Terms and conditions (AGB)

This is a convenience translation. Only the German version is legally binding. Deutsche Fassung (German version)

§ 1 Scope and provider

(1) These general terms and conditions (Allgemeine Geschäftsbedingungen, AGB) apply to all contracts for the use of the immonum software between KIWAX Thomas Wachsmuth, owner: Thomas Wachsmuth, Kantstr. 27, 10623 Berlin (email: info@kiwax.de; the “Provider”) and its customers (the “Customer”).

(2) The Customer's own general terms and conditions do not apply, even if the Provider does not expressly object to them or performs its services in the knowledge of them. Individual agreements made in a specific case take precedence over these terms (§ 305b BGB, German Civil Code, Bürgerliches Gesetzbuch).

§ 2 Businesses only

(1) immonum is intended exclusively for entrepreneurs within the meaning of § 14 BGB (Unternehmer, i.e. businesses), legal entities under public law and special funds under public law. The Provider does not conclude contracts with consumers.

(2) By submitting an enquiry, the Customer confirms that it is acting on behalf of a business. The Provider may request proof of this, such as the VAT identification number or an extract from the commercial register.

§ 3 Conclusion of the contract

(1) The presentation of immonum on the website and the demo account do not constitute a binding offer. An enquiry from the Customer, for example via the form on the website, is a non-binding request to conclude a contract.

(2) The contract is concluded only when the Provider confirms it in text form (Textform) or activates access for the Customer's company and notifies the Customer of this in text form, for example by email. In the confirmation, the Provider states the monthly fee chosen by the Customer.

(3) There is no entitlement to the conclusion of a contract.

§ 4 Services and right of use

(1) immonum is a web application for property developers, sales organisations and property advisers, which the Provider makes available over the internet (software as a service). It comprises in particular sample calculations of tax effect, yield, liquidity and financing, the management of projects, flats and clients, reservations, the sales process, commission, PDF output, client links and location maps. The range of functions at the time the contract is concluded is decisive; it develops further in accordance with § 6.

(2) The Customer uses immonum via an up-to-date web browser. The Customer is responsible for its own internet access and devices.

(3) For the term of the contract, the Provider grants the Customer the simple, non-transferable right to use immonum for its own business purposes. For this purpose, the Customer may create user accounts for its employees and for sales partners who work with it. It may not make immonum available to third parties for their own purposes.

(4) The data that the Customer enters in immonum remains the Customer's data. The Provider uses it only to perform the contract (§ 15).

(5) The Provider answers questions about using the software by email within a reasonable time. No fixed response or resolution times are agreed.

§ 5 Availability and maintenance

(1) The Provider makes immonum available with reasonable availability within the limits of what is technically and economically reasonable. No specific availability rate is agreed.

(2) The Provider is not responsible for disruptions that lie outside its sphere of influence and that of its vicarious agents, such as disruptions of the internet or of the Customer's internet connection, or force majeure.

(3) Where possible, the Provider carries out maintenance outside normal business hours (working days from 8:00 to 18:00). It gives advance notice, for example by email, of planned maintenance during which immonum cannot be reached. It may install urgent security updates without notice.

§ 6 Further development

(1) The Provider develops immonum further. It may change or add functions or replace them with equivalent ones if this is reasonable for the Customer, taking the Customer's interests into account. This is the case in particular if the change is necessary because of a change in the law (for example in tax law), for security reasons or because of technical developments, or if it improves immonum and the core of the services under § 4(1) is preserved.

(2) The Provider announces material changes that impair use for the Customer more than insignificantly in text form at least six weeks before they take effect. The Customer may then terminate the contract with effect from the date on which the change takes effect; the Provider points this out in the announcement. If a change is required earlier for mandatory legal reasons or to avert a security risk, the Provider announces it as early as possible.

§ 7 Calculations

(1) The calculations in immonum, for example of tax effect, yield, liquidity and financing, are non-binding model calculations. They are based on the entries and assumptions that the Customer makes or adopts, and on simplified calculation rules.

(2) immonum does not provide tax, legal or investment advice, either to the Customer or to the Customer's clients. The Customer checks the results before passing them on to its clients and is itself responsible for advising its clients.

(3) Tax law and funding conditions change. The Provider adapts immonum by means of updates to changes that are material for the calculations. It does not promise that every change is taken into account at every point in time.

(4) The Provider's liability in this respect is also governed by § 13.

§ 8 Obligations of the Customer

(1) The Customer keeps its access data secret, ensures that its users do the same, and informs the Provider without delay if it suspects misuse.

(2) The Customer creates its users and assigns roles and permissions itself. It is responsible for use by its users.

(3) The Customer does not upload any unlawful content and does not use immonum in a way that infringes the rights of third parties or endangers operation.

(4) The Customer is the controller within the meaning of the General Data Protection Regulation (GDPR; German: DSGVO) for the personal data it enters in immonum. It ensures that it is permitted to process this data and informs the data subjects.

(5) The Provider backs up the data regularly (Annex 1 of the data processing agreement). The Customer is advised to back up important data itself at appropriate intervals in addition, for example with the company backup or with CSV exports.

(6) If there are specific indications of misuse of an account or of a risk to the security of immonum or of data, the Provider may temporarily block individual accounts to the extent necessary to avert the risk. It informs the Customer without delay and lifts the block as soon as the reason no longer applies.

§ 9 Client links

(1) With a client link, the Customer can show its own clients a calculation in the browser without them needing an account. Anyone who knows the link can see the released content for as long as the link is valid.

(2) The Customer decides whom it gives a link to and is responsible for passing it on. Links expire after the chosen period and can be revoked at any time.

§ 10 Price and payment

(1) The Customer sets the monthly fee itself when concluding the contract; most customers pay €20 a month. The fee applies per company and covers all users of the company. All amounts are subject to statutory VAT where applicable.

(2) The Customer may change the fee in text form. The change applies from the month following its receipt.

(3) The fee is payable monthly in advance, on the first day of each month. If the contract begins during a month, a pro rata fee is charged for that month. Payment is made by invoice or by SEPA direct debit if the Customer has issued a direct debit mandate. The Customer receives invoices electronically, for example by email.

(4) The Provider gives notice of a SEPA direct debit no later than one day before collection, for example with the invoice.

(5) If the Customer is in arrears with more than two monthly fees, the Provider may block access, after announcing this in text form with two weeks' notice, until the outstanding amounts have been paid. The Customer's data is retained during the block. The right to extraordinary termination remains unaffected.

§ 11 Term and termination

(1) The contract runs for an indefinite period. There is no minimum term.

(2) The Customer may terminate the contract at any time with effect from the end of a calendar month. The notice of termination must reach the Provider no later than the last day of that month.

(3) The Provider may terminate the contract with three months' notice to the end of a calendar month.

(4) The right of both parties to extraordinary termination for good cause remains unaffected.

(5) Notices of termination must be given in text form, for example by email to info@kiwax.de.

§ 12 Data after the end of the contract

(1) Until the end of the term, the Customer can download all data of its company, in particular as a company backup (one file containing all of the company's data) and as CSV exports.

(2) 30 days after the end of the contract, the Provider permanently deletes the company's data unless there is a statutory obligation to retain it. Until then, it provides the Customer with a company backup on request.

(3) Copies in backups are deleted as part of the regular backup rotation: of the automatic backups that immonum creates once a day, only the 7 most recent are kept; older ones are deleted, as a rule therefore after 7 days. Safety copies made before program updates and the copy of a deleted company are deleted after 30 days. Details are set out in § 11 of the data processing agreement.

§ 13 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee it has given.

(2) In the case of slight negligence, the Provider is liable only if it breaches a material contractual obligation. Material contractual obligations (cardinal obligations, Kardinalpflichten) are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the damage typical for the contract that was foreseeable when the contract was concluded.

(3) Otherwise, the Provider's liability is excluded.

(4) The Provider's no-fault liability for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded. Paragraph 1 remains unaffected.

(5) In the case of slight negligence, the Provider is liable for the loss of data only up to the amount of the effort that would have been required to restore it if the Customer had backed up its data itself at appropriate intervals (§ 8(5)). The Provider's obligation to back up the data under the data processing agreement remains unaffected.

(6) These rules also apply to the personal liability of the Provider's legal representatives, employees and vicarious agents.

(7) Claims under Art. 82 GDPR remain unaffected.

§ 14 Defects

(1) The Customer reports defects without delay in text form and describes them in such a way that the Provider can reproduce them, for example with the steps that lead to the error.

(2) The Provider remedies reported defects within a reasonable period. It may also provide a workaround for this purpose if this is reasonable for the Customer.

(3) Otherwise, the Customer's statutory rights in the event of defects apply; § 13 applies to damages and reimbursement of expenses.

§ 15 Data protection and processing on behalf

(1) To the extent that the Provider processes personal data on behalf of the Customer, the Customer is the controller and the Provider is the processor (Art. 28 GDPR). The data processing agreement (Auftragsverarbeitungsvertrag, AVV) forms part of the contract; it is available on this website under “Data processing agreement”.

(2) If these terms and the data processing agreement contradict each other, the data processing agreement takes precedence insofar as the protection of personal data is concerned.

(3) The Provider's privacy policy applies to data that the Provider processes for its own purposes, for example for handling the contract and for invoices.

§ 16 Demo account

(1) The Provider offers a public demo account with entirely made-up sample data. It is free of charge and serves only to get to know the software. There is no entitlement to its availability; the Provider may restrict or discontinue it at any time.

(2) All demo users work in the same account and can see each other's entries. The data is deleted daily at 3:00 (German time) and replaced with the sample data. No real personal data and no confidential information may be entered in the demo.

(3) For the demo account, the Provider is liable only in accordance with § 13(1).

§ 17 Changes to these terms

(1) The Provider may offer the Customer changes to these terms in text form at least six weeks before they are intended to take effect. In doing so, it clearly highlights the changes.

(2) The changes take effect only if the Customer agrees to them in text form. Silence and continued use of immonum do not constitute consent.

(3) If the Customer does not agree, the contract continues on the previous terms. The Provider may then terminate it with ordinary notice in accordance with § 11(3). The Customer may in any case terminate the contract in accordance with § 11(2), including with effect from the date on which the changes were intended to take effect.

§ 18 Final provisions

(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 Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contract is the Provider's registered place of business. The Provider may also sue the Customer at the Customer's general place of jurisdiction.

(3) Text form (§ 126b BGB), for example an email, is sufficient for declarations under this contract.

(4) If a provision of these terms is invalid, the rest of the contract remains valid. The statutory provisions take the place of the invalid provision (§ 306 BGB).

As of: October 2026