By using the platform on the website www.ikosia.de, customers can carry out a non-binding current energy analysis of their property online and receive additional services, such as creating an individual renovation plan or applying for funding for the energy-related renovation of the property Commission IKOSIA. In addition, the customer has the opportunity to receive brokerage offers via the platform for the implementation of their construction project by building contractors, craftsmen, financial service providers or other services

These general contractual conditions apply to the use of the platform on the website www.ikosia.de as well as all services and business transactions between IKOSIA and customers in connection with the energy-efficient renovation of real estate and brokerage offers.

These contractual conditions also apply to future similar transactions between IKOSIA and the customer, even if no express reference is made to them again when the contract is concluded.

Any different, deviating or conflicting conditions of the customer will not be recognized. They do not become part of the contract even if they were referred to in an order, unless IKOSIA has previously expressly agreed in writing to the validity of the customer's conditions.

Individual agreements made with the customer in individual cases (including additional agreements, additions and changes) always take precedence over these contractual conditions. Subject to proof to the contrary, a written contract or written confirmation from IKOSIA is decisive for the content of such agreements.

"IKOSIA" is IKOSIA Energy Solutions (Germany) GmbH with its registered office at Wadzeckstrasse 10, 10178, Berlin. "IKOSIA" is IKOSIA Energy Solutions (Germany) GmbH with its registered office at Wadzeckstrasse 10, 10178, Berlin.

"Customer" means all persons, whether consumers or entrepreneurs, who use IKOSIA services as well as those who register on the IKOSIA website.

“Contractual conditions” are these general contractual conditions in their current version.

“Services” means the services provided by IKOSIA as specified in the order.

Only customers who have reached the age of 18 can create a user account. The customer is responsible for protecting his user account from unauthorized access by third parties.

The customer is liable for all activities that are carried out using his user account, including for abusive activities by third parties, unless he is not responsible for the misuse or has not breached any duty of care.

Successful registration creates a usage relationship between IKOSIA and the customer. The user contract begins with the first registration and is concluded for an indefinite period of time.

The customer must provide the information required for registration truthfully. The use of pseudonyms, stage names or misleading information is not permitted. The customer will inform IKOSIA in a timely and unsolicited manner about changes to his data (in particular changes of name or owner, change of legal form and address) at least in text form (e-mail) and change them on the platform. The registration process can only be carried out successfully if the required mandatory information is provided. By registering, the customer confirms the inclusion of these contractual conditions.

Registration for a company may only be carried out by a natural person authorized to represent it and named as the company's contact person. IKOSIA may request proof of identity or power of attorney at any time.

The conclusion of the usage contract and registration as part of the (automated) current status analysis does not result in any payment obligations for the customer - without the use of further (paid) services.

There is no entitlement to registration or permission to access the project space that requires registration. IKOSIA can impose special registration requirements for individual offers at any time.

The approved group of users may exclude natural or legal persons who offer or arrange such consulting and/or brokerage services that IKOSIA itself or through third parties already offers or intends to offer. IKOSIA can block user accounts of customers who do not or no longer belong to the approved group of users when registering or at a later date.

IKOSIA's offers are subject to change unless the specific offer states otherwise.

After completing the energy current status analysis and/or the customer's inquiry, IKOSIA usually makes the customer an offer for energy advice and application for funding.

If the customer wants to accept IKOSIA's offer, he can declare this by sending a binding order email or digitally signing the offer. The customer thereby declares bindingly that he wants to receive the services stated in the offer.

A contract for the use of paid services, e.g. energy consulting services, is concluded when the customer registers for the respective service or fills out and sends the order form and accepts this offer by IKOSIA. IKOSIA accepts the offer by sending an electronic order confirmation or implicitly by making the service available. IKOSIA can make the use of paid services dependent on the customer’s identity being verified.

If the customer uses paid services on the platform, he is obliged to pay the costs incurred. If an increase in the fee occurs during the agreed term as part of ongoing obligations, the fee valid from the time of the increase must be paid.

IKOSIA is entitled to demand an appropriate deposit from the customer before the service is provided.

For additional changes or repeat services, IKOSIA reserves the right to charge an additional fee of €50/hour plus VAT.

If, as part of the planning and/or implementation of the renovation project, it turns out that the scope of services does not insignificantly exceed the originally calculated scope of services, in particular change services for which IKOSIA practically has to start planning from scratch and a new service has to be provided that has not already been provided As part of the proper fulfillment of the previous service, IKOSIA is entitled to an additional fee. Excepted from this are changes or subsequent performance measures by IKOSIA for which IKOSIA is responsible.

The invoice amount is paid [exclusively to the IKOSIA account specified on the invoice]. The customer will be invoiced in electronic form (pdf) via the user account or by email, unless otherwise agreed.

IKOSIA's claims become due upon receipt of the invoice by the customer. Unless otherwise stated in the order confirmation, payments must be made within ten (10) working days of receipt of the invoice without deduction to the account specified on the invoice. When the payment deadline expires, the customer is in default of payment. The receipt of payment is decisive for meeting the payment deadline.

If IKOSIA becomes aware of a significant deterioration in the customer's financial circumstances after conclusion of the contract (e.g. adverse credit reports or interim payment delays), IKOSIA is entitled to carry out outstanding services only against advance payment or appropriate security, with any service deadlines being extended accordingly. Open claims from services are due immediately.

Interest on late payments will be charged at a rate of 9 percentage points per annum above the respective base interest rate. If the customer is a consumer (§ 13 BGB), default interest of 5 percentage points per annum above the respective base interest rate will be charged. The right to assert higher specific damages due to delay remains reserved. The customer is entitled to prove that no or only minor damage occurred as a result of the late payment.

If the customer defaults on a payment, IKOSIA is free to withhold further services or only provide them in the event of an advance payment. Further legal claims of IKOSIA remain unaffected.

On its platform, IKOSIA offers the option of carrying out a so-called energetic current state analysis (“analysis”). IKOSIA uses the information to analyze the necessary basis for an initial energy assessment, in particular what savings potential would result from potential renovation measures. After the analysis has been completed, IKOSIA provides the customer with the result of the analysis for the property, which is automatically calculated based on the data entered.

The customer may only use the result of the analysis for their own information or to commission IKOSIA or an external service provider brokered by IKOSIA to plan and implement the planned construction project.

Insofar as the services offered by IKOSIA are services for which qualification as an energy efficiency expert is necessary, these are carried out by energy consultants with the appropriate qualifications. [Billings are made via IKOSIA.]

IKOSIA reserves the right to have its performance obligations towards the customer carried out by a subcontractor.

All data created in connection with services provided by IKOSIA or its cooperation partners remain the property of IKOSIA or the cooperation partner in accordance with the legal regulations, unless a supplementary written agreement on the rights of use, exploitation and/or ownership has been made in individual cases.

If the funding application created by IKOSIA is not approved, the customer will be refunded the amount paid for the “funding service”. The refund does not include any costs incurred or any payments already made for additional/separate planning services commissioned and provided. If the funding is not approved because the customer or the craftsman does not comply with the funding criteria during implementation, the right to a refund will no longer apply.

Unforeseeable and unavoidable events (e.g. war, war-like conditions, lack of energy or raw materials, sabotage, strikes, epidemics, pandemics) as well as all other external operational disruptions or official influences for which IKOSIA is not responsible release IKOSIA for the duration of their existence from the obligation to perform, even if they occur during an already existing delay. Deadlines are thereby extended to an appropriate extent. This also applies to late or improper services provided by an IKOSIA subcontractor for which IKOSIA is not responsible.

As part of the consultation, IKOSIA may provide the customer with additional external service providers who can implement individual or comprehensive renovation measures. These service providers have a cooperation relationship with IKOSIA. The following regulations apply to the contractual relationship between the customer and the external service provider.

The offers published on the platform are published in the name of the respective external service provider. IKOSIA does not check the accuracy or completeness of the offer information.

Remuneration for external service providers is processed directly with them. IKOSIA is not responsible for collecting or accepting any remuneration for external service providers.

IKOSIA acts purely as an intermediary in the context of initiating and executing the contract between the customer and the external service provider and does not become a party to that contract. Successful placement is not guaranteed. The commission charged by IKOSIA for the placement is owed solely to the external service provider, not the customer. The external service providers are neither vicarious agents nor vicarious agents of IKOSIA. The fulfillment of the contracts brokered through IKOSIA is carried out exclusively by the external service provider. The external service provider is not subject to any instructions from IKOSIA when executing the brokered contracts. IKOSIA assumes no responsibility for the correctness of the provision of services. Each external service provider is independent of IKOSIA and acts on its own account.

If IKOSIA's services are works, the customer is obliged to accept the service after completion. Acceptance usually takes place as part of a final meeting. Alternatively, IKOSIA can request the customer to accept the goods in writing or by email and give them a reasonable deadline of at least fourteen (14) days.

As far as work services can be accepted, IKOSIA can demand the acceptance of self-contained partial services (partial acceptances).

A work performed by IKOSIA is also deemed to have been accepted if the customer has refused acceptance within fourteen (14) days without providing a signed statement of a defect.

Contract for the use of the platform

1. The contract for the use of the platform can be terminated with immediate effect at any time and without giving reasons.
2. The termination of the user contract does not affect any contracts concluded between the customer and IKOSIA or contractual relationships between the customer and external service providers brokered by IKOSIA.
3. When the user relationship is terminated, the customer's user account and profile, including all information stored there, will be deleted unless and until IKOSIA is obliged to store this data for legal reasons. Data collected in connection with paid or free services already provided by IKOSIA or its cooperation partners will only be deleted after the statutory limitation periods have expired.

Contract for paid services

If a contract has been concluded for IKOSIA's paid services and the order does not provide for any other provision, the respective term of the contractual relationship between IKOSIA and the customer depends on the agreed service and usually ends automatically with the provision of the agreed service by IKOSIA and payment by the customer.

The right to ordinary termination only exists if it was agreed in writing in the order.

The extraordinary right of termination of each party remains unaffected.

IKOSIA has an extraordinary right of termination in particular if (i) the customer defaults on payments more than twice, (ii) the customer repeatedly fails to meet agreed deadlines, (iii) the customer intentionally violates the provisions of these contractual terms and conditions, and/or (iv ) the relationship of trust between IKOSIA and the customer is permanently disrupted. In these cases, no costs for the service provided will be reimbursed.

If one party has a statutory right of withdrawal due to a breach of duty by the other party, the parties agree that the right of withdrawal will be replaced by an extraordinary right of termination, which may be exercised under the same conditions as the right of withdrawal

To be effective, the termination must be in text form.

If the customer has concluded a paid contract with IKOSIA and/or an external service provider brokered by IKOSIA for the planning and/or implementation of the renovation project, he is obliged to fulfill his obligations to cooperate, in particular to promote the planning and implementation of the project by providing immediate, correct and truthful information as well as by making necessary timely appointments .

The customer releases IKOSIA, its employees and other vicarious agents from all claims, obligations and expenses that other customers or third parties assert against IKOSIA due to violation of their rights by content posted on the platform by the customer or due to other use of the platform by the customer in breach of duty. The customer will reimburse IKOSIA for the costs of the necessary legal defense (both in and out of court) including all court and lawyer fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide IKOSIA immediately, truthfully and completely with all information and materials that are necessary for the examination of the claims and a defense. All further rights and claims for damages of IKOSIA and its employees or vicarious agents remain unaffected by this.

If the customer culpably violates obligations arising from the usage relationship or legal regulations, IKOSIA is entitled, at its own reasonable discretion, taking into account the legitimate interests of the customer, to delete the customer's inadmissible content, temporarily restrict the customer's access to the platform, without notice and without giving reasons and excluding the assertion of claims for compensation permanently block or permanently delete the customer's profile. The customer is not entitled to re-register. The right to extraordinary termination of the usage relationship remains unaffected. We expressly reserve the right to initiate civil and/or criminal steps, in particular the assertion of damages and/or the filing of a criminal complaint.

At the time of posting, the customer grants IKOSIA, free of charge, the non-exclusive, freely transferable, spatially and content-unlimited, freely transferable right to use and exploit the content he has posted on the platform (e.g. text and graphic data, planning documents) as well as other protected content. The right covers all known types of use as well as those types of use that are not yet known. This grant of rights to content that is posted in the customer's profile, such as photos, graphics, texts or other information posted there, is limited in time to the duration of the usage relationship. The granting of rights to other content on the platform, such as posts or comments as well as sound/image files, is unlimited in time. The latter can be anonymized after the user relationship has ended. IKOSIA is not obliged to delete or anonymize contributions that mention the departed customer by name without being created by them

Concepts, ideas, know-how, drafts, samples, models, concrete design suggestions, audio/video files, accompanying emails or other templates that IKOSIA presents or provides to the customer, but whose creation and implementation the customer has not ordered from IKOSIA or which has not are paid for by the customer ("documents"), the customer may not pass them on to third parties for use or exploitation. The documents may only be used for your own internal use. IKOSIA reserves all ownership rights and copyrights to the documents.

Upon full payment of the agreed remuneration, the customer receives a non-exclusive, simple right of use to the commissioned documents and analysis results that were prepared for the customer.

The customer ensures that the information provided by him to IKOSIA does not infringe any copyright or other rights of third parties

The customer is aware that oral information and representations of work results or in connection with services are characterized by an increased risk of misunderstandings. If the customer intends to make a decision based on such oral information, he either accepts the associated risk and assumes sole responsibility for it or will Ask IKOSIA for written confirmation of your understanding.

The customer can only offset claims from IKOSIA with legally established, undisputed claims or claims recognized by IKOSIA

The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship

The customer is not authorized to assign his contractual rights to third parties without the express written consent of IKOSIA. § 354a HGB remains unaffected.

In the event of defective performance, the customer's counter-rights, in particular claims for supplementary performance, remain unaffected.

In the case of contracts brokered by IKOSIA between the customer and an external service provider, IKOSIA is not liable for the proper provision of services or damages occurring in this relationship.

IKOSIA strives to offer trouble-free operation of the platform on a long-term basis. This is naturally limited to services over which IKOSIA has an influence. The customer acknowledges that complete, seamless availability of the platform is not technically feasible. In particular, IKOSIA reserves the right to restrict access to the platform, in whole or in part, temporarily or permanently, at its own discretion, in particular due to maintenance work, capacity issues and other events.

IKOSIA pays compensation for damages or reimbursement of wasted expenses – regardless of the legal basis – as follows

1. in the event of intent and gross negligence, the full amount
2. in all other cases only in the event of a breach of an essential obligation (cardinal obligation). The violation of a cardinal obligation within the meaning of this regulation occurs when an obligation is violated, the fulfillment of which is essential for the proper execution of the contract or the violation of which endangers the achievement of the purpose of the contract and on whose compliance the customer can regularly rely; In this case, however, IKOSIA's liability is limited to compensation for foreseeable, typically occurring damage. The above limitations of liability also apply to third parties as well as to breaches of duty by persons (including for their benefit) for whose fault IKOSIA is responsible in accordance with the statutory provisions.

The limitations of liability in accordance with Section 12.3 do not apply to damages resulting from injury to life, body or health or to claims arising from the Product Liability Act.

IKOSIA's liability for material and legal defects is excluded for other damage (property and financial loss) in the case of free services, in particular the provision of information or documents. IKOSIA is not liable for the completeness, suitability for a particular purpose, timeliness and accuracy of analysis results, research results, automated processes or other information.

A limitation period of one year applies to all claims against IKOSIA for damages or reimbursement of wasted expenses in the event of contractual and non-contractual liability. The limitation period begins at the time specified in Section 199 Paragraph 1 of the German Civil Code (BGB). It occurs no later than five years after the claim arises.

The service offered, statements and explanations about the platform in advertising materials and on the IKOSIA website in particular do not contain any guarantee about any quality or assurance of a property. A guarantee statement or assurance must be made in writing and expressly stated as such.

Otherwise, the customer's warranty claims are based on the legal regulations.

The exclusions and limitations of liability also apply in favor of the legal representatives and vicarious agents of IKOSIA if claims are asserted directly against them and accordingly for claims against companies and cooperation partners affiliated with IKOSIA as well as their legal representatives and other vicarious agents.

The customer undertakes to treat any information or documents relating to operational or business secrets or any information or documents marked or identifiable as confidential (“confidential information”) that becomes accessible to him in connection with the business relationship with IKOSIA with strict confidentiality and to protect it from unauthorized access by third parties, only for the purposes necessary to carry out the business relationship to use it and to ensure equally confidential treatment by its employees and employees.

If confidential information has to be disclosed due to mandatory legal or official regulations, IKOSIA must be informed immediately and, if possible, before the confidential information is passed on.

If the customer concludes the contract with IKOSIA for a purpose that cannot be attributed to his commercial or independent professional activity, the following provisions on the right of withdrawal apply to the customer as a consumer (§ 13 BGB).

The customer has the right to cancel the contract within fourteen (14) days without giving reasons.

The cancellation period is fourteen (14) days from the day the contract was concluded. It does not begin to expire until the customer has received this instruction in text form.

In order to exercise his right of withdrawal, the customer must inform IKOSIA of the decision to withdraw from this contract by means of a clear statement (e.g. letter, fax or email). In order to meet the cancellation period, it is sufficient that the declaration of the exercise of the right of cancellation is sent before the cancellation period expires. The customer can also use the sample cancellation form [https://www.gesetze-im-internet.de/bgbeg/art_253anlage_2.html], although this is not mandatory. If the customer makes use of this option, IKOSIA will immediately send the customer confirmation (e.g. by email) of receipt of such a revocation.

If this contract is revoked, IKOSIA must repay all payments received from the customer immediately and no later than fourteen (14) days from the day on which the notification of the revocation of this contract was received by IKOSIA. For this repayment, IKOSIA uses the same means of payment that the customer used for the original payment, unless something different was expressly agreed between the contracting parties; In no case will the customer be charged any fees due to this repayment.

In the event of revocation, the customer must return to IKOSIA all services that he received up to the revocation. If the return of a service is precluded by its nature, for example if the building materials used cannot be removed without destruction, compensation must be paid.

If the customer has expressly requested that the services begin during the cancellation period, the customer must pay IKOSIA an appropriate amount corresponding to the proportion of the amount paid up to the time at which the customer informs IKOSIA of the exercise of the right of cancellation with regard to this contract. the service already provided compared to the overall scope of the service provided for in the contract. For a contract concluded outside of business premises, the customer must have submitted his request on a durable medium.

The right of withdrawal expires in the case of a contract for the provision of services if (i) the service has been fully provided, (ii) the customer has expressly agreed before the service is provided that IKOSIA begins to provide the service before the end of the cancellation period, (iii ) the customer's consent has been transmitted on a durable medium (in the case of a contract concluded away from business premises), and (iv) the customer has confirmed his knowledge that he will lose his right of withdrawal if the contract is fully fulfilled by IKOSIA.

Legally relevant declarations and notifications by the customer regarding the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, at least in text form in accordance with Section 126b of the German Civil Code (e.g. letter, email, fax). Statutory formal requirements and other evidence, particularly in the event of doubts about the legitimacy of the person making the declaration, remain unaffected.

The law of the Federal Republic of Germany is decisive for all legal relationships between IKOSIA and the customer arising from or in connection with the contract, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from or in connection with these contractual conditions is Berlin. IKOSIA can also assert its claims in the courts of the customer's general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

IKOSIA does not take part in any dispute resolution procedures and is not obliged to do so. The European Commission provides an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/. IKOSIA is not obliged to take part in dispute resolution proceedings before a consumer arbitration board and does not take part in them voluntarily.

If agreements made in these terms and conditions of sale are wholly or partially lacking legal validity or are not implemented, this will not affect the validity of the remaining content. The invalid or ineffective condition is then replaced by one that comes closest to the intention of the contractual partners.