Terms of Use for IMMOLAB OÜ
Effective Date: March 30, 2023
Welcome to IMMOLAB OU! This agreement outlines the terms and conditions between you and IMMOLAB OU (referred to as “IMMOLAB,” “We,” or “our”), the owner and operator of www.immolab.app and its related services (collectively, the “Services”).
These Terms of Use govern your use of IMMOLAB and its Services. By downloading, installing, or using IMMOLAB or the Services, or by accessing any content provided by us through the Services, you agree to comply with these Terms of Use. Please note that these Terms of Use may be updated periodically. If you do not agree to these Terms of Use, you should not download, install, or use the Services.
Definitions
IMMOLAB: An online platform that allows users (referred to as “Members”) to publish, search for, communicate, and other services. IMMOLAB does not own or control any Posts or publishing services. IMMOLAB is not a real estate agent and does not act as an agent for any IMMOLAB Agent or User.
User: A user who uses IMMOLAB services to search for buying or renting properties without the need for registration.
Agent: A member who creates a Post or fills in an Agent profile through IMMOLAB or the Services and who completes the IMMOLAB registration process as described under the “Account Registration” section below as Real Estate Agent.
Regular User: A member who creates a Post or fills in a Regular User profile through IMMOLAB or the Services and who completes the IMMOLAB registration process as described under the “Account Registration” section below as a Regular User.
Post: A listing created by a Member to make space available for contact and inquiries through IMMOLAB or the Services.
Collective Content: Includes Member content and IMMOLAB Content.
Service provider/Policy holder: Refers to IMMOLAB OU.
Services: Includes the IMMOLAB website, software, related data, content provided by IMMOLAB, and other related estate agency services described in the Sales Contract.
Account: A unique account created by a user to access our Services or specific parts of our Services.
Company: (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to IMMOLAB OU.
Content: Refers to various forms of information, such as text, images, videos, or other content that can be posted, uploaded, linked to, or made available by a user.
Device: Any device used to access our Services, such as a computer, cell phone, or tablet.
Feedback: Comments, innovations, or suggestions provided by Members regarding the attributes, performance, or features of our Services.
Website: Refers to www.immolab.app, accessible at https://www.immolab.app.
Eligibility; Accounts and Registration
By using IMMOLAB or our Services, you acknowledge and agree that you are at least 18 years old, have not been previously suspended or removed from the Services, and that your registration and use of the Services comply with applicable laws and regulations.
To add listings as a Regular User or as a Real Estate Agent, you must create an IMMOLAB account. During registration, you will be required to provide accurate and complete information about yourself and your Agent company. It is your responsibility to ensure that your contact information remains accurate and up-to-date.
Each account is intended for the use of a single user only. Sharing your username and account with others is prohibited. You may only use the Services for transactions on your own behalf.
If you use IMMOLAB or our Services, you are responsible for maintaining the confidentiality of your IMMOLAB account and restricting access to your devices. You agree to accept liability for all activities that occur under your account. IMMOLAB reserves the right to refuse service, terminate accounts, or modify or remove content at its sole discretion.
Availability and System Requirements
IMMOLAB is available as an application for devices running Apple iOS and Android OS operating systems. If you download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
The IMMOLAB application may be upgraded or updated periodically to introduce new features or services. By using our Services, you consent to these upgrades and updates, including automatic ones that are necessary for the proper functioning of our Services. These Terms of Use apply to all updated or new versions of IMMOLAB and our Services.
Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable license by IMMOLAB to download and install the Application on a single mobile device or computer that you own or control, for your personal use. If you use the App Store-sourced application, you must use it on an Apple-branded product running iOS and in accordance with the Usage Rules stated in the Apple Store Terms of Service. IMMOLAB retains all rights to the Application not expressly granted to you by these Terms.
To use IMMOLAB, you need a compatible device, internet access, and meet the necessary software requirements. Unless stated otherwise, there are no charges for using IMMOLAB or the Services covered by these Terms. However, please note that your carrier may apply their standard rates and fees for services such as text messaging and data usage. You are solely responsible for any applicable charges. By using IMMOLAB, you provide your consent and all necessary rights for users to sync any visible information on IMMOLAB with their devices, including through an application.
Your Responsibility
You are fully responsible for your use of IMMOLAB and its Services, as well as any content you post on the Services, and you will bear any consequences that may arise from such use. You agree to comply with all applicable laws in connection with your use of the Services, including but not limited to laws pertaining to content creation, intellectual property, and privacy.
Content
Certain parts of IMMOLAB and its services allow you to provide various forms of content, such as text, photos, audio, videos, information, feedback, or other materials (referred to as “Content”). By providing Content, regardless of the form or method, you grant IMMOLAB a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, create derivative works of, distribute, publish, and exploit that Content without limitations. In cases where IMMOLAB compensates or facilitates the creation of Content, IMMOLAB may become the owner of that Content.
You are solely responsible for all the Content you provide and warrant that you either own the rights to it or have the necessary authorization to grant IMMOLAB the rights described in these Terms of Use. You are also responsible and liable if any of your Content violates or infringes upon the intellectual property or privacy rights of any third party. Your Content must adhere to our Content Quality Policy and Privacy Policy, which prohibit discriminatory, obscene, harassing, deceptive, violent, and illegal content, among other things.
Profile and Post
As a registered user on IMMOLAB, whether you are a real estate agent or a regular user (property owner), you have the ability to create a profile and post on IMMOLAB. Your profile is based on the personal information you provided during registration. You are not allowed to have more than one (1) active IMMOLAB account. It is important that you provide accurate, current, and complete information during the registration process and keep it updated. If you create multiple IMMOLAB accounts or provide inaccurate, outdated, or incomplete information, IMMOLAB reserves the right to suspend or terminate your account and/or access to IMMOLAB or its Services.
As a real estate agent or regular user, IMMOLAB grants you the right to create a post or utilize other services. When creating a post, you will be asked various questions about the address, location, capacity, size, features, pricing, and more.
In order to be featured as a post via IMMOLAB or the Services, all posts must have valid physical addresses. Posts will be made publicly available via IMMOLAB or the Services. Other users will be able to view your post , call you and make conversation with you via IMMOLAB or the Services.
All content that you upload to IMMOLAB will be considered non-confidential and non-proprietary, and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third party’s legal rights.
Limitation of Liabilities
While all users are required to provide accurate information, IMMOLAB or its Services do not guarantee or endorse the identities or backgrounds of users. Although we may conduct additional checks, we do not make any representations or confirmations regarding users or their identities.
By using IMMOLAB or its Services, you agree that any legal recourse or liability you seek for the actions or omissions of other users or third parties will be limited to those specific individuals who caused harm to you. You agree not to hold IMMOLAB or its Services liable or seek legal remedies against them for such actions or omissions. We encourage you to directly communicate with other users regarding any posts made by you on the site.
If you choose to use IMMOLAB or its Services, you acknowledge and agree that they are provided on an “AS IS” basis, without any warranties, whether express or implied. You assume all risks associated with the satisfactory quality, performance, accuracy, and effort of the services. IMMOLAB and its Services do not guarantee uninterrupted, secure, or error-free access to IMMOLAB, the Services, or the content provided. Additionally, no warranty is provided regarding the quality, accuracy, timeliness, or truthfulness of the Services.
No Endorsement
You acknowledge and agree that the entire risk associated with your access to and use of IMMOLAB and its Services, whether in person or online, remains with you to the maximum extent permitted by law. In no circumstances will IMMOLAB or any other party involved in the creation, production, or delivery of IMMOLAB or its Services be liable for any incidental, special, indirect, or consequential damages arising from or related to these Terms of Service, your use of IMMOLAB and its Services, or any interactions with other users.
IMMOLAB’s participation in the Services does not make it responsible for the information provided and services offered by users. IMMOLAB is not liable for any damages or costs arising from a user’s use of the Services, including errors or delays in the negotiation process. IMMOLAB reserves the right to discontinue, suspend, or terminate the participation of any Real Estate Agent or Regular User at its sole discretion.
IMMOLAB, its related entities, directors, officers, employees, and agents disclaim all liability and responsibility for any direct or indirect loss or damages suffered by any recipient relying on the content of IMMOLAB or its Services. IMMOLAB is not liable for any damage or alteration to your equipment, including computer equipment, handheld devices, or mobile phones, resulting from the installation or use of IMMOLAB.
In no event shall IMMOLAB and its Services be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from unauthorized access to or use of our servers, interruption or cessation of transmission, bugs, viruses, or similar issues transmitted by third parties.
IMMOLAB explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, or warranties arising from a course of dealing or usage of trade. Please note that some jurisdictions may not allow the limitation of incidental or consequential damages, so this limitation may not apply to you. In no event shall IMMOLAB’s total liability to you for all damages exceed €50.
Third-party links and advertising
IMMOLAB and its Services may contain advertisements, hyperlinks, and pointers to third-party websites or applications. These links are not part of IMMOLAB or its Services and are not under our control or responsibility.
Indemnification
You agree to indemnify, defend, and hold IMMOLAB and its Services, including affiliates and personnel, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from your access to or use of the Site, the Services, or any violation of these Terms. This includes claims related to your user content, interactions with other users, creation of posts, and use of spaces, including any injuries, losses, or damages incurred. Please note that we will not be liable for any indirect or consequential loss or damage, including loss of profits, sales, business, revenue, interruption of business, anticipated savings, business opportunities, goodwill, or reputation.
Suspension, Termination, and Account Cancellation
IMMOLAB and its Services have the discretion to limit, suspend, deactivate, or cancel your account at any time, with or without cause and with or without prior notice. This may result in the deactivation or suspension of your account, termination of communication with other users, and notification to users about the status of your account. You can cancel your account by emailing team@immolab.app. Please note that if your account is canceled, we are obligated to delete any content you have posted, including posts, videos, pictures, and conversations.
Proprietary Rights and License
All intellectual property rights, including trademarks, copyright, and database rights, in IMMOLAB and its Services, as well as the underlying software code, are owned by IMMOLAB or its licensors. The design of IMMOLAB, including text, scripts, graphics, interactive features, trademarks, service marks, and logos (“Marks”), are owned or licensed by IMMOLAB. IMMOLAB and its Services are provided to you for informational and personal use only. All rights not expressly granted to you are reserved by IMMOLAB. You agree not to engage in the use, copying, or distribution of any of the services other than expressly permitted herein, including any use or distribution of status submissions of third parties obtained through the service for any commercial purposes.
Feedback
By providing input, feedback, and suggestions about our Services, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully-paid right to use that feedback for any purpose, including improving the Services and creating new products and Services.
Copyright Infringement
IMMOLAB respects the intellectual property rights of others and expects the Customer to do the same. We will remove all infringing content if properly notified that it infringes third-party copyrights and may do so at its sole discretion, without prior notice at any time.
Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it.
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint.
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
You can send copyright infringement notices to legal@immolab.app or by mail to Ahtri 12-5, Tallinn, Estonia, 10151. If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
Additional Guidelines and Updates
Your use of the Services is subject to any additional guidelines, rules, Product Terms, and agreements that we may post or link to from the Services.
Translations and Amendments
Our Terms are written in English. We may amend or update these Terms, and we will provide notice of material changes and update the “Last modified” date. By continuing to use our Services, you confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using our Services by deleting your account.
Account Closure
IMMOLAB reserves the right to close a user account without prior notice if the Customer terms have been violated.