General Terms and Conditions (GTC) - Relocheck

1. Provider, scope, definitions

1.1 The provider of the services offered on relocheck.com and its associated subdomains is Relocheck GmbH, Breitegasse 18, 1070 Vienna, Austria, email: [email protected] ("Relocheck").
1.2 These GTC apply to all contracts between Relocheck and customers regarding use of the website and the purchase and use of digital Relocheck services.
1.3 These GTC apply to consumers and businesses. Where individual provisions apply only to a specific customer group, this is expressly stated in the respective section.
1.4 Conflicting or deviating customer terms apply only if Relocheck has expressly agreed to them in writing.
1.5 The contract language is German unless another language is expressly agreed.

2. Subject matter of services

2.1 Relocheck provides automatically generated, data-based digital location reports on property locations, in particular as PDF documents or comparable digital output.
2.2 The reports are intended for general information and comparison of property locations.
2.3 Relocheck services do not constitute individual advice. In particular, no legal, tax, financial, investment, engineering, expert, or other professional advice is owed.
2.4 Relocheck does not owe any specific economic outcome. In particular, no specific outcome regarding price, yield, market, or value development is promised.
2.5 Relocheck is entitled to involve third parties in service delivery, such as hosting, payment, map, geocoding, or data providers.

3. Data basis, methodology, model character

3.1 The reports are based on automated analysis, standardized models, algorithmic assumptions, and structured simplifications.
3.2 The reports do not fully reflect real on-site conditions, but provide a data-based approximation and comparison aid.
3.3 The analyses are based wholly or partly on public and/or third-party data sources.
3.4 Despite reasonable care and ongoing quality measures, model errors, software errors, geocoding or assignment errors, data gaps, deviations, and data latency cannot be excluded.
3.5 Time delays between real developments on site and the data state considered in a report are possible.
3.6 Unless expressly agreed otherwise, Relocheck does not owe an individual case-by-case assessment of a specific location before providing the report.

4. No substitute for individual case review

4.1 The report does not replace official information, official measurements, on-site inspections, or individual advice by qualified professionals.
4.2 Customers make material decisions, especially on purchase, lease, financing, or investment, under their own responsibility and not solely on the basis of a report.
4.3 Where required, customers must additionally verify decision-relevant points through primary sources, professional advice, and/or their own inspection.

5. Registration, customer account, access credentials

5.1 Certain functions may require creation of a customer account.
5.2 Customers must keep access credentials confidential and protect them against third-party access.
5.3 Customers are liable for use of their account in accordance with statutory law and within their sphere of responsibility.
5.4 Where there are concrete indications of misuse, security risks, or material breaches of contract, Relocheck is entitled to temporarily block accounts or access.

6. Contract formation

6.1 The presentation of services on the website does not constitute a binding offer by Relocheck, but an invitation to customers to submit an offer.
6.2 By completing the order process, customers submit a binding offer to conclude a contract.
6.3 Before submitting an order, customers can review their entries and correct any input errors using the means provided in the order process.
6.4 Relocheck confirms receipt of the order electronically. Such confirmation of receipt alone does not yet constitute acceptance of the contract.
6.5 The contract is formed only through a separate acceptance declaration by Relocheck or by provision of the ordered report in the customer account, via download link, or in another agreed form.
6.6 The contractual information incorporated in the order process and these GTC are made available to customers in connection with contract formation.

7. Prices, taxes, payment

7.1 The prices displayed on the website at the time of order apply.
7.2 All prices for consumers include statutory VAT where applicable, unless stated otherwise. For businesses, presentation follows the applicable tax law requirements.
7.3 The payment methods offered in the respective checkout process are displayed before order completion.
7.4 Relocheck is entitled to withhold provision of the service until successful completion of payment unless otherwise agreed.
7.5 In case of payment default, statutory default consequences apply.

8. Provision of digital content, technical requirements, availability

8.1 The service is provided digitally, in particular by download, in the customer account, or via a separate access link.
8.2 Unless expressly agreed otherwise, provision takes place within a reasonable time after successful contract formation and successful payment.
8.3 Customers are responsible for their own technical requirements, in particular internet access, device, browser, PDF viewer, and other software.
8.4 Relocheck strives for high availability of the website and provided services. Continuous and uninterrupted availability is not owed.
8.5 Temporary limitations or interruptions may result in particular from maintenance, security measures, technical faults, or third-party outages.
8.6 Statutory rights of consumers remain unaffected.

9. Rights of use

9.1 All reports, layouts, texts, tables, maps, graphical representations, data compilations, and other Relocheck content are protected by copyright, database rights, and/or other legal protections.
9.2 Upon full payment, the customer receives a simple, non-exclusive, non-transferable, and non-sublicensable right to use the purchased report for the contractually intended purpose.
9.3 Consumers may use the report exclusively for their own private purposes. Businesses may use the report exclusively for their own internal business purposes unless expressly agreed otherwise.
9.4 Without express written consent from Relocheck, the following are in particular prohibited:
a) making content publicly available,
b) resale as an own product,
c) systematic reproduction or mass distribution,
d) building own report or data collections,
e) removal of protective notices,
f) use for development or training of competing products or data models.
9.5 Mandatory statutory usage rights remain unaffected.

10. Prohibited use

10.1 The following are prohibited in particular:
a) scraping,
b) reverse engineering unless mandatorily permitted by law,
c) automated mass queries without prior approval,
d) circumvention of technical protection measures,
e) any unlawful or abusive use of the website or content.
10.2 In case of material breaches, Relocheck is entitled to temporarily block access and take further reasonable enforcement measures.

11. Customer cooperation duties

11.1 Customers must provide all information required for service provision completely and correctly, in particular address, location, and billing data.
11.2 Incorrect, incomplete, or unclear input can lead to incorrect or unusable results.
11.3 Where the cause of faulty or unusable output lies in incorrect or incomplete customer input, claims against Relocheck exist only in accordance with statutory law.

12. Withdrawal for digital content for consumers

12.1 Consumers generally have a statutory right of withdrawal for distance contracts.
12.2 For digital content not supplied on a physical medium, the consumer loses the right of withdrawal early only if
a) the consumer expressly agrees that Relocheck begins performance before expiry of the withdrawal period,
b) the consumer confirms having acknowledged that this consent causes loss of the right of withdrawal, and
c) Relocheck provides the consumer with a contract confirmation on a durable medium.
12.3 Otherwise, statutory withdrawal provisions for distance contracts apply.

13. Warranty

13.1 For consumers, statutory warranty rights for digital services apply without limitation.
13.2 For businesses, statutory duties of inspection and notice of defects apply.
13.3 A legal guarantee is assumed by Relocheck only if expressly designated as such in writing.
13.4 The mere fact that an analysis is generated automatically or based on models and third-party sources does not by itself constitute a guarantee of specific characteristics.

14. Liability

14.1 Relocheck is liable to consumers in accordance with statutory law.
14.2 Towards businesses, Relocheck is liable for damages only in cases of intent or gross negligence. This does not apply to damages from injury to life, body, or health, nor to claims where liability is mandatory by law.
14.3 Towards businesses, liability for lost profits, indirect damages, consequential damages, and pure financial losses is excluded unless caused intentionally or with gross negligence.
14.4 Where Relocheck is liable in principle towards businesses, liability is limited in amount to the fee actually paid for the specifically affected contract. This does not apply in cases of intent, gross negligence, or injury to life, body, or health.
14.5 Where disruptions or outages are due to circumstances outside Relocheck control, in particular outages of telecommunications networks, hosting or payment providers, official orders, cyber attacks despite appropriate safeguards, or force majeure, Relocheck is liable to businesses only under the foregoing provisions.

15. Specific notices on content

15.1 Relocheck reports are not official findings and not binding measurements.
15.2 Unless expressly agreed otherwise, Relocheck does not owe suitability of the report for a specific individual customer purpose.
15.3 Information in reports on surroundings, noise, accessibility, sunlight, sociodemographics, green space, land sealing, or comparable topics is based on the data states and analysis methods used at the time of creation.

16. Indemnification for businesses

16.1 Businesses must indemnify Relocheck from third-party claims resulting from unlawful or contract-breaching use of the website, services, or provided content by the business.
16.2 The indemnification also includes reasonable legal defense costs.

17. Data protection

17.1 Relocheck Privacy Policy in its current version applies to the processing of personal data.
17.2 Information on the type, scope, and purpose of data processing, storage periods, cookies and consent management, and data subject rights is set out in the Privacy Policy.

18. Term, blocking, termination

18.1 For one-time purchased reports, the contractual relationship generally ends when the report is provided, without prejudice to provisions that by nature continue to apply.
18.2 Relocheck may block or terminate access or accounts for good cause, in particular in cases of misuse, security risks, or material contractual breaches.

19. Changes to the GTC

19.1 Relocheck is entitled to amend these GTC for future contracts.
19.2 For already concluded one-time purchases, the version of the GTC validly incorporated at the time of contract formation applies.
19.3 If ongoing contractual relationships are offered in future, amendments shall only be made in compliance with the applicable statutory requirements.

20. Force majeure

20.1 Events of force majeure or other unavoidable events outside Relocheck control that materially impede or temporarily prevent performance extend any performance deadlines for the duration of the disruption and to a reasonable extent.
20.2 Statutory rights of consumers remain unaffected.

21. Set-off, retention

21.1 Consumers may set off only claims that are finally adjudicated or acknowledged by Relocheck unless mandatory law grants broader rights.
21.2 Businesses may set off only claims that are finally adjudicated or expressly acknowledged by Relocheck. Businesses may exercise a right of retention only insofar as it is based on the same contractual relationship.

22. Applicable law, jurisdiction, dispute resolution

22.1 Austrian law applies excluding the UN Convention on Contracts for the International Sale of Goods.
22.2 With respect to consumers, this choice of law applies only insofar as it does not deprive the consumer of protections granted by mandatory provisions of the law of the country of habitual residence.
22.3 For businesses, to the extent legally permissible, the court with subject-matter jurisdiction at the Relocheck seat has exclusive jurisdiction.
22.4 Statutory venues apply for consumers.
22.5 Relocheck is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration body unless there is a legal obligation.

23. Partial invalidity

23.1 Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected.

24. Contact

24.1 Questions regarding these GTC may be sent to the following contact point: [email protected], Relocheck GmbH, Breitegasse 18, 1070 Vienna, Austria.