General terms

Services are available to individuals and legal entities capable of entering into contracts under applicable Swiss law. By using ImmoTopAkt you represent that you meet these legal capacity requirements and that any information you provide is accurate and not misleading.

Users must be at least 18 years of age or of legal age in their jurisdiction to enter into binding agreements. If you are using our services on behalf of an organization, you confirm you have authority to bind that organization.

You agree to use ImmoTopAkt services for lawful purposes related to real estate transactions only. Use of the service for fraudulent, abusive, or illegal activities is prohibited.

Availability of certain services may vary by jurisdiction. Users are responsible for compliance with local laws and tax obligations when using ImmoTopAkt services from Switzerland or abroad.

Certain areas of the ImmoTopAkt service require registration. You are responsible for maintaining the confidentiality of account credentials and for all activities that occur under your account.

You must provide accurate, complete, and up-to-date information when creating an account or submitting transaction documentation. ImmoTopAkt is not responsible for consequences arising from inaccurate information you submit.

Protect your account credentials. Notify ImmoTopAkt immediately if you suspect unauthorized access. We implement technical and organisational measures appropriate to the risk to protect data.

Accounts are personal and non-transferable unless expressly agreed in writing by ImmoTopAkt. Attempted transfer without consent may result in suspension.

If you believe your account has been compromised, contact ImmoTopAkt immediately. Prompt notification allows us to take measures to secure your data and limit further unauthorized access.

ImmoTopAkt may suspend or terminate accounts for violation of these Terms, security concerns, or legal obligations. We will provide notice where operationally feasible.

ImmoTopAkt provides document drafting, template provision, review, and advisory services related to real estate transactions. Services are delivered by qualified personnel and are tailored to Swiss real estate practice. Deliverables and scope will be specified in service confirmations or engagement letters.

We may update services, features, or content to improve compliance and quality. Significant changes affecting contracted services will be communicated in advance and handled per existing service agreements.

We strive to maintain availability of the service; however, access may be interrupted for maintenance, security updates, or unforeseen outages. ImmoTopAkt will take commercially reasonable measures to minimize disruption.

When using ImmoTopAkt you must adhere to the following rules to maintain a secure, lawful and professional environment:

• Provide truthful and accurate information related to transactions and documents.
• Do not upload documents containing malware or unlawful content.
• Respect confidentiality and do not disclose other users' private information without authority.
• Use the platform for legitimate real estate transaction purposes only.
• Comply with applicable Swiss laws, regulations and professional standards.
• Refrain from attempts to probe, scan, or test the vulnerability of our systems.
• Cooperate promptly with ImmoTopAkt requests related to contribute or dispute resolution.

User content means any documents, data, instructions or materials you upload or submit to ImmoTopAkt in connection with services. You retain ownership of your user content subject to these terms.

By submitting user content you affirm you have the necessary rights and permissions to provide such materials to ImmoTopAkt for the purposes of delivering services.

You grant ImmoTopAkt a non-exclusive, worldwide, revocable licence to process and use your user content solely for providing and improving the services, including storage, analysis, and secure sharing with service personnel involved in your engagement.

You are responsible for ensuring that user content does not infringe third party rights, contain unlawful material, or violate privacy rights. ImmoTopAkt does not assume liability for user-provided content except as expressly provided in a service agreement.

ImmoTopAkt may remove user content that violates these terms or applicable law. Upon termination of services, archived copies may be retained to meet legal or contractual obligations.

All intellectual property rights in the ImmoTopAkt platform, templates, methodologies, and proprietary materials are owned by or licensed to ImmoTopAkt. Users are granted only the limited rights necessary to use the services as provided in these Terms.

• Do not reproduce, distribute or create derivative works of ImmoTopAkt proprietary templates without written permission.
• Do not remove or alter copyright, activity, or other proprietary notices on ImmoTopAkt materials.
• Do not attempt to reverse engineer or extract proprietary source code, processes, or databases from the service.

Some ImmoTopAkt services are provided for a fee. Paid services are governed by these Terms and any applicable service agreement or invoice.

Pricing for paid services is specified in service proposals, engagement letters, or on the website. Fees are based on scope, complexity and applicable rates at the time of engagement.

Payments are due according to the invoice terms. Accepted payment methods and billing arrangements will be described in the service confirmation. Outstanding amounts may incur interest or administrative charges as permitted by law.

Where subscription services are offered, billing recurs at the chosen interval until cancelled in accordance with the subscription terms. Cancellations will take effect at the end of the current billing period unless otherwise specified.

Refunds for paid services are considered on a case-by-case basis in line with the specific service agreement. Refunds are not automatic and require evaluation of work performed to date.

You may cancel paid services as set out in the service agreement. ImmoTopAkt reserves the right to suspend or terminate paid services for non-payment or material breach.

Applicable taxes, duties, or withholding obligations are the responsibility of the client unless otherwise stated. ImmoTopAkt will invoice applicable taxes where required by law.

ImmoTopAkt may adjust fees for future services; fee changes will not affect fees for services already agreed and confirmed in a signed engagement.

In case of non-payment, ImmoTopAkt may suspend access to deliverables and retain work product until outstanding invoices are settled. Collection costs may be charged to the client.

ImmoTopAkt provides professional document services and guidance. Information provided is for the client's use in specified transactions and does not substitute for independent legal, tax or notarial advice where required. Clients should consult qualified advisers if specific legal or tax consequences are at issue.

To the maximum extent permitted by law, ImmoTopAkt's liability for direct losses arising from provision of services is limited to fees paid for the specific service giving rise to the claim. ImmoTopAkt is not liable for indirect, consequential or special damages, lost benefits or lost opportunities.

ImmoTopAkt may interact with third-party providers (notaries, banks, registries) necessary to complete transaction-related tasks. We act as coordinator and will endeavour to ensure quality, but are not responsible for third-party delays or failures beyond our control.

Either party may terminate an engagement in accordance with the service agreement. ImmoTopAkt may suspend or terminate access to services for breach, non-payment, or if required by law.

Upon termination, outstanding fees remain payable and ImmoTopAkt may retain copies of client files to the extent necessary to meet legal obligations or for the defence of claims. Clients will receive final invoices and transfer instructions for deliverables.

ImmoTopAkt processes personal data in accordance with the Privacy Notice. We apply technical and organisational measures to protect personal data and only process data necessary to provide contracted services.

Notices under these Terms shall be given in writing by email or postal mail to the contact information provided in the service agreement. Important notices may also be posted on the ImmoTopAkt website.

ImmoTopAkt may amend these Terms. Material changes affecting existing engagements will be communicated in writing. Continued use of services after notice constitutes acceptance of the updated Terms.

These Terms are governed by the substantive laws of Switzerland. Parties submit to the jurisdiction of Swiss courts for disputes that cannot be resolved by negotiation or mediation.

Where disputes arise, parties should first seek resolution through good-faith negotiation. If unresolved, parties may pursue mediation or bring proceedings before the competent Swiss courts in accordance with applicable rules.