Terms and Conditions (T&C)

These Terms and Conditions (hereinafter 'T&C') apply to all contractual relationships between Bence Bendegúz Szilasi (trading under the name IceShark Immobilien, hereinafter 'Provider' or 'IceShark Immobilien') and you as a user (hereinafter 'Customer' or 'You') in connection with the use of the web-based software for calculating and analyzing real estate investments. These T&C apply to all persons who conclude memberships (Basic or Plus) via the IceShark Immobilien platform. They apply exclusively to customers who are residents of Switzerland. By registering, you confirm your residency in Switzerland.

These T&C apply to all services provided by the Provider via the platform, including access to the software, calculation functions, and portfolio analyses. Deviating, conflicting, or supplementary Terms and Conditions of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in writing.

Contractual partner is: Bence Bendegúz Szilasi, c/o F2BII E-Commerce#233, Hintergoldingerstrasse 30, 8638 Goldingen, Switzerland, Email: IceShark Immobilien@IceShark Immobilien.ch. These T&C exclusively regulate the legal relationship between you and the Provider. Third parties (such as other users or external service providers) do not acquire any rights from these T&C.

IceShark Immobilien provides web-based software for calculating and analyzing real estate investments in Switzerland. The available membership plans include Basic Membership with a cashflow calculator for a single property and Plus Membership with a cashflow calculator for up to 10 managed properties and portfolio analysis.

The Cashflow Calculator takes into account purchase ancillary costs, reserves, relevant taxes, property purchase price, renovation before first rental, relevant financing aspects, rental income, and operating costs, and provides an indication of expected cashflow, wealth accumulation, and key return metrics. The Portfolio Analysis (available exclusively in the Plus plan) summarizes the key metrics of properties in the portfolio, including return, cashflow, wealth accumulation, and annual reserves.

The presentation of membership plans and services on the IceShark Immobilien website does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer by the customer. By selecting a membership plan and initiating the payment process, you submit a binding offer to conclude a subscription contract.

The contract between you and IceShark Immobilien is concluded as soon as payment is initiated by you and confirmed by our payment service provider Stripe. The payment confirmation constitutes IceShark Immobilien's acceptance of your offer. Upon contract conclusion, you accept these Terms and Conditions in the version valid at the time of contract conclusion.

IceShark Immobilien reserves the right to reject offers in exceptional cases, particularly in case of suspected misuse, technical disruptions, or violations of these T&C. In such cases, payment will not be confirmed and no contract will be formed.

Access to the platform is via email address and password. The website is exclusively accessible to customers who are residents of Switzerland. By registering, you confirm that you are a resident of Switzerland.

You are obligated to provide correct billing information and keep it up to date, keep your access credentials confidential and not share them with third parties, and use the platform exclusively for your own legal purposes. Sharing accounts with third parties is prohibited. In case of violations of these terms of use, particularly unauthorized sharing of access credentials, IceShark Immobilien is entitled to block the account without refund or to terminate the subscription extraordinarily.

All stated prices are gross prices in Swiss Francs (CHF). Statutory value-added tax is, where applicable and shown, included in the price. Billing is exclusively in CHF.

The displayed prices apply to the respective selected billing period (monthly or annually). IceShark Immobilien reserves the right to adjust prices for future billing periods. In case of price changes, you will be informed at your next login and must actively accept the new prices. The new prices will only take effect from the next billing period. The prices already agreed upon apply to the current billing period. If you do not accept the price change, your subscription will be automatically deactivated at the end of the current billing period. You can cancel your subscription at any time to the end of the current billing period.

IceShark Immobilien does not charge additional transaction fees. All applicable payment processing fees are already included in the stated price. However, fees from your bank or payment service provider may apply, over which IceShark Immobilien has no control.

Available payment methods include credit card, Google Pay, Apple Pay, and PayPal via our payment service provider Stripe. Payments are due in advance for the respective billing period (monthly or annually). Payment occurs automatically and recurrently until subscription cancellation. IceShark Immobilien does not store any payment information. All payment data is processed exclusively by Stripe.

In case of payment default or failed payment, access to the platform's functions will be immediately suspended until the outstanding payment has been fully settled. IceShark Immobilien is entitled to charge default interest at a rate of 5 percent per year as well as reminder fees in case of payment default. The reminder fees amount to CHF 20.- for the first reminder and CHF 40.- for the second reminder. After the second reminder, IceShark Immobilien reserves the right to terminate the subscription extraordinarily and to pursue outstanding amounts through debt collection proceedings.

Subscriptions are concluded for the selected term (monthly or annually) and renew automatically for the same period unless canceled in due time. The subscription can be canceled at any time to the end of the current billing period. After cancellation, no new billing period starts and no further charges are made to your account. Upon cancellation, no pro-rata refund is made for the current billing period.

For an upgrade (switch to a higher-priced plan), the upgrade takes effect immediately upon confirmation. Payment occurs immediately upon confirmation. Remaining time from the old subscription is credited toward this payment. The billing period of the new subscription starts from scratch.

For a downgrade (switch to a lower-priced plan), the downgrade takes effect only at the end of the current billing period. The current subscription continues until the end of its billing period without refund. At the end of the billing period, the new subscription is activated and your account is charged with the new price.

To determine whether a change constitutes an upgrade or downgrade, the price of the respective billing periods is compared, regardless of whether these periods are of different lengths. Example: A change from a monthly subscription at CHF 50 per month to an annual subscription at CHF 300 per year is considered an upgrade, as the period price is higher (CHF 300 > CHF 50). A change from an annual subscription at CHF 300 per year to a monthly subscription at CHF 50 per month is considered a downgrade, as the period price is lower (CHF 50 < CHF 300).

Upon deletion of your account, the subscription is terminated immediately. No refund is made for the current billing period. All your data will be deleted in accordance with our Privacy Policy.

Invoice-relevant data and documents will be retained to fulfill statutory retention obligations for the periods prescribed by Swiss law. This retention is exclusively for accounting and tax purposes.

For digital products, access to online tools, and memberships, there is no statutory right of withdrawal in Switzerland. IceShark Immobilien furthermore does not grant any voluntary right of withdrawal, return right, or exchange right. Upon payment confirmation and immediate access to the platform, any right of withdrawal is extinguished.

No refunds are made, neither upon cancellation, account deletion, nor subscription changes. This applies regardless of whether and to what extent the platform was actually used. In case of early cancellation or account deletion, the payment obligation for the entire current billing period remains in effect.

The calculation functions provided serve exclusively as non-binding orientation aids and do not replace individual tax, legal, or financial advice from qualified professionals. IceShark Immobilien assumes no guarantee for the accuracy, completeness, timeliness, or suitability of calculation results for specific investment decisions. The results of the cashflow calculator are to be understood as rough indications and may deviate significantly from the actual economic situation due to simplified assumptions, incorrect user inputs, or changing legal frameworks. In particular, the following factors may lead to deviations: changes in tax law such as imputed rental value, maintenance deductions, or mortgage interest deductions, fluctuations in mortgage interest rates, unforeseen maintenance costs, rental losses or vacancies, changes in property ancillary costs, as well as incorrect or incomplete user inputs. The user bears sole responsibility for verifying the plausibility of calculation results, for the accuracy and completeness of their inputs, and for all investment or financing decisions made based on the calculations. IceShark Immobilien is not liable for damages resulting from the use of incorrect, incomplete, or outdated data.

You assume full responsibility for your inputs and for the plausibility check of the results. IceShark Immobilien is not liable for investment decisions made based on calculator results.

To the extent legally permissible, IceShark Immobilien is liable only for damages resulting from intentional or grossly negligent conduct. For slight negligence, liability is excluded, except in case of breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage and amounts to a maximum of the amount you paid to IceShark Immobilien in the twelve months prior to the damaging event. Indirect damages and consequential damages, in particular lost profits, lost savings, data loss, or other indirect damages, are excluded. These limitations of liability do not apply to claims arising from product liability, personal injuries (injury to life, body, or health), and other mandatory statutory liability provisions.

IceShark Immobilien assumes no liability whatsoever for content, services, products, or services of external websites, platforms, or third-party providers that are referenced or linked from this platform or integrated into the platform. This applies in particular to external payment service providers (such as Stripe), external data sources, linked websites, embedded content, third-party APIs, and other external services. The respective operators are solely responsible for the content, availability, legality, data protection practices, and functionality of external offerings.

IceShark Immobilien does not continuously review external content and links for legal violations, timeliness, or accuracy. Should you encounter illegal or problematic external content, please notify us immediately. IceShark Immobilien will remove corresponding links or integrations immediately upon becoming aware. Liability for damages arising from the use or unavailability of external offerings is completely excluded to the extent legally permissible.

The customer indemnifies IceShark Immobilien from all third-party claims arising from the use of calculation results provided by IceShark Immobilien, from incorrect or incomplete input by the customer, or from investment decisions made based on the platform. This indemnification also includes the costs of reasonable legal defense.

IceShark Immobilien provides digital services with reasonable care. No guarantee is given for the accuracy, completeness, and timeliness of the results provided by the calculator. Defects must be reported in writing (via email to the contact address stated in the imprint) within 30 days of discovery. Omitted or late notifications may limit warranty claims.

For justified defect notifications, your primary claim is for rectification through remediation of the defect (for example, through software updates, bug fixes, or technical adjustments). IceShark Immobilien will endeavor to remedy reported defects within a reasonable period. A claim for price reduction or rescission (unwinding of the contract with refund) for digital services exists only if remediation fails or is unreasonable.

Warranty claims are excluded for defects resulting from improper use, unauthorized modification of the software, use of incompatible systems, or force majeure. Warranty claims expire 12 months from the beginning of the respective billing period in which the defect occurred, to the extent legally permissible.

In case of events beyond IceShark Immobilien's reasonable control (e.g., war, terrorism, natural disasters, third-party operational disruptions, payment service provider failures, hacker attacks, power outages, internet outages), mutual obligations are suspended. Claims for damages due to such events are excluded.

IceShark Immobilien strives for high platform availability. However, there is no entitlement to uninterrupted operation. Maintenance work will be announced in advance whenever possible. In case of unplanned outages, remedial measures are taken to the best of our ability. Entitlement to Service Level Agreements (SLA) exists only with separate written agreement.

IceShark Immobilien reserves the right to temporarily or permanently suspend access in case of payment default or violations of these T&C. Damages resulting from this are not to be compensated by IceShark Immobilien. No refund of already paid amounts is made.

All rights to the code, calculation logic, content, designs, and other materials of the platform belong to IceShark Immobilien or its licensors. By concluding a subscription, you receive a non-exclusive, non-transferable, term-limited usage right for personal use of the platform. Any use beyond this, in particular distribution, reproduction, or commercial exploitation, is prohibited.

Information on the collection, processing, and use of your personal data can be found in our Privacy Policy.

IceShark Immobilien reserves the right to change these T&C at any time. Changes will be communicated to you at least 30 days before taking effect via email and displayed at your next login. The amended T&C must be actively accepted by you. If you do not agree with the changes, you have an extraordinary right of termination until the changes take effect.

For all legal relationships between you and IceShark Immobilien, exclusively Swiss law applies, without reference to other legal systems. In particular, the conflict of laws rules of international private law shall not be applied. Mandatory statutory consumer protection provisions remain unaffected.

The place of jurisdiction for all disputes arising from or in connection with these T&C is St. Gallen, Switzerland. Mandatory statutory provisions regarding jurisdiction, particularly in consumer contracts, remain reserved.

Should individual provisions of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid provision.

Contact details and further information about the provider can be found in our Imprint.

These Terms and Conditions are provided in German and English. In case of deviations, contradictions, or interpretation questions between the German and English versions, exclusively the German version shall be legally binding and authoritative. The English translation serves for informational purposes only.

IceShark Immobilien does not provide investment advice, asset management, financial services within the meaning of the Financial Services Act (FIDLEG), or tax advice. The platform serves exclusively for independent calculation and informational purposes. IceShark Immobilien is not licensed by FINMA and does not replace professional advice from licensed financial advisors, asset managers, or tax advisors.

The calculations and results provided do not replace individual tax advice. IceShark Immobilien assumes no liability for tax assessments, fines, interest, or other financial consequences arising from the use of calculation results for tax returns, official purposes, or investment decisions. For legally binding questions regarding taxes, investments, or financial planning, consult a licensed professional advisor.

All sample calculations, demonstrations, and return metrics displayed on the website are based on hypothetical assumptions and do not constitute a guarantee for actual returns, cash flows, or investment success. Past examples or historical data are no guarantee for future results. All investment decisions are made at your own risk.

IceShark Immobilien uses the following sub-processors to provide services: Stripe Inc. for payment processing (server location: EU/Switzerland, privacy policy: https://stripe.com/privacy), and cloud hosting service providers with server locations in Switzerland or the EU. All sub-processors process personal data exclusively in accordance with the requirements of the Swiss Data Protection Act (DSG) and the General Data Protection Regulation (GDPR).

A complete and current list of all sub-processors and their data protection practices can be found in our Privacy Policy.

For the processing of personal data on behalf, the EU Commission's Standard Contractual Clauses and the provisions of the Swiss Data Protection Act (DSG) apply. Business customers (B2B) can request a Data Processing Addendum (DPA) for order processing at the contact address stated in the imprint.

In the event of a data breach, IceShark Immobilien will inform you immediately in accordance with the legal requirements of the DSG (Art. 24 nDSG) and take appropriate measures to mitigate damage. In case of serious data breaches, IceShark Immobilien will also inform the competent supervisory authorities (Federal Data Protection and Information Commissioner FDPIC) without delay.

It is prohibited to decompile, disassemble, reverse engineer, or otherwise extract or reproduce the source code of the software, calculation logic, or other parts of the platform. The use of automated tools (e.g., scrapers, bots, crawlers) to extract data or functionalities is also prohibited.

Violations of this prohibition entitle IceShark Immobilien to immediately block your account, extraordinarily terminate the subscription without refund, and assert claims for damages and injunctive relief. IceShark Immobilien reserves the right to take legal action in case of serious violations.

You retain all rights to the data you enter (e.g., property data, financial data, personal inputs). However, IceShark Immobilien obtains the right to use anonymized and aggregated data for statistical evaluations, product improvements, benchmarks, and market analyses. Anonymized data contains no personal information and cannot be traced back to individual users.

Features labeled as 'Beta', 'Alpha', 'Experimental', 'Preview', or similar are under development and are provided without any warranty or guarantee. These features may contain errors, bugs, or incomplete implementations and may not be suitable for productive use.

IceShark Immobilien assumes no liability for beta features regarding errors, failures, data loss, inaccurate calculations, or other damages arising from their use. The use of beta features is entirely at your own risk. IceShark Immobilien reserves the right to change, restrict, or completely remove beta features at any time without prior notice.

All payments are processed through the third-party provider Stripe. IceShark Immobilien has no access to your complete payment information (credit card numbers, bank details). In case of technical problems, failures, or disruptions of the payment service provider Stripe, there is no claim for damages for delayed, failed, or duplicate payments. The customer is obligated to use alternative payment methods in case of payment problems or to repeat the payment at a later time.

All prices are displayed and billed in Swiss Francs (CHF). For payments with credit cards or payment methods in currencies other than CHF, exchange rate fees, conversion differences, and foreign transaction fees may apply, which are charged by your payment service provider, your bank, or Stripe. IceShark Immobilien has no influence on these fees and exchange rates and assumes no liability for unfavorable exchange rates, exchange rate fluctuations, or additional fees.

The subscription renews automatically at the end of the respective billing period unless canceled in due time. You will not receive a separate reminder email before automatic renewal and charging of your account. It is your responsibility to monitor renewal dates and payment dates and to cancel the subscription in due time if you do not wish for a renewal.

These Terms and Conditions, the Privacy Policy, and the price list published on the website constitute the entire agreement between you and IceShark Immobilien. No oral side agreements, assurances, or arrangements exist. Changes or additions to these T&C require written form (email suffices). Statements by customer support or other employees are not binding unless made in writing by an authorized representative of IceShark Immobilien.

IceShark Immobilien is entitled to transfer rights and obligations from this contract to third parties, particularly in case of a company sale, merger, restructuring, or spin-off of business units. You will be informed of such a transfer in due time. The customer cannot transfer their rights and obligations from this contract to third parties without prior written consent from IceShark Immobilien.

Failure to assert or delayed assertion of a right by IceShark Immobilien does not constitute a waiver of that right. IceShark Immobilien can assert rights at a later time. A one-time goodwill arrangement does not establish a claim for future similar treatment and does not constitute a precedent.