Condizioni generali di contratto

1. Scope and contracting party

These Terms and Conditions govern the use of the “Torch Real Estate” software (the “Software”), including all associated websites, portals and interfaces.

The contracting party is TORCHTECHNOLOGY LTD, a private limited liability company registered in the Republic of Cyprus (company registration number HE 496008), registered office: 25 Martiou, 27, D. MICHAEL TOWER, Office 105A, Egkomi, 2408 Nicosia, Republic of Cyprus, email: hello@torchtechnology.de (“we” or “the provider”).

Deviating terms of the customer do not become part of the contract unless we expressly agree to them in text form.

2. Subject matter

We provide the Software as a web-based service (“Software as a Service”) over the internet. The scope of functions follows from the product and pricing description on our website as applicable at the time the contract is concluded.

The Software supports the customer in managing properties, units, tenancies, settlements and tenant communication. We owe the provision of the Software, not any particular economic or legal outcome.

We continuously develop the Software further. Changes that do not materially restrict the contractually owed scope of functions are reserved.

3. No legal, tax or financial advice

The Software does not replace legal, tax or business advice. Documents and calculations generated by the Software — in particular operating-cost statements, dunning letters and default interest, leases, termination and rent-increase letters, deposit settlements, condominium documents, reports and tax or accounting exports — are non-binding work results based on the data entered by the customer.

The customer must review every result for substantive and legal correctness before using it towards third parties and obtain expert advice where necessary. This applies expressly to results generated using artificial intelligence or extracted from uploaded documents; such results may be incomplete or incorrect.

The customer is responsible for monitoring statutory deadlines — such as settlement, termination or objection periods. Reminder and automation features of the Software are aids and do not establish any monitoring obligation on the part of the provider.

4. Trial period

We initially provide the Software free of charge for a limited period. The duration and conditions of the trial are shown on our website at registration. The trial ends automatically; it does not result in a paid subscription and does not need to be cancelled.

5. Conclusion of contract, term and termination

A paid contract is concluded when the customer provides a payment method during checkout and completes the order subject to payment.

Depending on the billing period selected, the contract runs monthly or annually and renews automatically for the selected period unless terminated before the end of the current period. Termination is possible at any time via the customer portal or in text form to the email address stated above.

The right to extraordinary termination for cause remains unaffected for both parties. Good cause exists for us in particular if the customer is substantially in arrears with payment or uses the Software unlawfully.

6. Prices, billing and late payment

The prices shown on our pricing page apply. Prices are exclusive of any value-added tax owed by law.

The price depends on the number of units managed in the customer’s account. If the customer exceeds the limit of their plan, billing is automatically adjusted to the applicable tier from the next billing period. From 61 units, billing is subject to a separate agreement.

Payments are processed by our payment service provider Stripe. If a payment fails, we may restrict or deactivate access after reasonable notice. The customer’s data remains stored during this period and becomes accessible again once the arrears are settled.

7. Customer obligations

The customer undertakes to:

• keep access credentials confidential and protect them from third-party access;
• ensure that they are entitled to process the personal data they upload — in particular tenant, applicant and owner data — and that they meet the required information obligations towards the data subjects;
• not upload unlawful, harmful or infringing content;
• take responsibility for the accuracy of the data entered.

The customer is responsible for the actions of employees and other users to whom they grant access to their organisation as if they were their own.

8. Data protection and processing on behalf

Where we process personal data on behalf of the customer — in particular data of tenants, applicants, owners and service providers — the customer is the controller and we are the processor within the meaning of Art. 28 GDPR.

The details are governed by the Data Processing Agreement (DPA), which becomes part of these Terms upon conclusion of the contract. Information on the processing of the customer’s own data is set out in our privacy policy.

9. Availability

We endeavour to make the Software available with as little interruption as possible but do not owe any particular availability rate. Scheduled maintenance windows and outages caused by disruptions outside our sphere of responsibility (in particular disruptions of the internet, at hosting providers or at third-party services such as payment, messaging or AI services) do not count as unavailability.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory statutory provisions.

In case of simple negligence, we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.

Liability for simple negligence is otherwise excluded.

We are liable for loss of data only to the extent that such loss would also have occurred despite proper and regular data backups by the customer. The customer is expected to use the available export functions regularly.

The above limitations also apply in favour of our vicarious agents.

11. Data export and deletion after contract end

During the term of the contract, the customer may export their data at any time using the export functions available in the Software. After the contract ends, we make the data available for export for a period of 30 days and delete it thereafter, unless statutory retention obligations prevent this.

12. Changes to these Terms

We may amend these Terms where necessary to adapt to changed legal or technical conditions, or where the change does not unreasonably disadvantage the customer. We will notify changes in text form at least six weeks before they take effect. If the customer does not object within six weeks of receiving the notification, the changes are deemed accepted; we will point this out separately in the notification. In the event of an objection, both parties are entitled to terminate the contract as of the date the changes take effect.

13. Governing law and jurisdiction

The law of the Republic of Cyprus applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent legally permissible, the courts of the Republic of Cyprus have jurisdiction.

Mandatory consumer protection provisions of the state in which a customer acting as a consumer has their habitual residence remain unaffected. Consumers may also sue us in the courts of their place of residence.

Should any provision of these Terms be invalid, the validity of the remaining provisions remains unaffected.

14. Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. Details and the model withdrawal form are set out in our withdrawal policy.

15. Contact

For questions about these Terms, contact us at hello@torchtechnology.de.