services, unless otherwise provided in these GTC.

18.2 The customer must notify recognisable defects without undue delay and cooperate to a reasonable extent in their isolation and remedy.

18.3 Insignificant deviations, merely visual differences or minor functional impairments that do not significantly impair contractual use do not constitute a defect.

18.4 The provider is entitled to remedy defects within a reasonable period, at its own discretion, by rectification, substitute performance, a workaround or a functionally equivalent circumvention solution.

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

19.1 The provider is liable without limitation:

• in the event of intent and gross negligence,
• in the event of injury to life, body or health,
• under the German Product Liability Act (Produkthaftungsgesetz),
• and in cases in which liability is mandatorily prescribed by law.

19.2 In the event of simple negligence, the provider is only liable for breach of a material contractual obligation. In this case, liability is limited to the typical, foreseeable damage for this type of contract.

19.3 Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

19.4 Any further liability of the provider is excluded.

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

19.6 In particular, the provider is not liable for:

• economic decisions of the customer,
• the content or legal admissibility of customer content,
• the factual accuracy of AI-generated results,
• reach, rankings, visibility, portal placements or sales success,
• disruptions, failures, changes or blocks on third-party platforms,
• damage resulting from unlawful use of the platform by the customer or use in breach of contract,
• wrong decisions based on automatically generated summaries, analyses, prioritisations or workflow suggestions.

20.1 The customer shall indemnify the provider against all claims of third parties based on unlawful use, use in breach of contract or infringing use of the platform by the customer or its users.

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

20.3 This applies in particular also to:

• impermissible content,
• missing rights to media,
• impermissible recordings or transcriptions,
• violations of data protection, competition or platform requirements,
• unlawful publications or automated further processing.

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

• this is necessary for legal reasons,
• technical or organisational developments make this expedient,
• security or compliance requirements so require,
• gaps in the provisions are closed,
• or the balance between performance and consideration is not shifted unreasonably to the detriment of the customer.

21.2 The customer will be informed of changes in text form with reasonable notice.

21.3 If the customer objects to a change in due time, 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 provider's right to objectively 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 customer's name and logo to a reasonable extent as a reference, unless the customer expressly objects to this in text form.

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

22.3 The customer may object to future use as a reference at any time in text form. However, materials already created or distributed only need to be removed or adapted to the extent that 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 Kiel, insofar as legally permissible.

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.