General Terms and Conditions Immoscan.app version September 2025
Article 1. Immoscan.app
Immoscan.app is a trade name of the private limited liability company Vastgoed.app B.V., established at Maaskade 111b in (3071NJ) Rotterdam and registered with the trade register of the Chamber of Commerce under number 80878911. The VAT number of Immoscan.app is NL861835475B01. Immoscan.app can be reached by email via support@immoscan.app.
Immoscan.app is not affiliated with a professional association or bound to a code of conduct.
Article 2. Definitions
In these terms and conditions, the following words and terms written with a capital letter are used in the following meaning, unless the context unambiguously indicates a different meaning:
1. Subscription: an Agreement whereby a Package is delivered periodically, the content and price of which are announced in advance of each subscription period.
2. Account: a combination of a username and password with which a Customer gains access to protected Services of Immoscan.app.
3. Customer: a Consumer or a Business User with whom Immoscan.app enters into an Agreement or to whom it makes an offer or who creates an Account via the Platform.
4. General Terms and Conditions: this set of general terms and conditions.
5. Reflection Period: the period of fourteen days within which a Consumer can exercise their Right of Withdrawal.
6. Consumer: a natural person who acts in their relationship with Immoscan.app for purposes outside their business or professional activity.
7. Day: a calendar day.
8. Service: a service to be provided by Immoscan.app to the Customer under the Agreement.
9. Digital Content: data that is produced and delivered in digital form.
10. Direct Mail: a written message that is sent independently of a printed medium to individually addressed persons or officials belonging to a predetermined target group.
11. Durable Data Carrier: any tool that enables the Customer or Immoscan.app to store information directed to a party in a way that makes it accessible for future use during a period that is adapted to the purpose for which the information is intended, and that enables an unchanged reproduction of the stored information.
12. Defect: the non-compliance of the Performance with the Agreement.
13. User: a natural person designated by the Customer who gains access to the Customer's Account.
14. Right of Withdrawal: the possibility for a Consumer to withdraw from the Agreement within the Reflection Period.
15. User Content: personal and other data, such as Input, photos, floor plans, texts and images, that are uploaded or sent by or on behalf of the Customer to the Platform or placed or displayed thereon (via an Account).
16. Input: data and other information entered by or on behalf of the Customer on the Platform, on the basis of which the Customer can create a Result via the web application of Immoscan.app.
17. Model withdrawal form: the European model withdrawal form that can be downloaded via this link [Link].
18. Agreement: a distance agreement, to which these General Terms and Conditions apply and which is concluded between Immoscan.app and a Customer within the framework of an organized system for distance selling of Products, Digital Content and/or Services, whereby up to and including the conclusion of the Agreement, one or more Techniques for distance communication are used exclusively or also.
19. Package: a quantity of Performances that is purchased by a Customer at once or in subscription form per subscription period each time at a predetermined price.
20. Parties: Immoscan.app and the Customer together.
21. Platform: the websites and web applications of Immoscan.app.
22. Platform Content: the content of the Platform.
23. Performance: a Service and/or Product to be provided by Immoscan.app to the Customer under the Agreement, including also a Result.
24. Product: a Result to be provided by Immoscan.app to the Customer under the Agreement.
25. Quality Control: a Service whereby a Result is refined and made tighter.
26. Result: that which is created by Immoscan.app based on Input (including 3D visualizations (images), 360Β° scans, photos and floor plans), Quality Control and other Services that Immoscan.app stores via the Platform, whether or not in the form of Digital Content.
27. Technique for distance communication: a means that can be used for concluding an Agreement, without the Customer and Immoscan.app having to be present in the same place at the same time.
28. Business User: a natural or legal person who acts in their relationship with Immoscan.app within the framework of their trade, business, craft or professional activity.
Article 3. Applicability
These General Terms and Conditions apply to every offer that Vastgoed.app makes under the trade name Immoscan.app and to every agreement that Immoscan.app concludes (including for the use of the Platform and the Services to be provided and Products to be delivered by it (via the Platform)) and to all (legal) relationships between Parties that arise therefrom or are otherwise related thereto.
Deviations from and/or additions to these General Terms and Conditions only apply if and to the extent that Immoscan.app has expressly accepted them in writing and then only apply to the relevant Agreement.
Article 4. Privacy
In the context of its activities, Immoscan.app processes personal data and other information. Immoscan.app does this in a proper and careful manner. Furthermore, this is done in accordance with privacy legislation and regulations, these General Terms and Conditions and the applicable privacy statement of Immoscan.app [link to be added]. The privacy statement explains how personal data is handled and how Immoscan.app protects it.
It is not permitted to enter personal data of a third party on the Platform without sufficient authorization from the relevant person and/or (if requested) to give consent for the further processing of this personal data. By entering personal data or leaving it unchanged and/or giving consent for the (further) processing thereof, the Customer declares that they are sufficiently authorized to do so. Except to the extent that this is not legally permitted, the Customer indemnifies Immoscan.app against all liabilities that arise because the Customer, in violation of the foregoing, enters personal data without being authorized to do so or leaves it (unchanged) and/or gives consent for the (further) processing thereof, as intended above.
If the Customer has given consent thereto, Immoscan.app may process and use the personal data provided by the Customer for marketing and direct marketing purposes, also on behalf of or for the benefit of third parties (hostmailing), for example via Direct Mail. The Customer can withdraw this consent and/or object to the use of their personal data for marketing and direct marketing purposes via the Platform, by registered letter to Immoscan.app addressed to the business address of Immoscan.app (currently Maaskade 111b, 3071 NJ Rotterdam) or by email support@immoscan.app.
Article 5. Offer, conclusion of agreement and modification thereof
Every offer made by or on behalf of Immoscan.app is non-binding, unless it contains a period for acceptance.
The Agreement is concluded at the moment that the Customer accepts a valid offer from Immoscan.app and meets the conditions set therein. The receipt of an electronic acceptance is immediately confirmed electronically by Immoscan.app. As long as this confirmation has not taken place, the Consumer can dissolve the Agreement; a Business User does not have this option.
Within the space that the law provides for this, Immoscan.app can investigate whether the Customer can meet their payment obligations and/or whether there are other facts and circumstances that are important to determine whether it is responsible for Immoscan.app to enter into the Agreement. If this provides good grounds for Immoscan.app to attach additional conditions to the Agreement or not to enter into an agreement with the Customer, then it is still entitled to set these additional conditions or still refuse to enter into an Agreement. If Immoscan.app still sets additional conditions, it must do so in writing and with reasons. In that case, the Customer has the opportunity to dissolve the Agreement within seven days from the day of notification.
A modification of the Agreement is only binding for Immoscan.app if it has been accepted in writing by it. Immoscan.app can refuse a request to modify the Agreement without thereby being in default.
Immoscan.app cannot be held to its offer if the Customer could or should reasonably understand that it, or a part thereof, contains an obvious error or typo.
Immoscan.app cannot be held to data provided by it such as - but not exclusively - price lists, insofar as these are not explicitly referenced in an offer. Immoscan.app publishes the current Packages and the associated prices on its website www.Immoscan.app.
Article 6. Services, Packages and Subscriptions
Immoscan.app offers the following Service via the Platform. After the Customer has entered the required Input on the Platform, the Customer can have the number of Products belonging to the Package purchased by them generated. The Results are delivered as Digital Content and stored on the Platform. This happens via an account that the Customer must create with Immoscan.app for this purpose.
The Customer can view the Results online via their Account and download them in various formats. Depending on the chosen Package, an overview of the real estate portfolio of the Customer can be created in the account. Some Packages also offer the possibility to organize the objects into multiple sub-portfolios.
The Services are offered by Immoscan.app in different Packages. Different conditions are attached to these different Packages. The current Packages and prices can be consulted via www.immoscan.app/pricing.
Unless otherwise indicated, Packages are offered separately. This means that the circumstance that in the past a Package with a certain composition was offered at a certain price does not oblige Immoscan.app to continue offering or offer again a Package with the same composition and at a comparable price. The Customer who has purchased a certain Package in the past therefore has no right to purchase the same or a comparable Package again at a later time under the same or comparable conditions.
If Packages are offered as a Subscription, the following applies: a. Subscriptions are automatically renewed annually unless they are cancelled on time and in accordance with what is stipulated in article 25. b. The composition of a Package and/or the price of a subscription can be adjusted for a new subscription period. Changes are communicated in writing. These then apply to renewals that take effect on the first day of the second calendar month after this notification is made. The notification is deemed to have been received on the day of sending. If the notification is not sent on a working day, the notification is deemed to have been received on the next working day. Example: on April 27, notification is made of an adjustment. This is King's Day, a national holiday. Therefore, the notification is deemed to have been received on the first working day after April 27. The announced changes then apply to subscriptions whose new subscription period starts on or after July 1 of that year.
The Packages and the Results obtained with them are intended exclusively for the Customer's own use. It is not permitted to use the Packages for the benefit of third parties. For example, it is not permitted to provide Results to third parties for their own use and/or to sell Results - whether or not for profit - to third parties.
Article 7. Prices
All prices are in euros and including VAT for Consumers. This also applies to the prices of packages. The prices for packages intended for Business Users are excluding VAT.
If the VAT rates change before payment of the price has taken place, the price may be adjusted accordingly.
Article 8. Payment
Payment must be made via the payment methods mentioned in the offer.
The Customer must pay the full price in advance.
Article 9. No right of withdrawal
The Business User is in no case entitled to a Right of Withdrawal.
The Consumer is not entitled to a Right of Withdrawal with regard to Results generated during the Reflection Period when: i. the Consumer agrees that performance of the Agreement by Immoscan.app starts within the Reflection Period; and ii. the Consumer declares to waive their Right of Withdrawal; and iii. delivery by Immoscan.app of the Digital Content, which is not delivered on a material carrier, has taken place.
If the Consumer chooses a Package that does not consist of a single Product, the Right of Withdrawal is limited proportionally if the Consumer: i. agrees that performance of the Agreement by Immoscan.app starts within the Reflection Period; and ii. agrees that when using their Right of Withdrawal, the price is settled proportionally for use and delivery that have already taken place by Immoscan.app of the Digital Content, which is not delivered on a material carrier.
Article 10. Right of withdrawal
To the extent that the Consumer does not waive the Right of Withdrawal wholly or partially in the manner mentioned in the previous article, the Consumer can dissolve the Agreement during the Reflection Period of fourteen days without giving reasons. The Reflection Period starts on the day after the Agreement is concluded.
If Immoscan.app has not provided the Consumer with the legally required information about the Right of Withdrawal and the way in which the Right of Withdrawal must be exercised and/or the Model withdrawal form, then the Reflection Period is extended by the time that has elapsed from the time mentioned in the previous paragraph of this article until the moment when all missing data has been provided to the Consumer in the prescribed manner, but at most twelve months.
The Consumer must prove that the Right of Withdrawal has been exercised on time and in the correct manner.
Article 11. Exercise of the Right of Withdrawal by the Consumer and the costs thereof
If the Consumer exercises their Right of Withdrawal, the Consumer must notify this to Immoscan.app within the Reflection Period. This can be done: a. by means of the Model withdrawal form that: i. is sent with the order confirmation; and ii. can be downloaded via the Immoscan.app website: www.immoscan.app and via this link www.immoscan.app/contact b. by notifying this to Immoscan.app in another unambiguous way.
If the Consumer withdraws after first having expressly requested that the performance of the Service begins during the reflection period, the Consumer owes Immoscan.app an amount that is proportional to that part of the obligation that at the time of withdrawal has been fulfilled by Immoscan.app, set against the full fulfillment of the obligation. The amount to be paid in that case is calculated on the basis of the price, as recorded in the Agreement. If these would be excessive, the amount to be paid is calculated on the basis of the market value of the part of the Agreement that has been executed.
If the Consumer uses their Right of Withdrawal, all any (additional) agreements are dissolved by operation of law.
Article 12. Obligations of the Consumer during the Reflection Period
Because invoking the Right of Withdrawal leads to termination of the Account, the Consumer must ensure that all Results that the Consumer wants to keep are downloaded and/or stored in an environment outside the Account by the Consumer in time. By termination of the Account, the Results are permanently destroyed. Therefore, Immoscan.app is no longer able to provide the Results (again) to the Consumer. Termination of the Account can take place immediately after Immoscan.app has received the withdrawal notification. No separate (prior) notification is made of this.
Article 13. Obligations of Immoscan.app upon withdrawal
If the withdrawal notification by the Consumer has been made electronically, Immoscan.app sends a receipt confirmation to the Consumer immediately after receipt thereof.
With due observance of what is stipulated in article 11 paragraph 2, Immoscan.app refunds all payments that the Consumer has made with regard to the Package. This refund happens immediately but in any case within fourteen days from the day after the day on which the Consumer reported the withdrawal.
Immoscan.app uses the same payment method for refund as the one with which the Consumer made the payment, unless the Consumer agrees to another payment method. The refund is free of charge for the Consumer.
Immoscan.app removes the Consumer's Account within 3 months.
Article 14. Registration and account security
The Customer must be 18 years or older to use the Platform.
Accounts are strictly personal. Except for persons and/or companies that are expressly and sufficiently authorized to create Accounts on behalf of their employees and/or clients, Customers are prohibited from creating an Account for anyone other than themselves.
The Customer will not create an Account via the Platform in an unauthorized manner. The Customer will not use any other method than the browsers and apps that are necessary to reach the Platform in the usual way and for regular use; also no use will be made of a script, bot, spider, crawler and/or scraper.
The Customer is responsible for keeping and keeping secret their password. The Customer will therefore not (try to) use, collect and/or retrieve login credentials of other Customers.
The Customer is responsible for all activities that take place via their own Account as well as for their behavior and the User Content that the Customer sends, places or displays on or via the Platform. Depending on the Package, the Customer can designate one or more Users. The Customer is obliged to point out to the Users the obligations under the Agreement, including these General Terms and Conditions.
The Customer declares that the User Content that is and/or is provided during the creation of an Account is accurate, complete and current. The Customer must keep the User Content updated so that it is accurate.
Accounts, usernames and/or other Account-related rights, including those regarding the Packages and their use, are not sellable, transferable and/or lendable. The Customer will therefore not (try to) do this.
The Customer will not try to limit another Customer in the use of the Platform. The Customer may also not encourage and/or facilitate the violation of these General Terms and Conditions and/or other conditions of Immoscan.app.
The Customer understands and accepts that Immoscan.app cannot and will not take responsibility for User Content that is published via the Platform, and that the Customer uses this Service at their own risk. If the Customer acts in violation of the General Terms and Conditions and/or poses a legal risk to Immoscan.app, Immoscan.app is entitled to permanently or temporarily deny the Customer access to the Platform (including the Customer's Account) and/or terminate their Account.
Article 15. Safety
The Customer may not (let) place violent, discriminatory, unlawful, infringing, hateful, pornographic or other sexually oriented User Content via the Platform. It is never permitted to place User Content on the Platform that is otherwise in violation of applicable laws and/or regulations or to place User Content that is considered inappropriate in social traffic.
The Customer may not use the Platform for illegal or unauthorized purposes. The Customer honors all laws, rules and regulations that apply to the Services of Immoscan.app and the use of the Platform, including for example copyright legislation.
It is not permitted to hinder and/or disrupt the Platform or the servers and/or networks that are connected to the Platform in any way, for example by sending worms, viruses, spyware, malware or other destructive or disruptive codes. The Customer may not change, modify, adapt the Platform or change, modify or adapt another website to falsely suggest a connection with the Platform or Immoscan.app. Furthermore, the Customer may not inject content or code or otherwise make adjustments to the web page(s) of Immoscan.app and/or manipulate the display of these web page(s).
Article 16. No backup service/security internet/data costs/platform access
The Customer must make their own backups of their User Content and Results generated via the Platform. Immoscan.app expressly does not offer a backup service. The Customer may therefore not use the Platform as a backup or storage space.
The Customer acknowledges and accepts that the security of connections via the internet can never be fully guaranteed and that sending User Content or other information may therefore not be fully secure, even though Immoscan.app has taken appropriate measures to upload or otherwise send User Content as well and securely as possible. If the sensitivity of certain User Content requires it, the Customer should contact Immoscan.app to discuss an alternative way of providing this to Immoscan.app.
All data costs that the Customer incurs in connection with the use of the Platform are at the expense of the Customer.
It is prohibited to gain access to the Platform via 'crawling', 'scraping', 'caching' or in another way via automated means, unless this is done with standard search engine protocols or technologies or when Immoscan.app has expressly given permission for this.
Article 17. Intellectual property rights
Immoscan.app hereby grants the Customer a non-transferable license to use the Platform.
Upon termination of the Agreement, all any licenses provided to the Customer expire immediately.
It is not permitted (to try) to modify the source code of the Platform, to create derivative works from it, to decompile it or otherwise obtain it, except when this is expressly permitted according to an open source license or when Immoscan.app has expressly given written permission for this. Any attempt to do this is a violation of Immoscan.app's rights.
Immoscan.app claims no ownership of User Content that the Customer places on or via the Platform. Instead, the Customer hereby grants Immoscan.app a non-exclusive, royalty-free, transferable, sublicensable, worldwide license for the User Content that the Customer places on or via the Platform, in accordance with Immoscan.app's privacy policy. This license continues after the Account is terminated.
The Customer declares and guarantees that: i. the Customer owns the User Content that is placed by the Customer on or via the Platform or otherwise has the rights and licenses that are set out in these General Terms and Conditions; ii. the placing and use of User Content on or via the Platform is not in violation of or infringes on the rights of a third party; including privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights; iii. the Customer pays all royalties, fees and all other monies that the Customer owes on the basis of the User Content that the Customer places on or via the Platform.
The Platform Content is owned by or licensed to Immoscan.app. The Platform Content is protected by intellectual property rights, such as copyrights and trademark rights. Immoscan.app has and retains all rights regarding the Platform Content. It is not permitted to remove, modify or conceal any notice regarding copyrights, trademarks or other intellectual property rights that are included in or with the Platform Content. It is also not permitted to reproduce, modify, adapt, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Platform Content, nor to create derivative works from it.
The Immoscan.app logo and this trade name may not be copied, imitated or used in whole or in part without prior written permission from Immoscan.app. In addition, all headers, custom images, button icons and scripts service marks, trademarks and/or logos of Immoscan.app may not be copied, imitated and/or used without prior written permission from Immoscan.app.
Article 18. With consent: information via Direct Mail and the Platform
If the Customer has given consent thereto, they can receive information via Direct Mail and/or the Platform. This information may contain links or references to (mobile) applications, websites, offers, services, functions or advertisements from third parties. Except to the extent that this is not permitted by mandatory law, Immoscan.app is in no way responsible or liable for such expressions, applications, web services, offers, services, advertisements, other content or functions of these third parties. Immoscan.app advises the Customer to read the terms and privacy policy of these third parties.
Given consent as referred to in paragraph 1 of this article is not automatically withdrawn by the termination of the Account. Consent must be explicitly withdrawn in the manner described in article 4 paragraph 3.
Article 19. (Rejection of) warranties
Immoscan.app will strive to fulfill its obligations under Agreements concluded between Parties as well as possible. This places an obligation of effort on Immoscan.app. There is no obligation of result. Results are generated based on the Input. The Customer vouches for the accuracy, quality and completeness of the Input. Immoscan.app cannot verify this itself. Any inaccuracies in the Input or insufficient quality of the Input are therefore entirely at the expense and risk of the Customer. Incorrect Input leads in principle to (for the relevant object) incorrect Results. Input of insufficient quality will in all probability have negative consequences for the quality of the Result.
With Quality Control, a Result that is created by Input is processed. This means that the Result of Quality Control may deviate from the actual situation. The Customer must take this into account and carefully check themselves whether there is any deviation. Unless this is determined otherwise by mandatory law, such a deviation can never lead to an attributable shortcoming on the part of Immoscan.app.
Immoscan.app guarantees that the Products, Digital Content and/or Services to be delivered by it to Consumers comply with the specifications mentioned in the offer, with the reasonable requirements of soundness and usability and the existing legal provisions and/or government regulations on the date of conclusion of the Agreement. However, explicit reference is made to what has been noted in the previous paragraph regarding any deviations in Results that are obtained with Quality Control. A warranty provided by Immoscan.app does not detract from the legal rights and claims that the Consumer can assert against Immoscan.app on the basis of the Agreement.
Although Immoscan.app will strive to make the Platform as available as possible, there may be moments when the functions and/or availability thereof are limited or interrupted by maintenance work, upgrades, emergency repairs or the failure of telecommunications connections and/or equipment. Unless this is determined otherwise by mandatory law, such a limitation and/or interruption can never lead to an attributable shortcoming on the part of Immoscan.app.
Immoscan.app will strive to ensure that its Services meet the requirements to be set for them and that all measures that can reasonably be expected from it in that context have been taken. With due observance of what is stipulated in the third paragraph regarding Consumers, Immoscan.app cannot guarantee that the Platform will function flawlessly at all times, that all any defects can be corrected and/or that the Platform or the server that makes the Platform available is free from harmful components, such as viruses.
Article 20. (Limitation of) liability
If a Customer consists of more (natural and/or legal) persons, these are always jointly and severally liable and each liable for the whole for all obligations arising from the use of the Platform, unless and to the extent that this is not permitted by mandatory law.
Except to the extent that this is not permitted by mandatory law, the liability of Immoscan.app is limited in the manner described in the following paragraphs of this article.
Any liability of Immoscan.app is excluded towards the Customer. If Immoscan.app should nevertheless be liable, then this liability is, to the extent legally permitted, limited to what is regulated hereafter in this article.
The limitations of liability and indemnification of Immoscan.app included in these General Terms and Conditions are also intended to limit the liability and indemnification of its (former) employees and directors as well as third parties engaged by or on behalf of Immoscan.app in connection with the Agreement or the Platform by Immoscan.app as well as their any heirs. They can all directly rely on these limitations and other provisions in these General Terms and Conditions.
Immoscan.app is only liable in case of intent or conscious recklessness.
Immoscan.app is never liable for damage that is the result of or related to incorrect Input, Input of insufficient quality, deviations of Results that are generated with Quality Control compared to the actual situation and/or (changed) laws and regulations.
In no case is Immoscan.app liable for any form of indirect or consequential damage, including but not limited to delay damage, loss of turnover or profit, missed savings and business closure.
In no case will the total cumulative liability of Immoscan.app towards the Customer for all damage, losses or causes be higher than the amount that Immoscan.app has charged to the Customer under the Agreement in the 6 months immediately preceding the occurrence of the first damage to which the liability relates.
The Customer hereby waives in advance the right to demand in case the Customer suffers any damage or loss as a result of the actions or omissions of Immoscan.app: 1) a judicial prohibition on the exploitation; 2) a judicial prohibition on or the stopping of the development, production, distribution, advertising, display or exploitation, of the Platform, another website, product or other content that is owned or controlled by Immoscan.app.
User Content is not submitted to Immoscan.app for approval. Therefore, Immoscan.app disclaims all responsibility or liability for loss, damage (regardless of whether this is actual damage, consequential damage, civil penalties or other damage), injury, claims, liability or any other legal basis arising from or related to any User Content.
Immoscan.app is expressly not liable for damage that arises from or results from: i. entering into an agreement based on an advertisement from a third party; ii. a message from the Customer not arriving immediately or on time at a third party, which is brought to the attention of the Customer by Immoscan.app and/or vice versa; iii. not immediately or on time performing or providing work or Services to a Customer, whereby (extra) damage has arisen or the damage could not be limited; iv. using the help of other persons. The applicability of article 6:76 BW is excluded; v. inaccuracy of the information provided by the Customer or other circumstances attributable to the Customer; vi. the (alleged) infringing and/or otherwise unlawful nature of the (content of the) advertisement, Direct Mail action and/or the delivered good or service; vii. a shortcoming in the fulfillment of any obligation by a third party that is brought to the attention of the Customer by Immoscan.app; viii. any modification to or suspension or discontinuation of the Platform and/or the loss of Results and/or User Content; 10. Any right to compensation expires if the relevant damage is not reported in writing to Immoscan.app (address currently: Maaskade 111b, 3071 NJ Rotterdam, email: support@immoscan.app) by the Customer within 8 days after discovery thereof or after the damage should reasonably have become known, but at the latest within 3 months after the event that caused the damage, on pain of expiration of the right to compensation and all other claims. 11. The exclusion or limitation of liability arising from this article also applies in favor of the replacement of Immoscan.app and/or third parties engaged by Immoscan.app, who are or are not involved in the execution of work under its direction. 12. The Customer will immediately notify Immoscan.app in case of damage and/or in case of liability by a third party, insofar as this can lead to a (indemnification) claim on Immoscan.app.
Article 21. Indemnification
Except to the extent that this is not permitted by mandatory law, the Customer indemnifies Immoscan.app, in the manner described in the paragraphs of this article, against all possible claims from third parties, which are in any way related to the Platform and/or the services of Immoscan.app, including for the damages mentioned in the previous article.
In a situation as referred to in the previous paragraph, the Customer is obliged to assist Immoscan.app both in and out of court at their own expense if Immoscan.app is addressed. The Customer must then immediately do everything that can be expected from the Customer in that case. If the Customer fails to take adequate measures, then Immoscan.app, without notice of default, is entitled to proceed to do so itself. All costs and damage that thereby arise on the part of Immoscan.app are then entirely at the expense and risk of the Customer.
The obligation of the Customer to indemnify arising from this and the previous article also applies in favor of the replacement of Immoscan.app and/or third parties engaged by Immoscan.app, who are or are not involved in the execution of work under its direction. These third parties can directly rely on the provisions in these General Terms and Conditions.
Article 22. Territory-bound restrictions
It is prohibited to download software from the Platform and (re-)export it to: a. (a citizen or resident of) a country against which the Netherlands, the European Union and/or the United States have imposed a (trade) embargo or to which they have imposed other restrictions or sanctions that make this not permitted; or b. persons to whom the European Union has imposed sanctions and/or restrictions, who are on a blacklist of the European Union or on the list of 'Specially Designated Nationals' of the Ministry of Finance of the United States, the 'Table of Deny Orders' of the Ministry of Commerce of the United States and/or a comparable list of the Netherlands and/or the European Union. By downloading any software that is related to the Platform, the Customer declares and guarantees that they are not a citizen or resident of such a country and that the Customer does not appear on such a list.
Article 23. Validity of Packages and end of Agreement
A Result to which the Customer is entitled on the basis of a Package can be generated within 12 months after the day on which that Package was purchased. If the Result has not been generated at that time, the right to use that Package expires. The Customer then has no right to a refund (of a part) of the price that was paid for that Package.
After the expiry of the period mentioned in the first paragraph, it is still possible to view, download and/or export the Results, messages from Immoscan.app and User Content for 12 months. However, it is no longer possible to generate new Results, make changes to User Content and/or upload User Content. Unless a new Package has been purchased via the Account in the meantime, the term of the Agreement ends at the moment this period expires. In that case, access to the Account ends and it is terminated. After this, it is no longer possible to view, download and/or export Results, messages and/or User Content.
Article 24. Complaints
Any complaints related to the Platform, and/or a Service or that are related to and/or arise from the Agreement, must be submitted to Immoscan.app via support@immoscan.app fully and clearly described within a reasonable time after the Customer has noticed a Defect. The Customer receives a written confirmation of receipt of the complaint within 7 days after receipt thereof by Immoscan.app.
In the case of a Business User, 'within a reasonable time' in the previous paragraph means: a period of at most 8 days after the Defect or the circumstance that gives rise to the complaint has been discovered or could reasonably have been discovered, but in all cases at most 14 days after the occurrence of the Defect or, if the complaint is related to a Service and this is earlier: at most 14 days after execution of the relevant Service. If the Business User allows one of the aforementioned periods to expire, any (claim) right that the Business User has in this regard expires.
Immoscan.app strives to respond in writing substantively to a complaint within 14 days after receipt thereof. If this appears not to be feasible, Immoscan.app informs the Customer about this as soon as possible in writing. It is indicated when Immoscan.app will respond in writing.
After a Defect has been reported, the Customer is obliged to do everything possible to limit and keep limited the damage for themselves, Immoscan.app and/or a third party. If a complaint is made about a Result, the Customer may not use it further. Except to the extent that this is not permitted by mandatory law, all costs of the investigation by (the) Immoscan.app (designated third party) are at the expense of the Customer if and to the extent that the complaints appear to be unfounded.
Except to the extent that the following is not permitted by mandatory law, there is in any case no question of a shortcoming or imperfection in the sense of this article if: a. this is the result of/arises from incorrect Input; b. this is the result of/arises from adjustment of the law or regulations or another relevant norm after the Result has been generated; c. it appears that the Input can also be interpreted or valued in another way, insofar as the way of valuation by Immoscan.app does not deviate from applicable laws and regulations and/or established practices.
The Consumer can, without prejudice to what is stipulated in this article, rely on a suspension right that belongs to them. Complaints do not suspend the payment obligation of the Business User in any way.
If the Customer is not a Consumer, the burden of proof rests on this Customer that the Result/Service does not meet the Agreement.
Complaints about invoices must be reported in writing to Immoscan.app within 14 days after invoice date if the Buyer is a Business User. In case of default, any right of the Business User to adjust the invoice expires.
Article 25. Termination
The Customer can terminate the Agreement at any time with due observance of a notice period of 30 days. Subscriptions can only be terminated at the end of the subscription period. A notice period of 30 days also applies to this. A notice period, as referred to in this paragraph, starts on the day after the termination is received by Immoscan.app.
In the case of an agreement for a definite period, Immoscan.app can only terminate the Agreement prematurely if there are important reasons. This is the case, for example, if: a. the Customer does not use a Package and the Results obtained with it exclusively for own use; b. the Customer violates the privacy rights of third parties, including Users, when using the Platform; c. unauthorized User Content is uploaded to the Platform (via an Account); d. Immoscan.app discontinues its activities and/or the Platform.
When terminating by Immoscan, a notice period of 30 days is observed. Subscriptions can only be terminated at the end of the subscription period. A notice period of 30 days also applies to this. A notice period, as referred to in this paragraph, starts for Business users on the day on which the notification is sent by Immoscan.app. If the notification is not sent on a working day, the notification is deemed to have been received on the next working day. In deviation from the foregoing and except to the extent that this is not permitted by mandatory law, Immoscan.app does not need to observe a notice period when it cannot reasonably be required to let the Agreement continue. This is the case, for example, in the case of important reasons that can be attributed to the Customer and/or repeated violations of provisions in the Agreement, including these General Terms and Conditions.
Termination must take place in writing. The termination notification can be sent: a. by registered letter, addressed to the business address of Immoscan.app (currently Maaskade 111b, 3071 NJ Rotterdam); b. by email via support@vastgoed.app; c. the Consumer can also terminate the Agreement in the same way as the use of the Platform by the Consumer was entered into.
Upon termination of the Agreement, all any rights that have been granted to the Customer under these General Terms and Conditions expire immediately.
After termination of the Agreement, Immoscan.app will terminate the Customer's Account. It can do this from the moment that the period mentioned in the first or third paragraph of this article has expired. No separate (prior) notification is made of this. If no notice period needs to be observed, the Account is not terminated before 30 days after the day on which the termination notification is made have expired.
It is the Customer's own responsibility to ensure that all Results as well as other information, data and files that are stored in an account and that the Customer wishes to keep, are downloaded or exported in time and to delete everything that the Customer wants to see deleted before the notice period has expired. By termination of the account, the Results are permanently destroyed. Therefore, Immoscan.app is no longer able to provide the Results (again) to the Customer.
Credits and/or rights that the Customer has under a Package expire after the expiry of the notice period mentioned in the first paragraph of this article, without the Customer getting a claim on Immoscan.app in this regard. No separate (prior) notification is made of this.
Article 26. (Non-)transferability of rights and obligations
Rights and obligations of the Customer related to the use of the Platform and/or the services of Immoscan.app are not transferable. If there nevertheless appears to be transferability, transfer to a third party is only possible with prior written permission from Immoscan.app.
Except to the extent that this is not permitted by mandatory law, Immoscan.app can transfer (part of) its rights and/or obligations from the legal relationship with the Customer to a party to which Immoscan.app is directly or indirectly affiliated without prior permission from the Customer.
Article 27. No waiver of rights
Except to the extent that this is not permitted by mandatory law, waiver of rights by Immoscan.app can only take place by a written notification to that effect. If Immoscan.app does not exercise its rights under these General Terms and Conditions or postpones exercising them, this cannot be considered as a waiver of that right, or of any other right under these General Terms and Conditions.
Article 28. Contact
For questions about these General Terms and Conditions, the Customer can contact Immoscan.app by sending an email to support@immoscan.app.
If the Customer wants to contact Immoscan app about other matters, this can also be done in the manner mentioned in paragraph 1 of this article. For certain situations, it is indicated in these General Terms and Conditions that contact with Immoscan.app can also be made in other ways.
Consumers who want to send a written notification or notice with legal effect to Immoscan.app can also do this in other ways than mentioned above. The burden of proof of sending then lies with the Consumer.
If Immoscan.app does not request other address details than an email address when concluding the Agreement, all notifications from Immoscan.app to Customer are made to this email address. In that case, the Customer must inform Immoscan.app in time if this email address is no longer current. It is the Customer's own responsibility to check the mailbox in which the emails are received, which are sent to the specified email address, sufficiently regularly.
Article 29. Conversion
If on the basis of reasonableness and fairness or the unreasonably onerous nature thereof, no appeal can (no longer) be made to a provision of these General Terms and Conditions, the relevant provision is given a meaning that is as much as possible in accordance with the content and scope, so that an appeal can be made to it.
Article 30. After-effect
After the end for whatever reason of the Platform and/or the services agreed with Immoscan.app, the provisions remain applicable that are intended to remain in effect after termination, including at least what is stipulated in article 4 (Privacy), article 17 (Intellectual Property Rights), article 19 (Rejection of warranties), article 20 (Limitation of liability), article 21 (Indemnification), article 30 (After-effect) and article 32 (Applicable law and forum choice).
Article 31. Changes
Immoscan.app has the right to unilaterally change these General Terms and Conditions from time to time.
A change to the General Terms and Conditions takes effect 30 days, or as much later as indicated in the changed General Terms and Conditions, after the change has taken place in the following ways: i. on the Platform; ii. by placing a notification in the account; iii. by sending an email to the Customer.
Consumers and Business Users equated with Consumers have the right to (in writing) object to changes if and to the extent that these are unreasonably onerous for them. In that case, they have the right to dissolve the Agreement, unless Immoscan.app declares that it will nevertheless and with retroactive effect refrain from using the changed General Terms and Conditions in that relationship.
The General Terms and Conditions also apply to upgrades and updates of the Platform that replace and/or supplement the Platform, unless this upgrade or update is accompanied by updated General Terms and Conditions. In that case, the updated General Terms and Conditions apply.
Article 32. Applicable law, forum choice and expiration of rights
These General Terms and Conditions and all non-contractual rights and obligations arising therefrom are governed in all respects by Dutch law. The application of the Vienna Sales Convention (CISG) is expressly excluded.
Except to the extent that this is not permitted by mandatory law, all disputes between the Customer and Immoscan.app that may arise in connection with the Agreement (including these General Terms and Conditions that are part thereof), or further agreements and other actions related to the Agreement, such as, for example, but not exclusively, unlawful acts, undue payments and unjust enrichment, are settled by the competent court of the District Court of Rotterdam, location Rotterdam.
Except in the situations in which this has been deviated from in these General Terms and Conditions, a dispute regarding a certain legal claim must be brought within one year after the legal claim has arisen and has become known to the claiming Party, without prejudice to the possibility of earlier expiration or prescription according to the law.
Laatst bijgewerkt: september 2025