AGB - General Terms and Conditions
General Terms and Conditions (GTC) for the platform nextsure
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts and services provided via the online platform nextsure (hereinafter "platform" or "nextsure"). The providing parties are iMatch GmbH, Großer Burstah 50–52, 20457 Hamburg, and SCAILE Technologies UG, Jungfrauenthal 8, 20149 Hamburg (hereinafter jointly referred to as "providers" or "parties") under the brand name nextsure.
1.2 Deviating, conflicting or supplementary conditions of the user do not become part of the contract, unless the providers have explicitly agreed to their applicability in writing.
2. Definitions
2.1 nextsure: Joint brand and platform of iMatch GmbH and SCAILE Technologies UG for the digital brokerage of insurance and (limited) financing products.
2.2 Sales partner: A licensed third party (e.g., insurance company, insurance broker or agent) that offers insurance or financial products via the platform.
2.3 Application Process: The technical, interactive online tool (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 sales partner with the intention of concluding a contract.
3. Scope of Services, Subject Matter of the Contract
3.1 The platform nextsure provides the following services in particular:
Display and comparison of theme-specific insurance products (e.g., liability, motor vehicle, household, legal protection) and selected financing offers,
Provision of online application processes provided by licensed sales partners (according to § 34d GewO),
Technical implementation and editorial maintenance of content by SCAILE Technologies UG as well as hosting and operation of the portals,
Lead referral to licensed sales partners, where detailed advice and contract execution take place.
3.2 iMatch GmbH acts as a registered multi-broker (§ 34d GewO) and as a service provider in the imprint towards end customers, while SCAILE Technologies UG is mentioned as an editorial service provider in all impressums.
3.3 The platform itself does not perform any independent insurance or finance advice; the actual brokerage and advice are exclusively carried out by the respective licensed sales partner.
4. Conclusion of Contract
4.1 The insurance and financing offers presented on nextsure do not constitute a binding offer but an invitation to the customer to make an offer.
4.2 By completing the application process and clicking the button "Request Offer" or "Submit Application," the customer makes a binding contract offer to provide lead mediation to a sales partner.
4.3 The acceptance of the offer occurs by automatically transmitting the data provided by the customer to the respective sales partner, and the customer promptly receives a confirmation (lead confirmation) by email. This email contains binding information about the responsible sales partner, their contact details, and guidance on the further process.
4.4 A separate written contract is not concluded. The content of the contract comprises the GTC, the scope of services described in the respective application process, and supplementary information linked in the application process or on the platform (e.g., data protection notices).
5. Customer Obligations
5.1 The customer is obliged to provide truthful and complete information when using the application processes. In case of incorrect or incomplete information, the providers' or sales partner's obligation to perform ceases to exist; leads can be cancelled or withdrawn.
5.2 The customer must ensure that all legally required consents of third parties (e.g., spouses, family members) are obtained if their data is provided in the application process.
5.3 The customer is obliged to retain all information received by email (e.g., advisory documents, data protection notices) and print them if necessary.
6. Remuneration, Commission Policy
6.1 The use of the platform nextsure by the customer is generally free of charge unless costs for certain additional services (e.g., paid advisory products) are explicitly stated in the respective application process.
6.2 The providers receive their remuneration exclusively in the form of commissions, brokerage fees or other compensations paid by the respective sales partners (licensors, insurers). The customer does not pay any direct fees to iMatch or SCAILE.
6.3 Any examination or processing fees (e.g., for credit inquiries) are disclosed transparently in the respective application process, should they arise.
6.4 Internal distribution agreements of the proceeds between iMatch and SCAILE are not part of this document and are regulated within the framework of a separate contractual relationship.
7. Service Changes, Technical Availability
7.1 The providers reserve the right to change functions and service contents of the platform in whole or in part after prior announcement, provided the changes are reasonable for the customer and the core purpose (comparison and lead referral) remains intact.
7.2 Planned maintenance windows or temporary technical restrictions are announced on nextsure or by email to registered customers. The providers' liability for short-term technical failures is excluded if they are due to force majeure, hacker attacks, or disruptions at hosting partners.
8. Right of Withdrawal
8.1 Insofar as the contract with the respective sales partner is a consumer contract, consumers are entitled to a statutory right of withdrawal in accordance with §§ 355 et seq. BGB.
8.2 The withdrawal period is generally 14 days from the conclusion of the contract with the sales partner. Further information and a sample withdrawal form are stored in the contractual documents of the sales partner valid at the time of 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, when the customer gives binding consent immediately after receiving the offer documents through a digital conclusion.
9. Liability
9.1 The providers are fully liable under statutory provisions for damages arising from injury to life, body or health based on an intentional or grossly negligent breach of duty by a representative or vicarious agent.
9.2 For other damages, the providers are only liable in cases of intent and gross negligence.
9.3 In case of slightly negligent breach of essential contractual obligations (cardinal obligations), the providers' liability is limited to the typical, foreseeable damage for the contract.
9.4 The liability limitations do not apply to claims arising from product liability, fraudulently concealed defects, or guarantees, nor for damages arising 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). More detailed information about the scope of data processing, the rights of data subjects, and the transmission of data to sales partners can be found in the separate privacy policy on https://www.nextsure.de/privacy-policy (or the corresponding URL).
10.2 By agreeing to transmit data in the application process, the customer explicitly consents to their personal data being transmitted to the respective sales partners for the purpose of offer creation, contract execution, and processing.
10.3 The providers have appointed a data protection officer.
11. Duration 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 the use of the platform.
11.2 If there is already an ongoing contract between the customer and a sales partner (e.g., insurance contract), the termination is determined according to the general insurance conditions or the terms and conditions of the respective sales partner.
11.3 Extraordinary termination for a good cause remains unaffected for both parties. A good cause exists in particular if the customer violates essential obligations (e.g., false information, violation of data protection regulations) and does not remedy this breach within a reasonable period after a written notice.
12. Final Provisions
12.1 If any individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid regulation is to be replaced by a valid one that comes closest to the economic purpose.
12.2 The place of performance and exclusive place of jurisdiction for all disputes arising from this contractual relationship is, as far as legally permissible, Hamburg.
12.3 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.4 Amendments or supplements to these GTC must be made in writing. This also applies to waiving the requirement for the written form.
