Terms of Use
General Terms and Conditions (GTC) for the vitaprotector platform
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 UG (limited liability), Jungfrauenthal 8, 20149 Hamburg (hereinafter jointly "providers" or "parties") under the brand vitaprotector.
1.2 Deviating, opposing or supplementary conditions of the user do not become 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 UG 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 process: The technical, interactive online application (form, questionnaire, lead form, etc.) through which the customer inputs data to receive a specific insurance or financing offer or to trigger 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, Subject of the Contract
3.1 The nextsure platform provides the following services in particular:
Display and comparison of thematic insurance products (e.g., liability, motor, household, legal protection) and selected financing offers,
Provision of online completion processes made available by licensed distribution partners (in accordance with § 34d GewO),
Technical implementation and editorial maintenance of the content by SCAILE Technologies UG, as well as hosting and operation of the portals,
Lead mediation to licensed distribution partners, where the specific consultation and contract execution takes 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 mentioned as the editorial service provider in all legal notices.
3.3 The platform itself does not conduct independent insurance or financial consultation; the actual brokerage and consultation are exclusively conducted by the respective licensed distribution partner.
4. Conclusion of Contract
4.1 The insurance and financing offers depicted on nextsure do not represent a binding offer, but rather an invitation for the customer to submit an offer.
4.2 By completing the completion process and clicking on the “Request offer” or “Submit application” button, the customer submits a binding contractual offer to provide lead mediation to a distribution partner.
4.3 Acceptance of the offer occurs when the data entered by the customer is automatically transmitted to the respective distribution partner and the customer immediately receives confirmation (lead confirmation) by email. This email contains binding information about the responsible distribution partner, as well as their contact details and further instructions.
4.4 A separate written contract is not concluded. The contract contents are the GTC, the scope of services described in the respective completion process, and supplementary information linked in the completion process or on the platform (e.g., data protection notices).
5. Customer Obligations
5.1 The customer commits to providing truthful and complete details when using the completion processes. If inaccurate or incomplete details are provided, the obligation of performance by the providers or the distribution partner ceases; leads can be cancelled or withdrawn.
5.2 The customer must ensure to obtain all data protection consents required from third parties (e.g., spouse, family members) if their data is provided in the completion process.
5.3 The customer is obligated to retain all information received via email (e.g., advisory documents, data protection notices) and, if necessary, print them out.
6. Remuneration, Commission Arrangements
6.1 The use of the nextsure platform by the customer is generally free of charge, unless the respective completion process expressly outlines costs for certain additional services (e.g., chargeable advisory products).
6.2 The providers receive their remuneration exclusively in the form of commissions, brokerage fees or other compensations, which are paid by the respective distribution partners (licensors, insurers). The customer does not pay any direct fees to iMatch or SCAILE.
6.3 Any verification or processing fees (e.g., for loan inquiries) will, if incurred, be transparently disclosed in the respective completion process.
6.4 Internal distribution agreements of the revenues between iMatch and SCAILE are not part of this document and are regulated within 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, upon prior notice, provided that the changes are reasonable for the customer and the core purpose (comparison and lead mediation) is maintained.
7.2 Planned maintenance windows or temporary technical restrictions will be announced on vitaprotector or via email to registered customers. Liability of the providers for short-term technical failures is excluded, provided these are due to force majeure, hacker attacks or disruptions at hosting partners.
8. Right of Withdrawal
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 generally 14 days from the conclusion of the contract with the distribution partner. More detailed information and a model withdrawal form are stored in the contractual documents applicable at the time of the contract conclusion.
8.3 There is no right of withdrawal for purely electronic services that begin 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 instance, when the customer agrees bindingly right after receiving the offer documents through digital completion.
9. Liability
9.1 The providers are liable without restriction under the statutory provisions for damages arising from injury to life, body or health, which are based on 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 cases 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.
9.4 The limitations of liability do not apply to claims arising from product liability, from fraudulently concealed defects, or in case of guarantees or 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 personal data of the customer 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 the data subjects, and the data transfer to distribution partners are outlined in the separate data protection declaration at https://www.nextsure.de/privacy-policy (or corresponding URL).
10.2 By agreeing to transmit data in the completion process, the customer expressly agrees that their personal data is transmitted to the respective distribution partners for the purpose of creating offers, executing contracts, 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 ceasing to use the platform.
11.2 If there is already an ongoing contract between the customer and a distribution partner (e.g., insurance contract), termination is determined by the General Insurance Terms or the contractual conditions of the respective distribution partner.
11.3 Extraordinary termination for good cause remains unaffected for both parties. Good cause is particularly present if the customer breaches essential obligations (e.g., false information, breach of data protection laws) and does not rectify this breach within a reasonable period after a written warning.
12. Final Provisions
12.1 If individual provisions of these GTC are or become ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective regulation shall be replaced by an effective one that comes closest to the economic purpose.
12.2 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 shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.4 Changes or additions to these GTC require the written form. This also applies to the waiver of the requirement of written form.
