for the Application Programming Interface of Immobilien Scout GmbH
Immobilien Scout GmbH, Invalidenstrasse 65, 10557 Berlin
(hereinafter referred to as ImmoScout24).
The user of the ImmoScout24 Application Programming Interface shall hereinafter be referred to as Licensee.
(hereinafter referred to as ImmoScout24).
The user of the ImmoScout24 Application Programming Interface shall hereinafter be referred to as Licensee.
1. Scope of Application
2. Licence Terms
- 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 ImmoScout24 granting access to the registered area (acceptance of the offer). ImmoScout24 shall be free to decide whether or not it will accept the offer and may decline at any time a registration without the obligation to provide reasons.
- 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.
- Regarding data which the Licensee may provide to End Customers via the software of the Licensee pursuant to the provisions of the Use Contract, the Licensee is obliged to clearly identify them as data of ImmoScout24. For this purpose, it shall identify ImmoScout24 as the data source.
- The Licensee is obliged to pay a fee for certain API usages as defined by ImmoScout24 (hereinafter referred to as “Pay Use”). For any Pay Use the Licensee has to secure a respective booking with ImmoScout24; the conditions for the Pay Use will be provided in course of the booking.
- In case of a Pay Use the amount of the fee is subject to the price list as provided with the booking. ImmoScout24 may adjust the price list once per calendar year with effect to the Licensees. ImmoScout24 will inform the Pay Use Licensees about the adjustment via the API newsletter in due course before the price adjustment becomes effective. If the prices exceed an increase of 10% the Licensees are allowed to reject the adjustment in writing.
- The prices are subject to Value Added Tax (VAT). The fee is due with invoice receipt.
4. Registration and Access
- 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 especially technical information on the use of the API. The Licensee consents to accepts the newsletter as unilateral means of communication of ImmoScout24 regarding the API and the Use Contract. By means thereof, ImmoScout24 will provide the Licensee, in particular, with information on changes with regard to the API.
- 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 7). 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.
- The Use Contract may – if not Pay Use – be terminated by each contractual party at any time without stating reasons. Such termination can be declared in text form (by e-mail). In that case, ImmoScout24 reserves the right to withdraw the license from registered Licensees without further ado.
- For Pay Use termination is allowed for both contractual parties with a period of two weeks to the end of a calendar month if not agreed otherwise, especially in the booking. The right for extraordinary termination for cause remains applicable.
- By termination of the Use Contract – regardless of the reason – the Licensee’s access to the API is blocked. Any granted licenses shall automatically end. The Licensee is obliged to cut the technical connection to the API immediately, making transmission or calls of ImmoScout24 Data impossible. All ImmoScout24 Data and user data has to be deleted within seven days.
- The Licensee may request deletion of its API Key and API registration by sending an e-mail to email@example.com.
- 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.
- 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 crawling, robots, spiders, screening or other technologies to access the ImmoScout24 Website or the ImmoScout24 database in order to obtain information.
7. Use of the Data
- ImmoScout24 grants to the Licensee a non-exclusive, non-transferrable, non-(sub-) licensable right to store and to reproduce the respective ImmoScout24 Data requested for the End Customer. This shall be subject to the conditions and restrictions set forth in the Use Contract. The use enables the Licensees, upon request by an End Customer, to access parts of the ImmoScout24 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.
- The right to store the ImmoScout24 Data with the Licensee shall be limited in time to one day (24 hours). After the expiry of one day, the data shall be deleted without any delay. Any further use of the ImmoScout24 Data by third parties (e.g. for the preparation of offer structures or price analyses) shall be forbidden.
- The Licensee must not provide the End Customers with the possibility to direct requests to the ImmoScout24 database themselves and directly via the API as described above in para. 1.
- Under no circumstances and at no time may the Licensee present or instruct any other party to present specific information about the ImmoScout24 users and any other personal data to any person other than the owner, originator or lawful holder of such data.
- The ImmoScout24 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.
- Any software or website within which parts of the ImmoScout24 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 as well as any necessary data protection information according to GDPR if such software is a website.
- ImmoScout24 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.
- The geocoding webservice of the API may only be used in connection with the use of further ImmoScout24 API websites.
8. Use of the ImmoScout24 Brand
- ImmoScout24 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 ImmoScout24 Brand with the addition “In cooperation with” in connection with the presentation of the ImmoScout24 Data by the Licensee. The ImmoScout24 Brand may only be used in connection with the contractual use of the ImmoScout24 Data and only by the Licensee. Any further use of the ImmoScout24 Brand for marketing purposes shall only be permissible subject to the prior written approval of ImmoScout24 (e-mail shall suffice).
- The Licensee shall be obliged to mark the parts of its software or sections of the website in which ImmoScout24 Data are published with the addition “In cooperation with” and the ImmoScout24 logo. Such marking shall contain a link to the ImmoScout24 Website (homepage at www.ImmoScout24.de). In the course of using the ImmoScout24 Brand, the Licensee shall not be allowed to us the ImmoScout24 Brand in any form or size other than stipulated by ImmoScout24.
- If ImmoScout24 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.
- ImmoScout24 shall provide the Licensee with the graphical templates for the abovementioned ImmoScout24 Brands. Only the graphical templates provided by ImmoScout24 may be used for the reproduction of the ImmoScout24 Brands. The ImmoScout24 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.
- The Licensee must not use names or brands which are similar to those of ImmoScout24. Furthermore, ImmoScout24 Brands must not be used near or in connection with the Licensee’s own brands or third-party brands such that this creates the impression of a combined or composite brand. The logo of ImmoScout24 must not be used in connection with contents which are no ImmoScout24 contents.
9. Obligations of the Licensee, Indemnity
- The Licensee shall be obliged to process the error codes and error messages issued via the API. If errors are caused by wrong entries of the End Customers the messages must be presented to the End Customers in a comprehensible manner.
- The Licensee must not use the information it obtains on ImmoScout24 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 ImmoScout24 user.
- The Licensee must not use or present the ImmoScout24 Data in a manner which enables third parties to obtain the following information: statistics about the ImmoScout24 Website; information about the ImmoScout24 users (to the extent such information is not publicly available on the ImmoScout24 Website) as well as information about certain categories of ImmoScout24 users.
- 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 ImmoScout24.
- The Licensee guarantees to comply with all relevant legal provisions in the course of the performance of the Use Contract, in particular with data protection provisions.
- The Licensee shall not be allowed to upload personal data to the systems of ImmoScout24 via the API. The Licensee undertakes to observe the process instructions/guidelines of ImmoScout24 on the creation of test datasets (Guidelines for creating test data). The Licensee shall hold harmless ImmoScout24 from all third-party claims which might arise for ImmoScout24 from the processing of personal data uploaded by the Licensee, including any fines pursuant to the General Data Protection Regulation.
- The use of the ImmoScout24 Data as traffic/content partner shall be conditional upon the Licensee undertaking to include the data of ImmoScout24 in the website and/or mobile app in a publicly available manner.
10. Contractual Penalty
- For each culpable breach of the obligations and/or prohibitions set forth in No. 7.1 to 7.5 and/or Article 8, the Licensee undertakes to pay a reasonable contractual penalty to ImmoScout24, the amount of which is determined by ImmoScout24 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.
- The assertion of claims for damages and injunctive relief shall remain reserved. The penalty shall be credited against the damages.
11. Rights of Use, Changes
- The Licensee undertakes to use the ImmoScout24 Data obtained via the API only for the application case described in the registration (“Intended Purpose”). Should it change, the Licensee shall inform ImmoScout24 immediately about the envisaged change. ImmoScout24 is not obliged to accept this change request.
- All rights to use the API, the ImmoScout24 Data and the ImmoScout24 Brand granted shall exclusively refer to the current status and scope of the data, ImmoScout24 Data and the ImmoScout24 Brands provided by ImmoScout24.
- To the extent ImmoScout24 changes, updates, extends or limits the access to the API, the ImmoScout24 Data, the functioning of the API and the ImmoScout24 Brands (“changes”), ImmoScout24 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: ImmoScout24 may terminate the access to the API in this case. Such changes shall not entitle the Licensee to any claims against ImmoScout24.
- ImmoScout24 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]. In case of violation of essential contractual duties by means of minor negligence ImmoScout24’s liability is limited to foreseeable, typical damages. Any other liability for damages is excluded.
- ImmoScout24 shall be liable for data losses caused by ImmoScout24 or its vicarious agents only to the extent such data loss could not have been prevented by regular (daily) data backups.
- ImmoScout24 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.
- ImmoScout24 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, ImmoScout24 shall provide on its homepage a detailed documentation, software development kits (SDKs) and tutorials.
- 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 firstname.lastname@example.org) within two weeks after the communication of such change.
15. Final Provisions
- Changes and amendments to these provisions shall be in text form in order to be valid. Electronic form (e-mail) shall be sufficient.
- The applicability of any general terms and conditions of the Licensee shall be explicitly excluded.
- German law shall apply exclusively, under exclusion of the UN Sales Law (CISG). Berlin shall be the place of jurisdiction for all disputes.
- “API”: the Application Programming Interface of ImmoScout24 in the form in which it is provided to the Licensee in order to enable it to access the ImmoScout24 Data.
- “Licensee”: any natural person or legal entity using the ImmoScout24 API and/or any person responsible for the Project defined in the Intended Purpose (software, website, app, etc.).
- “ImmoScout24 Data”: information of objects posted to ImmoScout24 as well as data provided by ImmoScout24 (the latter’s own content) stored in the ImmoScout24 databases and/or retrieved therefrom.
- “ImmoScout24 Website”: www.immobilienscout24.de and all other websites operated by ImmoScout24, including all subpages.
- “API Registration”: The Licensee registers with ImmoScout24 in order to use the API. This is a requirement for using the API of ImmoScout24 by means of an industry standard authentication program by the Licensee.
- “API Key”: Authentication-Key and Authentication-Secret allocated after the API registration. They are a technical requirement for being able to perform API calls.
- “Intended Purpose” / “Project”: the description text on the use of the software, the app, the website, etc. to be provided upon registration for API use.
- “End Customer”: end user of the Licensee’s Project.
- “Pay Use”: API usages as defined by ImmoScout24 which are subject to pay a fee.
- “ImmoScout24 Brand”: the ImmoScout24 trademark and logo as protected by trademark law.