Terms and conditions

1. Scope and provider

These terms and conditions (“Terms”) govern the use of the CarFalke market search – website, app and associated services (the “Service”) – by businesses in the motor vehicle trade (the “Customer”). The provider is CarFalke GmbH, Mies-van-der-Rohe-Straße 8, 80807 München, Deutschland (“CarFalke”, “we”).

The Service is addressed exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB). Consumers cannot use it. Deviating or supplementary terms of the Customer do not become part of the contract even if we do not expressly object to them. Individual agreements in an offer or order confirmation take precedence over these Terms.

2. CarFalke's services

CarFalke searches publicly accessible vehicle listings on third-party portals (currently mobile.de, AutoScout24 and Kleinanzeigen), presents them in one combined search with filters, price rating, market value, vehicle details and – where published in the listing – the seller's contact details, notifies the Customer of new hits for its saved searches and offers tools such as a watchlist, team status, purchase calculation, live view and a mobile app. The specific scope (number of users, number of saved searches, portals, notification speed) follows from the agreed plan.

The listings originate from third parties. CarFalke reproduces them as published on the portal and gives no warranty that they are complete, current, correct or still available; the original listing is always authoritative. Which listings the Service captures depends on the portals; if they change their structure or restrict access, the scope of the Service may change temporarily or permanently. Functions that retrieve portal pages on demand (e.g. “Fetch details”) are available within a daily quota.

Price ratings, market values, purchase potentials and market trends are statistical estimates from comparable listings. They replace neither an inspection of the vehicle nor the Customer's own checks; the decision to buy is the Customer's alone. Functions marked as a preview may be incomplete and may be changed or discontinued at any time.

CarFalke is neither the buyer nor the seller of the vehicles shown, not an agent and not a party to any vehicle purchase. mobile.de, AutoScout24 and Kleinanzeigen are trademarks of their respective owners; CarFalke has no relationship with these portals. When visiting a portal, its terms of use apply.

3. Access and conclusion of the contract

Access is requested via the “Request access” form. The request is an offer by the Customer to conclude a user contract under these Terms. The contract is concluded when CarFalke confirms the request in text form (e-mail) after verification and activates the access. There is no entitlement to activation; CarFalke may reject the request without giving reasons, in particular where the professional activity in the motor vehicle trade has not been demonstrated.

The Customer warrants that it trades in motor vehicles professionally, that the details given in the request are true and complete, and that the requesting person is authorised to represent the Customer. Changes to the company details must be notified without delay.

Trial: unless agreed otherwise, on activation the Customer receives free trial access for the duration stated at activation (currently 30 days). The trial ends automatically; it is not tacitly extended and creates no obligation to pay. Paid plans, their prices, scope and term are agreed separately in an offer or order confirmation.

4. User accounts and team

The Customer receives user accounts up to the number of users agreed in the plan (“seats”). Accounts may be assigned only to employees of the Customer and to persons engaged by it who use the Service for the Customer; passing on credentials to third parties and the shared use of one account by several persons are prohibited. The Customer manages its team itself and may create, change and remove accounts at any time.

Credentials must be kept secret. The Customer is responsible for all actions taken through its accounts, to the extent it is accountable for them, and informs CarFalke without delay of any suspected misuse.

5. Permitted use

The Service may be used solely for the Customer's own business, namely to find vehicles, evaluate them for purchase by the Customer and approach the seller about them. The following in particular is prohibited:

• using sellers' contact details for purposes other than an enquiry about the vehicle offered, in particular for advertising, serial calls, messages unrelated to the listing or inclusion in mailing lists
• passing on, publishing, renting out or selling data from the Service to third parties, and using the data for a competing product of the Customer's own or of a third party
• systematically reading out, copying or downloading substantial parts of the database, and accessing the Service through bots, scripts or other automated means
• circumventing the number of users, search limits, quotas or security measures
• any use that violates applicable law, in particular data protection and competition law (GDPR, UWG), or infringes the rights of the sellers or the portals
• entering unlawful, insulting or non-factual content in notes and other free-text fields

The Customer is itself responsible for complying with the legal obligations incumbent on it when contacting sellers and buying vehicles.

6. Data protection and the Customer's responsibility

How CarFalke processes personal data is described in the privacy policy. For the Customer's own use of sellers' contact details and other seller information – for instance in calls, enquiries and notes – the Customer is an independent controller within the meaning of the GDPR. It undertakes to use this data only for the purpose named in section 5, not to pass it on to third parties, not to keep it longer than necessary after the matter is closed, and to respect objections by sellers. When inviting employees, the Customer ensures that it is entitled to transmit their data to CarFalke.

7. Availability, maintenance and further development

CarFalke endeavours to keep the Service available around the clock. There is no entitlement to uninterrupted availability. Maintenance, disruptions at service providers, changes or access restrictions on the portals and events beyond our control may limit availability or the amount of data; we announce planned maintenance where possible.

CarFalke may develop the Service further and change, add or discontinue functions, provided the contractually agreed core of the Service is preserved and the change is reasonable for the Customer. We give notice of material restrictions in text form.

8. Fees and payment

The fees for paid plans follow from the offer or order confirmation. All prices are net plus statutory VAT. Invoices are sent electronically by e-mail and, unless agreed otherwise, are due without deduction within 14 days of receipt.

In case of late payment the statutory default interest (§ 288(2) BGB) and the lump sum under § 288(5) BGB apply. If the Customer is in default with a due payment despite a reminder with a reasonable grace period, CarFalke may suspend access until payment; the obligation to pay remains unaffected.

9. Term and termination

The trial ends at the end of the stated duration without notice being required. The term of a paid plan follows from the offer. Unless agreed otherwise there, the contract runs for an indefinite period and may be terminated by either party in text form with 30 days' notice to the end of a month.

The right of both parties to terminate without notice for good cause remains unaffected. Good cause exists for CarFalke in particular if the Customer breaches section 5 despite a warning, ceases its professional activity in the motor vehicle trade, or its details in the access request were incorrect.

At the end of the contract the access of the Customer and its team expires. The Customer is responsible for exporting the data it needs (e.g. watchlist, notes) before the end. After the end of the contract we delete the Customer's data in accordance with the privacy policy.

10. Suspension for violations

If the Customer or a member of its team violates these Terms or applicable law, or there are concrete indications of this, CarFalke may – taking the Customer's legitimate interests into account and depending on the severity of the violation – temporarily suspend individual accounts or the entire access, restrict functions or remove content. We inform the Customer of the measure and its reason, unless legal requirements or the prevention of ongoing abuse prevent this, and give it the opportunity to respond.

11. Rights of use and content

For the term of the contract the Customer receives the non-exclusive, non-transferable and non-sublicensable right to use the Service for its business within these Terms. All rights in the software, the design, the analyses and the database, including the rights of the database producer (§§ 87a et seq. UrhG), remain with CarFalke or its licensors. The rights of the sellers and the portals in the listings remain unaffected.

Content the Customer creates in the Service (e.g. notes, status, calculations) remains its content. It grants CarFalke the right to store and process it to the extent necessary to provide the Service.

12. Liability

CarFalke is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of a guarantee assumed.

In case of slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely), liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. During the free trial CarFalke is liable – apart from the cases of the first paragraph – only for intent and gross negligence.

CarFalke is not liable for the correctness, completeness and availability of listings originating from third parties, for price ratings, market values and other estimates, for the Customer's decisions to buy a vehicle, or for the performance of contracts between the Customer and a seller. For loss of data CarFalke is liable only to the extent that would have occurred even with proper data backup by the Customer.

The liability of CarFalke's legal representatives, employees and agents is limited in the same way.

13. Indemnity

The Customer indemnifies CarFalke against claims of third parties – including sellers behind listings, portals and authorities – that are based on a culpable violation of these Terms or applicable law by the Customer or members of its team, including the reasonable costs of legal defence. CarFalke informs the Customer of such claims without delay and leaves the defence to it where possible.

14. Changes to these Terms

CarFalke may change these Terms with effect for the future where this is necessary for objective reasons, for instance due to a changed legal situation, case law, changes on the portals or new functions, and the change is reasonable for the Customer. We give notice of changes in text form at least 30 days before they take effect. If the Customer does not object before they take effect, the changes are deemed accepted; we point out this consequence and the Customer's right to terminate the contract as of the effective date separately in the notice. Changes to the fees and to the agreed core of the Service require the Customer's consent.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is CarFalke's registered office, provided the Customer is a merchant, a legal entity under public law or a special fund under public law. CarFalke remains entitled to sue the Customer at its general place of jurisdiction.

Declarations for which these Terms require text form may be made by e-mail. Should a provision of these Terms be invalid, the validity of the remaining provisions remains unaffected; the statutory provisions replace the invalid provision.