Terms of Use

For the Application Programming Interface of Immobilien Scout GmbH
Immobilien Scout GmbH, Andreasstraße 10, 10243 Berlin.
Hereinafter referred to as ImmobilienScout24 or Licensor

The user of the Application Programming Interface shall hereinafter be referred to as User or Licensee.
Status: 01.01.2019
These Terms of Use stipulate the permitted options of using data through a certain Application Programming Interface (hereinafter referred to as “API”) by the Licensee of ImmobilienScout24. To the extent the Licensee is not certain in concrete use cases, it shall be obliged to obtain a permit from the Licensor. A List of Definitions (Annex) is enclosed to these Terms of Use.

1. Scope of Application

  1. Under these Terms of Use, ImmobilienScout24 provides to the Licensee a simple licence for the use of data from the ImmobilienScout24 Database via an Application Programming Interface, the API, specified by ImmobilienScout24. These Terms of Use shall also apply to all further API webservices of ImmobilienScout24.
  2. By using the API of ImmobilienScout24, the Licensee consents to these Terms of Use.
  3. The Terms of Use shall also apply if it is not expressly pointed out that such Terms apply to the use of further sites and services of ImmobilienScout24 as well as to further and new potential uses in the API after the first use and/or registration.

2. Licence Terms

  1. The use of the API shall be subject to the conclusion of a use contract. Such contract shall be established by the Licensee registering as user (offer) and ImmobilienScout24 granting access to the registered area (acceptance of the offer). ImmobilienScout24 shall be free to decide whether or not it will accept the offer.
  2. The Licensee is only granted the rights of use explicitly stated in these Terms of Use. Any industrial property rights and copyrights to the ImmobilienScout24 Data and to the ImmobilienScout24 Brands shall not be transferred.
  3. The Licensee shall treat the access data in a confidential manner. It shall be prohibited from disclosing such access data to third parties or from providing such third parties with access to such access data.
  4. Regarding data which the Licensee may provide to end customers via the software of the Licensee pursuant to the provisions of these Terms of Use, the Licensee is obliged to clearly identify them as data of ImmobilienScout24. For this purpose, it shall identify ImmobilienScout24 as the data source.

3. Registration and Access

  1. For API registration, the Licensee shall follow the procedures set forth in the registration section. Upon API registration, the Licensee subscribes to the API newsletter which contains technical information on the use of the API. The Licensee consents to accepts the newsletter as unilateral means of communication of ImmobilienScout24. By means thereof, ImmobilienScout24 will provide the Licensee, in particular, with information on changes with regard to the API.
  2. After the registration, the Licensee can request an API Key. The API Key is project-specific and may only be used for the use purpose set forth in the request (see Annex Point 9). For any additional use purpose, a separate Key needs to be requested. Several API Keys may be requested in the course of one API registration.
  3. ImmobilienScout24 reserves the right to exclude Licensees from the use of the API at any time. A registration of a Licensee for the API or the request of an API Key does not automatically grant a right of use.

4. Termination

  1. The use contract can be terminated by each Contractual Party at any time without stating reasons. Such termination can be declared in text form (by e-mail).
  2. ImmobilienScout24 reserves the right to withdraw the right of use from Licensees that are already registered without further ado.
  3. The Licensee may request deletion of their API Key and API registration by sending an e-mail to service@immobilienscout24.de.

5. Misuse

  1. The Licensee shall not be permitted to use the API in an improper manner. Furthermore, it shall not be permitted to impair or affect the proper functioning of the API in any manner whatsoever or to attempt to impair or affect it.
  2. The Licensee shall not be permitted to establish access to the API through a method other than via the Licensee’s software or to provide third parties with access thereto through any other method. Furthermore, the Licensee shall not be permitted to use methods such as robots, spiders, screening or other technologies to access the ImmobilienScout24 Website or the ImmobilienScout24 Database in order to obtain information.

6. Use of the Data

  1. ImmobilienScout24 grants to the Licensee a non-exclusive, non-transferrable, non-(sub-) licensable right revocable at any time to store and to reproduce the respective ImmobilienScout24 Data requested for the end customer. This shall be subject to the conditions and restrictions set forth in these Terms of Use. The use enables the Licensees, upon request by an end customer, to access parts of the ImmobilienScout24 Database by means of its software and to present the parts retrieved on the Licensees software. Any use for other purposes, in particular for the creation of the Licensee’s own databases or evaluations, shall be impermissible.
  2. The right to store the ImmobilienScout24 Data with the Licensee shall be limited in time to one day (24 hours). After the expiry of one day, the data shall be erased without any delay. Any further use of the ImmobilienScout24 Data by third parties (e.g. for the preparation of offer structures or price analyses) shall be forbidden.
  3. The Licensee must not provide the end customers with the possibility to direct requests to the ImmobilienScout24 Database themselves and directly via the API as described above in para. 1.
  4. Under no circumstances and at no time may the Licensee present or instruct any other party to present specific information about the ImmobilienScout24 users and any other personal data to any person other than the owner, originator or lawful holder of such data.
  5. The ImmobilienScout24 Data and/or retrieved parts thereof must not be placed on websites with contents glorifying violence, political, pornographic or immoral contents, contents liable to corrupt the young, criminal or other unlawful contents.
  6. Any software within which parts of the ImmobilienScout24 Database are placed must comply with the relevant legal provisions. In particular, the software shall contain the information (imprint) required under the provisions of the Telemediengesetz (TMG)[Telemedia Act] and/or under the provisions of the E-Commerce Directive 2000/31/EC to the extent such software is a website.
  7. The ImmobilienScout24 Data retrieved via the API need to be marked as originating from ImmobilienScout24 through the use of the ImmobilienScout24 Brand pursuant to Article 7 of these Terms of Use.
  8. ImmobilienScout24 reserves the right to restrict the number of API requests, data as well as the access to parts of the API and/or to the entire API at any time and without notice by means of authorisations or to provide the above only by linking.
  9. The geocoding webservice of the API may only be used in connection with the use of further ImmobilienScout24 API websites.

7. Use of the ImmobilienScout24 Brand

  1. ImmobilienScout24 shall grant to the Licensee, solely pursuant to these Terms, a non-exclusive, non-transferrable, non-(sub-) licensable right revocable at any time to use the ImmobilienScout24 logo with the addition “In cooperation with” in connection with the presentation of the ImmobilienScout24 Data by the Licensee (“ImmobilienScout24 Brand”). The ImmobilienScout24 Brand may only be used in connection with the contractual use of the ImmobilienScout24 Data and only by the Licensee. Any further use of the ImmobilienScout24 Brand for marketing purposes shall only be permissible subject to the prior written approval of ImmobilienScout24 (e-mail shall suffice).
  2. The Licensee shall be obliged to mark the parts of its software or sections of the website in which ImmobilienScout24 Data are published with the addition “In cooperation with” and the ImmobilienScout24 logo. Such marking shall contain a link to the ImmobilienScout24 Website (homepage at www.immobilienscout24.de). In the course of using the ImmobilienScout24 Brand, the Licensee shall not be allowed to us the ImmobilienScout24 Brand in any form or size other than stipulated by ImmobilienScout24.
  3. If ImmobilienScout24 changes its brand and requests the Licensee to change its use of the brand accordingly, the Licensee shall perform the changes requested without any delay. The Licensee shall not combine the ImmobilienScout24 Brand with other brands or marks in a manner in which a direct spatial or intellectual connection to such other brands or marks is created and/or brand and mark rights of third parties are infringed.
  4. ImmobilienScout24 shall provide the Licensee with the graphical templates for the abovementioned ImmobilienScout24 Brands. Only the graphical templates provided by ImmobilienScout24 may be used for the reproduction of the ImmobilienScout24 Brands. The ImmobilienScout24 Brands must not be changed in any manner whatsoever, neither regarding their proportions, colours, components or the type, nor in any other respect. The perspective or dimensional manifestations must not be changed by means of animations or morphing or distorted in any other manner.
  5. The Licensee must not use names or brands which are similar to those of ImmobilienScout24. Furthermore, ImmobilienScout24 Brands must not be used near the Licensee’s own brands or third-party brands such that this creates the impression of a combined or composite brand. The logo of ImmobilienScout24 must not be used in connection with contents which are no ImmobilienScout24 contents.

8. Obligations of the Licensee, Indemnity

  1. The Licensee shall be obliged to include the error codes and error messages issued via the API.
  2. The Licensee must not use the information it obtains on ImmobilienScout24 users, in particular personal data such as address and e-mail address, to send unsolicited messages to such users (e.g. by SMS, telephone, e-mail or post). The Licensee may neither store nor keep such information permanently available in any other manner without the express consent of the ImmobilienScout24 user.
  3. The Licensee must not use or present the ImmobilienScout24 Data in a manner which enables third parties to obtain the following information: statistics about the ImmobilienScout24 Website; information about the ImmobilienScout24 users (to the extent such information is not publicly available on the ImmobilienScout24 Website) as well as information about certain categories of ImmobilienScout24 users.
  4. The Licensee may only be allowed to implement contacting of real estate supplier via the “contact request” API webservice or linking to the exposé of ImmobilienScout24.
  5. The Licensee guarantees to comply with all relevant legal provisions in the course of the performance of this use contract, in particular with data protection provisions.
  6. The Licensee shall not be allowed to upload personal data to the systems of ImmobilienScout24 via the API. The Licensee undertakes to observe the process instructions/guidelines of ImmobilienScout24 on the creation of test datasets. The Licensee shall release ImmobilienScout24 from all third-party claims which might arise for ImmobilienScout24 from the processing of personal data uploaded by the Licensee, including any fines pursuant to the General Data Protection Regulation. Please also view our guidelines for creating test data.
  7. The use of the ImmobilienScout24 Data as traffic/content partner shall be conditional upon the Licensee undertaking to include the data of ImmobilienScout24 in the website and/or mobile app in a publicly and freely available manner. It shall not be permitted to provide the data to the users after a login or in the course of applications subject to charges.
  8. The Licensee undertakes to present the ImmobilienScout24 Data on the website and/or within the application in an exclusive manner. Data and other forms of marketing of competitors of ImmobilienScout24 must not be published on the website and/or within the application.

9. Contractual Penalty

  1. For each culpable breach of the obligations and/or bans set forth in No. 6.1 to 6.5 and/or No. 7.1 to 7.5, the Licensee undertakes to pay a reasonable contractual penalty to ImmobilienScout24, the amount of which is determined by ImmobilienScout24 at its free discretion (limited to EUR 50,000.00) and which can be reviewed by the competent court in the event of a dispute.
  2. The assertion of claims for damages and injunctive relief shall remain reserved.

10. Rights of Use, Changes

  1. The Licensee undertakes to use the ImmobilienScout24 Data obtained via the API only for the application case described in the registration (“intended purpose”). Should it change, the Licensee shall inform ImmobilienScout24 immediately about the envisaged change.
  2. All rights to use the API, the ImmobilienScout24 Data and the ImmobilienScout24 Brands granted shall exclusively refer to the current status and scope of the data, ImmobilienScout24 Data and the ImmobilienScout24 Brands provided by ImmobilienScout24.
  3. To the extent ImmobilienScout24 changes, updates, extends or limits the access to the API, the ImmobilienScout24 Data, the functioning of the API and the ImmobilienScout24 Brands (“changes”), ImmobilienScout24 shall inform the Licensee by means of the API newsletter and take efforts to observe a reasonable advance notice period. The Licensee shall be responsible for the performance of any required adjustments to its project at its own expense arising from such changes. If the changes are not acceptable to the Licensee and if it is not able or willing to implement them, the Licensee shall be obliged to cease using the API without any delay. Such changes shall not entitle the Licensee to any claims against ImmobilienScout24.

11. Liability

  1. ImmobilienScout24 and its vicarious agents shall only be liable for intentional acts and gross negligence, except for personal injuries or any damage under the Produkthaftungsgesetz [Product Liability Act].
  2. Any liability for indirect losses, in particular loss of profits, shall be excluded.
  3. ImmobilienScout24 shall be liable for data losses caused by ImmobilienScout24 or its vicarious agents only to the extent such data loss could not have been prevented by regular (daily) data backups.

12. Warranty

  1. ImmobilienScout24 does not guarantee and does not warrant that the API will be permanently available, accessible, uninterrupted, punctual, safe, accurate, complete and error-free or that it will work without data losses.
  2. ImmobilienScout24 shall provide technical e-mail support for the API and shall take efforts to react to support requests within 48 hours but cannot guarantee any binding response times. Furthermore, ImmobilienScout24 shall provide on its homepage a detailed documentation, software development kits (SDKs) and tutorials.

13. Changes to the Terms of Use

  1. ImmobilienScout24 shall be entitled to change, amend or to delete these Terms of Use at any time. The changes will be communicated to the API Licensee through the API newsletter.
  2. Continued use of the API after a change represents the Licensee’s consent to such change if the Licensee does not object thereto at least in text form (i.e. by e-mail to service@immobilienscout24.de) within two weeks after the communication of such change.
  3. If the Licensee objects to the changes to the Terms of Use, ImmobilienScout24 shall be entitled to terminate the use relationship with immediate effect.

14. Final Provisions

  1. No ancillary agreements have been entered into. Changes and amendments to these provisions shall be in text form in order to be valid. Electronic form (e-mail) shall be sufficient. This shall also apply to any change to the text-form requirement.
  2. The applicability of any General Terms and Conditions of Business of the Licensee shall be explicitly excluded.
  3. German law shall apply exclusively, under exclusion of the UN Sales Law (CISG). Berlin shall be the place of jurisdiction for all disputes.

Annex definitions

  1. “API”: the Application Programming Interface of ImmobilienScout24 in the form in which it is provided to the Licensees of ImmobilienScout24 in order to enable Licensees to access the ImmobilienScout24 Data.
  2. “Licensee”: any natural person or legal entity using the ImmobilienScout24 API and/or any person responsible for the project defined in the intended purpose (software, website, app, etc.).
  3. “ImmobilienScout24 Data”: information of objects posted to ImmobilienScout24 as well as data provided by ImmobilienScout24 (the latter’s own content) stored in the ImmobilienScout24 Databases and/or retrieved therefrom.
  4. “ImmobilienScout24 Website”: www.immobilienscout24.de and all other websites operated by ImmobilienScout24, including all subpages.
  5. “API Registration”: The Licensee registers with ImmobilienScout24 in order to use the API. This is a requirement for using the API of ImmobilienScout24 by means of a confidential security key (oAuth-Key and oAuth-Secret) by the Licensee.
  6. “API Key”: oAuth-Key and oAuth-Secret allocated after the API registration. They are a technical requirement for being able to perform API requests.
  7. “Intended Purpose”: the description text on the use of the software, the app, the website, etc. to be provided upon registration for API use.
  8. “End Customer”: end user of the application.
  9. “Use Contract”: present Terms of Use, including all Annexes thereto and all other documents, agreements and policies which become part of this Contract by reference thereto.