Terms of Service
Effective: January 1, 2025
1. Scope
These Terms apply to all contracts between Immomonk GmbH (the 'Provider') and companies and entrepreneurs (the 'Customer') regarding use of the immoMonk SaaS platform. Customer's deviating terms are not recognized.
2. Contract Formation
A contract is formed when the Customer selects a subscription via the website or written order and the Provider confirms the order. Registering a trial account does not constitute a paid contract.
3. Scope of Services
The Provider makes the platform available as Software-as-a-Service and strives for availability of at least 99.5% monthly average (excluding announced maintenance windows). Feature updates and security patches are included.
4. Payment Terms
Usage fees are due monthly or annually in advance. Payment is made by SEPA direct debit, credit card, or invoice (from Pro plan). In case of default, the Provider is entitled to suspend access after written notice.
5. Data Protection and Security
The Provider processes personal data of the Customer and its end users solely to provide the services and in accordance with the Privacy Policy and the Data Processing Agreement (DPA), available on request.
6. Liability
The Provider's liability is limited to intent and gross negligence. Liability for indirect damages, lost profit, or data loss is excluded to the extent permitted by law. Liability is capped at the annual fee paid in the respective contract year.
7. Termination
The monthly plan can be terminated with 30 days' notice to the end of the month. The annual plan can be terminated with 60 days' notice to the end of the contract year. The right to extraordinary termination for cause remains unaffected.
8. Governing Law and Jurisdiction
Austrian law applies, excluding the UN Sales Convention (CISG). The exclusive place of jurisdiction for all disputes arising from this contract is Vienna, Austria, provided the Customer is a business within the meaning of the Austrian Commercial Code (UGB).