Terms of Service

⚠ DRAFT — legal review required before publication. Replace every placeholder in [square brackets]. Austrian law: ABGB, UGB, KSchG, FAGG, ECG, UrhG, GewO.

English is the published version. A German version is to follow.

Until it is published, this English text is the operative one. When the German version is published it becomes the operative text for consumers resident in Austria, because § 6 KSchG and the FAGG information duties are assessed against the language the consumer contracted in. Section 12.4 reflects that.

Three questions for the lawyer are marked ⚠ LAWYER in the text. They are not drafting preferences; each one changes what the clause may say.

Version: 1.0 · In force from: 16 October 2026 · Last updated: 16 October 2026

Summary

This is not the contract. It is here so you know what you are agreeing to before you read the clauses.

Immovesto is an information and calculation platform. We do not broker property, we do not broker financing, and we take no commission from any transaction.
Our figures are estimates based on published statutory rates and public data. They are not financial, tax or legal advice, and they are not a valuation, a loan offer or a legal determination.
The platform is currently free to use. Paid plans may be introduced; if they are, you will be told before anything is charged, and nothing starts charging automatically.
Estate agencies who publish listings are responsible for what they publish, must hold a valid trade licence, and warrant that they are entitled to advertise the property.
As a consumer you have a 14-day right of withdrawal from any paid contract, with one exception that only applies if you ask us to start immediately and acknowledge the consequence.
Austrian law applies, and nothing in this document removes a right you have as a consumer that cannot be removed by agreement.

1. Who we are and what these terms cover

1.1 Provider

These Terms of Service ("Terms") govern your use of the website immovesto.com and every service offered through it (together, the "Platform"), operated by:

[Company name], [legal form] [Street and number], [postal code] Vienna, Austria Commercial register: [FN ], [Commercial Court Vienna] VAT ID: [ATU__] Email: Kontakt@immovesto.com

Full provider information is in our Imprint.

1.2 Acceptance

By using the Platform you accept these Terms. If you do not accept them, do not use the Platform. Where you register an account, acceptance is recorded at registration.

1.3 Who these terms are for

The Platform is directed at users in Austria and addresses the Austrian property market.

These Terms distinguish between:

Consumers (Verbraucher) within the meaning of § 1(1)(2) KSchG;
Entrepreneurs (Unternehmer) within the meaning of § 1(1)(1) KSchG, including every estate agency account.

Where a clause applies only to one of them, it says so. Provisions restricting liability or shortening time limits do not apply to consumers where § 6 KSchG forbids them, and the remainder of the clause stands.

1.4 Age

The Platform is not directed at persons under 18. If you are under 18, do not register an account. See section 12 of our Privacy Policy.

2. What the Platform is — and what it is not

2.1 What we do

Immovesto provides:

Calculators for acquisition costs (Kaufnebenkosten), affordability and rental return, computed from published statutory rates and public reference data;
An acquisition roadmap describing the steps of an Austrian property purchase;
Property listings published by registered estate agencies;
Saved reports recording a calculation together with the inputs and the parameter versions used;
Messaging between a registered user and the agency that published a listing;
Editorial content about Austrian property law, costs and taxation.

2.2 What we do not do

This list is not a disclaimer bolted on at the end. It describes the service you are buying, or not buying.

We are not an estate agency. We do not broker property, we conclude no contracts for you and about you, and we receive no commission from any purchase, sale or tenancy arranged through or after contact made on the Platform. We are not an Immobilienmakler under § 94 Z 35 GewO and hold ourselves out as none.

We are not a financial adviser, a credit broker or an insurance broker. We do not advise on, arrange or recommend any loan, mortgage, investment or insurance product, and we are not an Vermögensberater or Kreditvermittler.

We are not a tax adviser or a lawyer. Nothing on the Platform is tax advice under the WTBG or legal advice under the RAO.

We do not value property. No figure on the Platform is a valuation (Schätzgutachten) and none may be presented as one to a bank, a court or an authority.

⚠ LAWYER. Please confirm whether the Platform's activity requires a trade licence, and whether a written delimitation from the estate agency trade (§ 94 Z 35 GewO), from asset advisory and from credit brokerage should be documented beyond this clause.

2.3 What our figures are

Every number the Platform produces is an estimate, generated by applying published rates and public data to inputs that you or an agency supplied.

Specifically, and without limiting the above:

Statutory rates (Grunderwerbsteuer, Grundbuch registration fees, Pfandrechtseintragungsgebühr and the like) are applied as published on the date of the calculation. Rates change; a saved report records the version used, and a figure calculated earlier may no longer be current.
Reference values such as the Richtwert are statutory starting values. The permissible rent for a specific apartment depends on statutory additions and deductions, on the tenancy structure and on facts about the building that no database holds.
Market comparisons are drawn from published statistics. Published statistics describe a population, not your property.
Affordability figures are not a loan approval. Banks apply their own criteria, and ours are not theirs.

You must not rely on a figure from the Platform as the sole basis for a purchase, sale, tenancy, financing or tax decision. Before you commit, obtain advice from a qualified professional — a lawyer, a notary, a Steuerberater, or your bank.

2.4 Public data and third-party content

The Platform reproduces or derives figures from public sources, which are named where they are used. We take care in selecting and processing them, but we do not warrant that a third-party source is accurate, complete or current, and we do not adopt third-party content as our own statement.

3. Accounts

3.1 Registering

Parts of the Platform are usable without an account. For saved reports, bookmarks, messaging and agency functions you need one.

You must give accurate information, keep it current, and confirm your email address. One natural or legal person may hold one account unless we agree otherwise in writing.

3.2 Your credentials

You are responsible for keeping your password confidential and for everything done through your account. Tell us without delay if you believe somebody else has obtained access. We may suspend an account where we have reasonable grounds to believe it is compromised.

Where multi-factor authentication is offered, we recommend it. Where it is required for a function, that function is unavailable without it.

3.3 Closing your account

You may delete your account at any time from your account settings, without giving a reason and without notice. What happens to your data on deletion is described in section 7 of the Privacy Policy.

Deleting your account does not by itself terminate a paid subscription; see section 6.6.

4. Rules of use

4.1 What you may do

Use the Platform for your own property decisions, or — if you are an agency — to publish listings you are entitled to advertise.

4.2 What you may not do

You may not:

Scrape, crawl or systematically extract content, listings or figures, whether by automated means or by hand, beyond normal individual use;
Reproduce or redistribute our calculations, reports, editorial content or listing data outside the Platform, except as section 5.3 permits;
Use the Platform to build or train a competing product, dataset or machine-learning model;
Circumvent, disable or interfere with access controls, usage allowances, rate limits or security measures;
Publish or transmit content that is unlawful, misleading, discriminatory, defamatory, or infringes a third party's rights;
Publish a listing for a property you are not entitled to advertise, or that does not exist, or whose particulars you know to be wrong;
Use messaging to send unsolicited advertising or to harvest contact details;
Impersonate another person, or misrepresent an entitlement, a licence or a professional status;
Place disproportionate load on our infrastructure, or attempt to gain access to systems or data you are not authorised to access.

4.3 If you break these rules

Where you materially breach these Terms we may, with notice proportionate to the circumstances and with immediate effect where the breach is serious: remove content, restrict a function, suspend the account, or terminate it.

Where the account is a consumer account and the breach is capable of being cured, we will say what the breach is and give you a reasonable opportunity to cure it before terminating, unless doing so would be unreasonable in the circumstances.

You may appeal any such measure by writing to Kontakt@immovesto.com; we will review it and answer in text form.

5. Content and intellectual property

5.1 Ours

The Platform, its software, its design, its editorial content and the structure and presentation of its calculations are protected by copyright and other rights, and belong to us or our licensors. These Terms grant you a non-exclusive, non-transferable, revocable right to use the Platform for its intended purpose. No other right is granted.

5.2 Yours

You retain every right in content you upload — listing particulars, photographs, text, your profile picture.

By uploading, you grant us a non-exclusive, royalty-free, worldwide licence to store, reproduce, adapt technically (for example to resize, re-encode or strip metadata from an image), display and make the content available on the Platform, for as long as necessary to provide the service and to meet our retention obligations. The licence is limited to operating, securing and promoting the Platform, and it ends when the content is deleted, save for copies in backups until they expire.

You warrant that you hold the necessary rights in what you upload, including the rights of any photographer and the consent of any identifiable person.

5.3 Your own reports

A report you generate is for your own use, and for giving to your adviser, bank, lawyer or notary in connection with your transaction. That use is permitted and expected. Publishing reports at scale, or redistributing them as a product or a dataset, is not.

5.4 Notice of infringing content

If you believe content on the Platform infringes your rights, write to Kontakt@immovesto.com with the URL, a description of the right and your contact details. We examine every notice and act under §§ 13–17 ECG.

6. Paid services

6.1 Current status

At the date of this version, the Platform is free of charge. No payment details are collected and nothing is billed.

This section governs paid plans when they are introduced. No existing user is switched to a paid plan automatically. If a function you currently use free of charge becomes chargeable, we will tell you in advance under section 10.2, and you will have to agree before anything is charged.

6.2 Prices

Prices are stated inclusive of Austrian VAT for consumers and exclusive of VAT for entrepreneurs, and are shown before you order. The price in force is the one displayed at the moment you place the order.

6.3 How a paid contract is concluded

Selecting a plan, entering the required details and confirming the order places a binding offer. The contract is concluded when we confirm the order in text form. We store the contract text and make it available to you.

6.4 Payment

Payment is made through the payment service providers named at checkout. We do not store full card numbers.

6.5 Right of withdrawal (consumers)

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day of the conclusion of the contract.

To exercise it, inform us — [Company name], [address], Kontakt@immovesto.com — by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form, but it is not obligatory. To meet the deadline it is sufficient that you send your communication before the period expires.

Effects. If you withdraw, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we are informed. We will use the same means of payment you used, unless you expressly agree otherwise; you will not incur any fees as a result.

Early performance and the loss of the right. Where you expressly request that we begin providing the service before the withdrawal period expires, and you acknowledge that you will lose the right of withdrawal once the service has been fully performed, the right lapses on full performance (§ 18(1)(1) FAGG). If you withdraw after performance has begun but before it is complete, you owe a proportionate amount for what was provided (§ 16 FAGG).

A model withdrawal form is at [/withdrawal-form].

⚠ LAWYER. The classification of the paid plans decides this clause. If what is sold is access to a service over a period, § 18(1)(1) FAGG applies as drafted. If any element is digital content supplied otherwise than on a tangible medium, the corresponding digital-content exception in § 18(1) FAGG applies instead and the wording of the acknowledgement must change. Please confirm the applicable Ziffer; it is deliberately not asserted here. Please confirm before any paid plan goes live.

6.6 Term and termination

A subscription runs for the period selected and renews for the same period unless terminated before the end of the current period. You may terminate from your account settings at any time with effect from the end of the current period. Termination does not entitle you to a refund of the period already paid for, save where the law provides otherwise or where we are in breach.

We may terminate for good cause (wichtiger Grund), including a material breach of section 4.2.

7. Estate agency accounts

This section applies in addition to the rest of these Terms, and only to agency accounts. An agency is an entrepreneur under § 1(1)(1) KSchG.

7.1 Admission

Agency accounts are created only after we have reviewed the application. We check the trade licence (Gewerbeberechtigung) against the GISA register and verify the company details against public registers. Admission is at our discretion, and we may refuse without giving reasons.

7.2 Your warranties

By publishing a listing you warrant that:

You hold a valid trade licence covering estate agency activity under § 94 Z 35 GewO, and will tell us without delay if it lapses, is restricted or is withdrawn;
You are entitled to advertise the property, with the owner's authority;
The particulars are true, complete and current, including price, area, construction year, operating costs and commission;
You comply with the Energieausweis-Vorlage-Gesetz (EAVG), so that the energy performance indicators are stated in the advertisement where the law requires;
You comply with your statutory disclosure duties toward your clients — in particular the written overview under § 30b KSchG before a consumer client is bound, covering the brokerage activity, the expected costs including commission, and any economic or family connection to the other party that could impair your client's interests; and the disclosure of dual agency under § 5(3) MaklerG where you act for both sides;
You hold the rights in every photograph you upload and have any necessary consent of identifiable persons;
Your listing does not discriminate on grounds protected by the Gleichbehandlungsgesetz.

7.3 Verified company data

The company data established at admission — company name, legal form, Firmenbuchnummer, UID, GISA number — is shown as reviewed and cannot be edited from the account. Some of it appears in your public imprint information. A change requires a written request to Kontakt@immovesto.com and a fresh review.

7.4 Our role

We publish what you give us. We do not verify the particulars of an individual listing, we are not a party to any contract between you and a user, and we take no commission. The commission relationship under the MaklerG is between you and your client.

7.5 Removal

We may remove a listing or suspend an agency account where there are reasonable grounds to believe a warranty in section 7.2 is breached, or where a competent authority or a court requires it. Where we remove a listing we tell you why.

7.6 Indemnity (entrepreneurs only)

You indemnify us against third-party claims arising from a breach of section 7.2, including reasonable costs of legal defence. This clause does not apply to consumers.

8. Availability

We aim for high availability but do not warrant uninterrupted access. Maintenance, faults, and failures of networks or third-party providers can interrupt the service. Planned maintenance that is expected to cause significant interruption will be announced in advance where reasonably practicable.

For paid plans: where the Platform is unavailable for a continuous period materially affecting your use, and the cause lies within our sphere, the statutory warranty remedies apply.

9. Liability

9.1 For consumers

We are liable without limitation for damage to life, body or health, and for damage caused intentionally or by gross negligence.

For slight negligence we are liable only for breach of a material contractual obligation — an obligation whose performance makes proper performance of the contract possible in the first place and on whose observance you may routinely rely — and then limited to the damage typically foreseeable at the conclusion of the contract.

Liability under the Produkthaftungsgesetz remains unaffected.

Nothing in this section limits a right you have as a consumer that cannot be limited by agreement. In particular, § 6(1)(9) KSchG forbids the exclusion or limitation of liability for personal injury and for damage caused intentionally or by gross negligence, and this section is to be read accordingly.

9.2 For entrepreneurs

Liability for slight negligence is excluded. Liability for consequential damage, lost profit, and failure to achieve an expected saving is excluded except where caused intentionally or by gross negligence. Aggregate liability for any contract year is limited to the fees paid by you for that year, and where the service was free of charge, to EUR [1,000].

9.3 Decisions you take on our figures

Section 2.3 states what our figures are. We are not liable for a decision taken in reliance on a figure from the Platform where that figure was produced correctly from the inputs given and the sources named, and where the limits in section 2.3 were stated. This does not affect liability under section 9.1 or 9.2 for the correctness of the calculation itself.

⚠ LAWYER. Please confirm that sections 9.2 and 9.3 are enforceable in the form drafted, particularly the aggregate cap for free use and the scope of 9.3 against an entrepreneur.

10. Changes

10.1 To the Platform

We develop the Platform continuously and may add, change or discontinue functions. Where a change materially reduces the functions available under a paid plan, section 10.2 applies.

10.2 To these Terms

We may amend these Terms where there is a valid reason — a change in the law or in case law, a decision of an authority, a change in our services, or the closing of a gap.

We will notify you in text form at least six weeks before the change takes effect, naming the clauses affected and the reason. You may object in text form before the date the change takes effect; if you do, the contract continues on the existing terms and either of us may terminate at the end of the current period. Your silence will not be treated as acceptance where the change is material, and the notification will state this.

Changes that are necessary solely to comply with a mandatory legal obligation take effect on the date the obligation applies.

11. Applicable law, jurisdiction and dispute resolution

11.1 Applicable law

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the conflict-of-law rules.

For consumers: this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you are habitually resident (Art. 6(2) Rome I).

11.2 Jurisdiction

For entrepreneurs: the courts competent for Vienna, Inner City, have exclusive jurisdiction.

For consumers: the statutory places of jurisdiction apply. A consumer domiciled in Austria may be sued only at the court of their domicile, habitual residence or place of employment (§ 14 KSchG).

11.3 Alternative dispute resolution

There is deliberately no link to the European ODR platform here. Regulation (EU) No 524/2013 was repealed by Regulation (EU) 2024/3228 with effect from 20 July 2025, the platform has been discontinued, and the obligation on traders to link to it no longer exists. Reproducing the link would point consumers at a service that no longer operates.

⚠ For whoever maintains the site: if that link still appears in the footer, the imprint or any older document, it should be removed for the same reason.

Austrian alternative dispute resolution. We are [not] obliged by law and [are / are not] willing to participate in dispute resolution proceedings before a consumer arbitration board under the AStG.

[Internet Ombudsstelle, Margaretenstraße 70/2/10, 1050 Vienna — ombudsstelle.at]

⚠ LAWYER. Please confirm (a) whether any AStG body is competent for this service and whether participation is obligatory or voluntary, and (b) the declaration required in § 19 AStG and § 5(1) ECG now that the ODR reference has fallen away.

12. Final provisions

12.1 Severability

Should a provision of these Terms be or become invalid, the validity of the remainder is unaffected. The invalid provision is replaced by the statutory rule. For consumers, no replacement by a hypothetical intention of the parties takes place — the statutory rule applies.

12.2 Assignment

You may not assign rights under these Terms without our written consent. We may assign our rights and obligations to a legal successor, in which case you may terminate with effect from the date of the assignment.

12.3 Text form

Notices under these Terms are in text form (§ 13 ECG), which includes email to the address registered on your account and to ours in section 1.1.

12.4 Language

These Terms are currently published in English, and English is the operative text.

A German version is in preparation. When it is published, the German version becomes the operative text for consumers resident in Austria, and in case of divergence it prevails for them; the English version remains operative for everyone else. The date from which the German version applies will be stated on it, and it will not be applied retroactively to a contract concluded on the English text.

12.5 Relationship to the Privacy Policy

Our Privacy Policy describes how we process personal data. It is not part of these Terms and does not form contractual obligations; it describes processing under the GDPR.

For the reviewing lawyer — summary of open points

§ 2.2 / trade licence. Whether the activity is subject to a trade licence, and whether the delimitation from § 94 Z 35 GewO, from asset advisory and from credit brokerage should be documented beyond the clause.
§ 6.5 / withdrawal. Which FAGG exception governs the paid plans — § 18(1)(1) for services or § 18(1)(11) for digital content — and the corresponding acknowledgement wording. Must be settled before any paid plan is offered.
§ 9.2 and 9.3 / liability. Enforceability of the cap against entrepreneurs, and of the carve-out for decisions taken on our figures.
§ 11.3 / ADR. The ODR Regulation (EU) No 524/2013 was repealed by Regulation (EU) 2024/3228 with effect from 20 July 2025 and the platform is gone, so this document deliberately carries no ODR link. Please confirm whether any AStG body is competent, whether participation is obligatory, and the declaration now required under § 19 AStG and § 5(1) ECG. Must be settled before publication, and any surviving ODR link elsewhere on the site should be removed.
Placeholders still open. Company name, legal form, registered address, Firmenbuchnummer, UID and the managing director's name — and a telephone number, which § 5(1) Z 3 ECG requires alongside the email address. Version, date and the contact email are set.
§ 7.2 / agency duties. The disclosure duties are cited as § 30b KSchG and § 5(3) MaklerG. An earlier draft of this clause cited "§§ 10–11 MaklerG", which does not state them; please confirm the citations as they now stand and whether § 3(4) MaklerG should be referenced for the consequences of breach.
Statutory citations generally. Every paragraph reference in this document should be checked against the version in force at publication. Those verified against RIS while drafting are § 30b KSchG, § 5(3) MaklerG, and the repeal of the ODR Regulation by Regulation (EU) 2024/3228. The others are drafting references and have not been opened.
German version. To be produced and reviewed; it is the operative text.