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General Terms and Conditions (GTC) for the platform nextsure
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts and services provided via the online platform nextsure (hereinafter referred to as “platform” or “nextsure”). The providing parties are iMatch GmbH, Großer Burstah 50–52, 20457 Hamburg, and SCAILE Technologies GmbH, Jungfrauenthal 8, 20149 Hamburg (hereinafter collectively referred to as “providers” or “parties”) under the brand nextsure.
1.2 Deviating, opposing or additional conditions of the user are not part of the contract unless the providers have expressly agreed to their validity in writing.
2. Definitions
2.1 nextsure: Joint brand and platform of iMatch GmbH and SCAILE Technologies GmbH for the digital brokerage of insurance and (limited) financing products.
2.2 Distribution Partner: A licensed third party (e.g. insurance company, insurance broker or agent) offering insurance or financial products via the platform.
2.3 Completion Path: The technical, interactive online application (form, questionnaire, lead form etc.) through which the customer enters data to receive a specific insurance or financing offer or to initiate an application.
2.4 Lead: The electronic transmission of customer data to a distribution partner with the intention of concluding a contract.
3. Scope of Services, Contract Subject
3.1 The platform nextsure in particular provides the following services:
Display and comparison of topic-specific insurance products (e.g., liability, motor vehicle, household, legal protection) and selected financing offers,
Provision of online completion paths made available by licensed distribution partners (pursuant to § 34d GewO),
Technical implementation and editorial maintenance of content by SCAILE Technologies UG as well as hosting and operation of the portals,
Lead brokerage to licensed distribution partners, where specific advice and contract execution take place.
3.2 iMatch GmbH acts towards end customers as a registered multiple intermediary (§ 34d GewO) and as a service provider in the imprint, while SCAILE Technologies UG is named as an editorial service provider in all imprints.
3.3 The platform itself does not conduct any independent insurance or financial advice; the actual brokerage and advice are exclusively carried out by the respective licensed distribution partner.
4. Contract Conclusion
4.1 The insurance and financing offers displayed on nextsure do not constitute a binding offer but an invitation for customers to submit an offer.
4.2 By filling out the completion path and clicking the “Request Offer” or “Submit Application” button, the customer submits a binding contract offer for lead brokerage to a distribution partner.
4.3 The acceptance of the offer occurs when the data entered by the customer are automatically transmitted to the respective distribution partner and the customer immediately receives a confirmation (lead confirmation) by email. This email contains binding information about the responsible distribution partner as well as their contact details and instructions for the next steps.
4.4 A separate written contract is not concluded. The content of the contract consists of the GTC, the range of services described in the respective completion path, as well as supplementary information linked in the completion path or on the platform (e.g., data protection notices).
5. Customer Obligations
5.1 The customer undertakes to provide truthful and complete information when using the completion paths. In case of false or incomplete information, the obligation of the providers or the distribution partner to perform ceases; leads can be cancelled or withdrawn.
5.2 The customer must ensure that all necessary data protection consent from third parties (e.g., spouse, family members) is obtained when their data is given in the completion path.
5.3 The customer is obliged to retain all received information by email (e.g., advisory documents, data protection notices) and print them out if necessary.
6. Remuneration, Commission Arrangement
6.1 The use of the platform nextsure by the customer is generally free of charge, unless costs for certain additional services (e.g., fee-based consulting products) are expressly stated in the respective completion path.
6.2 The providers receive their remuneration exclusively in the form of commissions, brokerage fees or other compensations paid by the respective distribution partners (licensors, insurers). The customer does not pay any direct fees to iMatch or SCAILE.
6.3 Any checking or processing fees (e.g., for credit inquiries) that may arise are transparently disclosed in the respective completion path.
6.4 Internal distribution agreements of the proceeds between iMatch and SCAILE are not part of this document and are regulated within a separate contractual relationship.
7. Changes in Services, Technical Availability
7.1 The providers reserve the right to change functions and service content of the platform in whole or in part after prior notification, provided the changes are reasonable for the customer and the core purpose (comparison and lead brokerage) is maintained.
7.2 Planned maintenance windows or temporary technical restrictions are announced on nextsure or via email to registered customers. The providers are not liable for short-term technical failures, provided they are due to force majeure, hacker attacks or disruptions at hosting partners.
8. Cancellation Policy
8.1 If the contract with the respective distribution partner is a consumer contract, consumers have a statutory right of withdrawal pursuant to §§ 355 ff. BGB.
8.2 The withdrawal period is usually 14 days from the conclusion of the contract with the distribution partner. Exact details and a model withdrawal form are embedded in the contractual documents valid at the time of the contract conclusion.
8.3 There is no right of withdrawal for purely electronically provided services that have begun with the express consent of the customer and acknowledgment of the loss of the right of withdrawal before the withdrawal period expires (§ 312g Abs. 2 Nr. 9 BGB), for example, if the customer agrees bindingly after receiving the offer documents via digital completion.
9. Liability
9.1 The providers are fully liable according to legal provisions for damages resulting from injury to life, body or health due to an intentional or grossly negligent breach of duty by a representative or vicarious agent.
9.2 For other damages, the providers are liable only in the case of intent and gross negligence.
9.3 In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), the providers' liability is limited to the typical, foreseeable damage under the contract.
9.4 The limitations of liability do not apply to claims under product liability, for fraudulently concealed defects or guarantees as well as for damages resulting from injury to life, body or health.
9.5 Liability under the Product Liability Act (ProdHaftG) remains unaffected.
10. Data Protection
10.1 The providers process the customer's personal data based on the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Detailed information on the scope of data processing, data subjects’ rights, and data transfer to distribution partners are provided in the separate data protection declaration on https://www.nextsure.de/privacy-policy (or corresponding URL).
10.2 By agreeing to submit the data in the completion path, the customer explicitly consents to the transfer of their personal data to the respective distribution partners for the purpose of offer creation, contract execution and processing.
10.3 The providers have appointed a data protection officer.
11. Term and Termination
11.1 Contracts without a fixed term between the customer and the providers can be terminated at any time without notice by the customer discontinuing use of the platform.
11.2 If a contract between the customer and a distribution partner (e.g., insurance contract) is already ongoing, termination is determined according to the general insurance conditions or contractual conditions of the respective distribution partner.
11.3 Extraordinary termination for good cause remains unaffected for both parties. A good cause exists, in particular, if the customer violates essential obligations (e.g., false information, breach of data protection regulations) and does not remedy this breach within a reasonable period after a written warning.
12. Final Provisions
12.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.
12.2 The place of performance and exclusive jurisdiction for all disputes arising from this contractual relationship is Hamburg, as far as legally permissible.
12.3 German law applies, excluding the UN Sales Convention.
12.4 Changes or additions to these GTC must be made in writing. This also applies to waiver of the requirement for written form.
