Terms of use

Updated 15 December 2020
Welcome to Immonify

Please read the following terms of use, which apply to every visitor or user of the website www.immonify.com (hereinafter referred to as the "website"). By using this Website, you impliedly agree to be bound by these Terms of Use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.

1 Scope of application

  1. The following terms and conditions apply to the use of the Immonify website and, where applicable, the Immonify WebApp (hereinafter "website"). In order to use the Website, it is important that you as a user accept the following terms and conditions.
  2. By using our Website, you agree to the terms of use of our Website. By agreeing to this, you warrant to us that you will not make any postings that violate the Terms of Use.
  3. The subject matter of Immonify includes, but is not limited to, access to or use of: Login area, mobile WebApp, access to data delivery, dashboard and reporting, administrative management capabilities.

§ 2 Contact details and legal information

If you have any questions regarding our website, you can reach us at the following contact details:

  • Andreas Ilias
  • Lange Street 59
  • 60311 Frankfurt
  • Phone: +49 69 94943324
  • Mobile: +49 162 7731254
  • Email: contact@immonify.com

§ 3 Availability of the website

  1. Immonify has a general availability of 24 hours a day, 365 days a year. However, there may be interruptions in availability due to maintenance required for the operation of the service. Interruptions in availability may occur, among other things, due to force majeure or other causes for which Immonify is not responsible, such as intent or gross negligence.
  2. The provider points out:
    • that it is technically almost impossible to provide the website free of errors of any kind and that the provider therefore accepts no responsibility for this,
    • that errors may lead to the temporary shutdown of the website,
    • that the availability of these web pages is dependent on conditions and services beyond the control of the provider, such as transmission capacities and telephone connections between the individual parties. We are not responsible for any disruptions falling into this area.

4 Discussion forums

Insofar as the provider makes discussion forums or feedback channels available temporarily or permanently on the website, participants in the discussion forums are expected to observe the usual rules of communication, such as mutual respect. Visitors may not disseminate or publish any offensive, possibly derogatory, foul, indecent, defamatory or obscene material or material that infringes the intellectual property rights of third parties.

§ 5 Electronic communication

When you use any Immonify service or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including via email, text messages, or by posting electronic messages or other communications on our website or as part of other Immonify services. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we communicate to you electronically do not, to that extent, require a written form unless mandatory applicable law requires a different form of communication.

6 Copyright and Database Rights

  1. All content included in or provided through any Immonify service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Immonify or third parties supplying content or making it available on the website and is protected by German copyright and database right laws.
  2. The entire body of Content included in or provided through any Immonify service is also the exclusive property of Immonify and is protected by German copyright and database right laws.
  3. You may not systematically extract and/or re-utilise parts of any Immonify service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any Immonify Service without www.Immonify.com's express written consent. You also may not create and/or publish your own database that includes substantial portions of any Immonify Service without the express written consent of www.immonify.com.

§ 7 Patents

All patents registered on Immonify are also applicable to all services and other products of Immonify. The respective patents may be operated under one or more patents.

§ 8 Your account

  1. Access to some (paid) services of the Website, requires the creation of an account.
  2. The creation of an account is only permitted to persons of full legal capacity, to whom the registration form on the website www.immonify.com is made available.
  3. The user undertakes not to provide false personal information. Furthermore, the user undertakes to check his details regularly to ensure that they are correct.
  4. If you use any Immonify service, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your computer and mobile devices. To the extent permitted under applicable law, you agree to be responsible for all activities that occur through your account or password. You should take all necessary steps to ensure that your password is kept secret and secure and you should inform us immediately if you have any reason to be concerned that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorised manner. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes in respect of the information you provide. You can view and update some of the information you have given us on our website.
  5. The user cannot subsequently change their username. However, the user is permitted to change their password at any time.
  6. You may not use any Immonify service in a manner that is likely to interrupt, damage or otherwise impair Immonify's services or access.
  7. Further, you may not use Immonify's services for fraudulent or in connection with a criminal offence, unlawful activity, harassment or inconvenience.
  8. We reserve the right to withhold services from you on the website or to close member accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our policies.
  9. Users of this website can delete their account at any time by sending a message to this effect via the contact form. The user's account will be deleted after the user has completed and submitted the form. The deadline for deleting the account from our website is 30 days.

§ 9 Intellectual property rights claims

Immonify respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that gives rise to fear of infringement, please follow our procedure for notifying www.immonify.com of an infringement.

§ 10 Liability

  1. We will always endeavour to ensure that Immonify's services are available without interruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Immonify's services may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities. We will try to limit the frequency and duration of any such temporary interruptions or restrictions.
  2. Immonify shall only be liable if the cause of damage is based on an intentional or grossly negligent breach of duty by Immonify or a legal representative or vicarious agent of Immonify.
  3. Furthermore, Immonify is liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach endangers the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, however, Immonify shall only be liable for the foreseeable damage typical for the contract. Immonify and its provider shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
  4. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  5. Insofar as the liability of Immonify is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11 Links to other websites

  1. For links that are not operated by the provider and are located on their website, we have no way of controlling the content of this website, as it is completely independent of us.
  2. For this reason, we do not accept any responsibility for the content of these websites and the consequences of their use by visitors to them. All websites accessed via links are accessed at the user's own risk. No special notice is given when users leave the website. However, we ask you to inform us immediately of any illegal or dubious content on the linked website.
  3. Other websites may have a link to the provider's website. Such a link requires our prior consent.

§ 12 Data protection

  1. It is possible that data and information of visitors and users (date, time, page accessed) about the access are stored on the server. We would like to point out that - without consent - no personal (e.g. name, address or e-mail address) data will be stored.
  2. If personal data is collected, we undertake to obtain the prior consent of the user of the website. We undertake not to pass on any data to third parties unless the visitor or user consents in advance.
  3. We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be completely guaranteed. In this respect, our liability is excluded.
  4. The user has the right to information. You have the right at any time to receive complete and free information from us about the data concerning you.
  5. Furthermore, the user has the right to correction/deletion of data/restriction of processing.
  6. Further details are provided separately in the privacy policy.

13 Cookies

  1. We may use cookies to display our product range. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.
  2. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
  3. Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
  4. We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).
  5. You can object to the storage of cookies. To do this, you can use a banner to object/accept cookies.
  6. You can, of course, set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

14 Changes to the terms of use

We reserve the right to make changes to Immonify services, rules and regulations, terms and conditions including these Terms of Use at any time. You will be subject to the terms and conditions, contractual terms and conditions and terms of use in force at the time you use Immonify's services. If any of these terms and conditions are held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

§ 15 No Waiver

If you breach these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.

16 Jurisdiction and applicable law

  1. Any disputes arising out of or in connection with this contract shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier.

17 Final provisions

  1. 1 The contractual language is German.
  2. If you violate these general terms of use and we do nothing about it, we are still entitled to exercise our rights on any other occasion on which you violate these terms of use.
  3. We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms of Use, at any time. If any provision of these Terms of Use is found to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  4. The invalidity of any provision shall not affect the validity of any other provision under the Agreement. Should this occur, the provision shall be replaced according to its meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.