Terms and Conditions (AGB)
By using the platform on the website Orbit.Eco, users can conduct a non-binding analysis of their properties, locations, areas, and/or real estate online and request additional services, such as the creation of a custom roadmap, quotes, or the application for funding directly from Orbit.Eco. Furthermore, the user has the option to receive brokerage offers through the platform for the implementation of their project from manufacturers, companies, craftsmen, financial service providers, consultants, or other service providers.
1. Definitions and Scope
CITO GmbH, Jungfrauenthal 8, 20149 Hamburg, registered at the Munich District Court under the registration number HRB: 214036 (hereinafter referred to as "Orbit.Eco" or "Operator"), operates the Orbit.Eco online platform available at . "Users" are all individuals, whether consumers or entrepreneurs, who wish to use Orbit.Eco or are already using it, or users or entrepreneurs who engage Orbit.Eco for paid offering, planning, services, or construction services through the platform. These General Terms and Conditions (hereinafter "AGB") apply to all users for the registration on the online platform, for its use, and for all business transactions carried out in connection with the use of the platform between the contracting parties. They also apply to future contracts unless something else is expressly agreed or referenced at the time of contract conclusion. By registering, the user confirms the inclusion of these AGB, which can be accessed at any time via the link. Orbit.Eco does not save the contract text. The language of the contract is German. The terms and conditions of the users do not apply, even if the operator does not separately object to their validity in individual cases. Even if the operator refers to a letter containing the terms and conditions of a user or referring to them, this does not imply consent to the validity of those terms and conditions.
2. Establishment of the User Relationship
2.1. The user relationship between the operator and the user is established with registration or an inquiry from the user on the platform. Registration or inquiry is not required for the solely read access to publicly accessible content or services in the non-registration area.
2.2. Only users who have completed their 18th year can submit an inquiry and create a user account. The user is responsible for protecting their user account from unauthorized access by third parties. If the user wishes to use services such as analysis and quotation creation on the website, they will be asked to enter their details in the respective registration form at the end of the online questionnaire – for example, their name, email address, and phone number. The registration process can only be successfully completed if the required mandatory information is provided. By confirming the entered data, the user makes an offer to enter into a user relationship. The operator accepts the user's offer by sending an email to the user confirming the registration. Upon receipt of this email by the user, the user relationship is deemed established. The receipt of this email is confirmed by the user.
2.3. Registration for a company may only be carried out by a person authorized to represent that company and named as the contact person. The operator may require proof of identity or authorization at any time.
2.4. The conclusion of the user contract and the registration as part of the (automated) current status analysis and the non-binding consultation have – without the use of further (paid) services – no payment or other obligations for the user.
3. Establishment of Paid Contracts
3.1. A contract for the use of paid services, e.g., consulting services or project inquiries, is concluded through separate registration of the user for the respective service or the completion and submission of the order form, and the acceptance of this offer by the operator through the issuance of an electronic order confirmation or implicitly by providing the service. The operator may make the use of paid services contingent upon an identity verification of the user.
3.2. All offers from Orbit.Eco are non-binding and subject to change unless expressly stated otherwise in the specific offer. There is no entitlement to registration or permission to access the registration-required project space ("My Orbit.Eco App"). The operator may at any time impose special registration requirements for individual offers.
4. Services
4.1. Analysis and Quotation
4.1.1. Orbit.Eco offers the possibility to conduct an analysis and create a quotation on its platform. As part of the analysis, the user provides more detailed information based on targeted questions and answer options. The Orbit.Eco technology analyzes the necessary foundations for a project realization based on the user's information, in particular, it automatically calculates the costs, expenses, benefits, and project processes that would arise from potential projects and implementations. Subsequently, Orbit.Eco provides the user with the result of the project that has been automatically calculated based on the entered data after the analysis is completed.
4.1.2. The user may only use the result of the analysis, quotation overviews, or project processes for their own information or to commission Orbit.Eco or an external service provider/contractor referred by Orbit.Eco with the planning and implementation of the planned project. The sharing or dissemination of information to other third parties is prohibited.
4.1.3. Special emphasis is placed on the liability limitation in Section 11.5.
4.2. Planning and Implementation of the Project by Orbit.Eco
4.2.1. Orbit.Eco usually provides the user with an offer after the analysis and/or the user inquiry has been completed.
4.2.2. If the user wishes to accept the offer from Orbit.Eco, they can do so by sending a binding order email or digitally signing the offer.
4.2.3. Billing is done through Orbit.Eco.
4.2.4. Orbit.Eco reserves the right to have its service obligations carried out by a subcontractor.
4.2.5. As part of the consultation, Orbit.Eco may, if necessary, refer the user to additional external service providers who can implement individual or overarching measures. The following regulations apply to the contractual relationship between the user and the external provider (Section 4.3).
4.2.6. If a funding application is not approved, the customer will be refunded the proportionate amount paid for the service "Funding Service." Costs incurred and any payments already made for commissioned and provided additional/separate planning services are not covered by the refund. If the funding is not approved because the customer, manufacturer, or service provider does not meet the funding criteria during the implementation, the entitlement to a refund is voided.
4.3. Implementation by External Service Providers
4.3.1. For planning services and/or the implementation of project proposals for which Orbit.Eco provides an offer, Orbit.Eco reserves the right to provide the user with a list of offers from external service providers/cooperation partners that are in a cooperative relationship with Orbit.Eco and are suitable for implementing the planned project (hereinafter "Externals").
4.3.2. The offers published on the platform are published in the name of the respective External. Orbit.Eco does not verify the accuracy or completeness of the offer information.
4.3.3. If the user chooses a specific External, they can schedule a consultation appointment with the desired External.
4.3.4. Orbit.Eco acts solely as an intermediary in the initiation and execution of contracts between the user and the External and does not become a party to that contract. Success in brokerage is not guaranteed. The commission charged by Orbit.Eco for the brokerage is to be shared between the External and the user. The Externals are neither vicarious nor performing agents of Orbit.Eco. The fulfillment of contracts mediated by Orbit.Eco is the sole responsibility of the mediated contractual partner. The external contractual partner is not subject to any instructions from Orbit.Eco during the performance of the mediated contracts. Orbit.Eco assumes no responsibility for the proper execution of the service provision. Each External operates independently of Orbit.Eco and acts on their own account.
4.3.5. Statements and explanations regarding the platform in advertising materials and on the Orbit.Eco website are understood solely as descriptions of the properties and not as guarantees or assurances of a characteristic. They only constitute guarantees or assurances in the legal sense if they are made in writing and expressly designated as such.
5. User Obligations
5.1. The user assures that the data provided during registration, especially concerning their own person (e.g., real names, company data), is correct, truthful, and up-to-date. The use of pseudonyms, stage names, or misleading information is not permitted. The user will timely and unsolicited inform Orbit.Eco of any changes to their data (in particular, changes of name or ownership, changes in legal form and address) at least in text form (email) and update the platform.
5.2. The user is obliged to keep access data and password secret and securely locked so that third parties cannot gain knowledge of them. They must not enable others to use the platform with their access data. In case of loss of access data, password, or suspicion of unauthorized use, the user must immediately inform the operator. The user is liable for all activities carried out using their user account, including unauthorized activities by third parties, unless they were not at fault for the misuse or did not violate any due diligence obligations.
5.3. Individuals or legal entities that offer or mediate advisory or brokerage services that the operator itself or through third parties already offers or intends to offer may be excluded from the authorized user group. In particular, but not exclusively, these professions include: planning of project and construction endeavors, project and construction applications, financing of projects and construction endeavors, planning consultation, mediation of specialists and planners, implementation of projects and construction endeavors, mediation of contractors for the implementation of projects and construction endeavors. The operator may block user accounts of users who do not belong or no longer belong to the authorized user group at registration or at a later time.
5.4. If the user has concluded a contract with Orbit.Eco and/or an external provider referred by Orbit.Eco for the planning and/or implementation of the project, they are obliged to fulfill their duty to cooperate, especially to promote the planning and implementation of the project through prompt, correct, and truthful information as well as timely scheduling of necessary appointments.
5.5. The user indemnifies the operator, its employees, and other agents from all claims, obligations, and expenses that other users or third parties assert against Orbit.Eco due to infringement of their rights by contents posted by the user on the platform or due to any other wrongful use of the platform by the user. In this case, the user reimburses Orbit.Eco for the costs of necessary legal defense (both judicial and extrajudicial), including all court and attorney fees at statutory rates. This does not apply if the user is not at fault for the infringement. The user is obliged to promptly, truthfully, and comprehensively provide all information and materials that are necessary for the examination of claims and a defense in the event of a claim by third parties. All further rights and claims for damages of the operator and its employees or agents remain unaffected.
5.6. If the user culpably violates obligations arising from the user relationship or legal provisions, the operator is entitled, at its own discretion and taking into account the legitimate interests of the user, to delete the user's unlawful content, temporarily or permanently suspend the user's access to the platform, or permanently delete the user's profile without notice and without providing reasons and excluding the assertion of claims for damages. There is no entitlement to re-registration of the user. The right to extraordinary termination of the user relationship in accordance with Section 9 remains unaffected. The initiation of civil and/or criminal proceedings, in particular the assertion of claims for damages and/or the filing of a criminal complaint, is expressly reserved.
6. Rights of the Operator
6.1. The user grants Orbit.Eco free of charge a non-exclusive, spatially and temporally unlimited, freely transferable right to use and exploit the content provided by the user on the platform (e.g., text and graphic data, planning documents) and other protected content at the time of submission. The right covers all known as well as those types of use that are not yet known at this time.
6.2. The granting of rights to such content posted in the user's profile, especially to photos, graphics, and texts and information posted there, is limited in time to the duration of the user relationship. The granting of rights to all other content that the user has posted, such as contributions and comments, audio or video files, is for an unlimited period. These can be anonymized after the conclusion of the user relationship. The operator is not obliged to delete or anonymize contributions that mention the exited user by name, without being created by them.
6.3. All data arising in connection with services provided by Orbit.Eco or its cooperation partners remain the property of Orbit.Eco or its cooperation partner in accordance with the legal provisions unless a supplementary written agreement has been made regarding the usage, exploitation, and/or ownership rights in individual cases.
6.4. The user grants Orbit.Eco irrevocably and free of charge the unrestricted right to use and exploit ideas, inquiries for service development, feedback, recommendations, or other information provided by the user or third parties in connection with the platform unless the user expressly reserves corresponding rights and this is recognizable for Orbit.Eco.
7. Reviews
7.1. They must be written objectively according to the principle of fairness and may not contain any abusive, derogatory, salacious or sexually influenced, criminally relevant, or otherwise illegal content (e.g., infringing third-party industrial property rights). Factual assertions must correspond to the truth. Duplicate reviews are not permitted.
7.2. Reviews always represent the opinions of the user and do not represent statements from Orbit.Eco. Orbit.Eco does not endorse these statements and assumes no responsibility for them.
7.3. By submitting or otherwise communicating the review, the user grants Orbit.Eco unrestricted spatially and temporally indefinite usage rights to their review text free of charge. Orbit.Eco is entitled to freely dispose of the review, in particular process and use it for further review services, pass it on to third parties, and publish it.
8. Compensation
8.1. If the user, external service providers, or cooperation partners use paid services of the platform, they are obliged to pay the costs incurred. The user, external service providers, or cooperation partners will be informed about the cost obligation at least before the first-time use of the service. If there is an increase in fees during the agreed duration of ongoing obligations, the fee valid from the time of the increase is to be paid. If the user, external service providers, or cooperation partners have made advance payments, the fee may not be increased for the period of the advance payment.
8.2. The payment is made via the respective offered payment methods. The operator reserves the right to exclude individual payment methods (e.g., cash payment). Billing to the user, external service provider, or cooperation partner occurs in electronic form (pdf) via the user account or by email, unless otherwise agreed. Invoicing occurs after the creation and sending of all documents in digital form by CITO GmbH. Invoice amounts are due upon invoicing and payable within 7 calendar days to an account named by Orbit.Eco. The user, external service provider, or cooperation partner is in default upon the expiration of this period. The user must raise objections to the amount of invoiced fees regularly within one month after receiving the contested invoice or after the deduction of contested costs in writing. The claim for reimbursement expires after the expiration of this period.
8.3. Orbit.Eco is entitled to request a reasonable upfront payment from the user, external service provider, or cooperation partner before the provision of services.
8.4. For additional, change or repeat services, the contracting parties shall agree on a supplementary fee of €130/hour plus statutory VAT.
8.5. If it becomes apparent during the planning and/or implementation of the project that the scope of services significantly exceeds the originally calculated scope of services, particularly in the case of change services where Orbit.Eco must practically start the planning anew and a new intellectual service is to be provided, which is not already included in the proper fulfillment of service obligations, Orbit.Eco is entitled to an additional fee claim.
8.6. Fees for Externals are settled directly with them. Orbit.Eco is neither responsible for the collection nor the acceptance of any payments for Externals.
9. Contract Duration, Early Termination of the Contract, Withdrawal
9.1. User Contract/ Contract Duration
9.1.1. The user contract for the use of the platform begins with the first registration of the user on the Orbit.Eco platform and is concluded for an indefinite period.
9.1.2. The user contract can be terminated at any time without stating reasons with immediate effect. This does not affect the right of the parties to terminate the contractual relationship by extraordinary termination for good cause. A significant reason exists, in particular, if the terminating party cannot be expected to continue the user relationship considering all circumstances of the individual case and weighing the mutual interests up to the end of the contractual term. The right to extraordinary termination without prior warning exists particularly if the user violates the obligations according to Section 4.
9.1.3 Termination of the user contract does not affect any contracts concluded between the user and Orbit.Eco or contracts mediated by Orbit.Eco between the user and Externals.
9.1.4. Terminations must be made in text form.
9.1.5. Upon termination of the user relationship, the user account and profile of the user, including all information stored there (e.g., personal messages, profile information, image files), will be deleted, as long as and for as long as the operator is not legally required to retain this data. Data collected in connection with already provided paid or free services of the operator or its cooperation partners will only be deleted after the expiration of statutory limitation periods. The user has no entitlement to the return or other granting of contents submitted by them.
9.2. Early Termination of the Contract
9.2.1. If the user, external service provider, or cooperation partner terminates the contract, Orbit.Eco is entitled to the agreed compensation for the services ordered up to that point, accounting for what Orbit.Eco has saved in expenses due to the termination of the contract or maliciously failed to acquire or use the labor elsewhere.
9.2.2. If a suitable on-site appointment cannot be found within 180 days after the conclusion of the contract, although Orbit.Eco, external service providers, or cooperation partners have offered possible dates, 60% of the agreed fee must be paid.
9.2.3. A significant reason for termination exists for the user especially when
– the trust relationship between the parties is significantly disturbed due to circumstances occurring after the conclusion of the contract or other circumstances exist under which the user can no longer be expected to adhere to the contract;
– Orbit.Eco has ceased its payments, has filed for bankruptcy over its assets or its ability to perform is impaired for other reasons to such an extent that confidence in its ability to fulfill the contract is no longer justified.
9.2.4. A significant reason for termination by Orbit.Eco exists particularly if
– the user fails to fulfill a duty owed to it and thereby significantly impedes Orbit.Eco in performing its service contractually;
– the user defaults on a due payment or otherwise fails to comply with a significant contractual obligation;
– the trust relationship between the parties is significantly disturbed for other reasons arising after the conclusion of the contract, so that Orbit.Eco can no longer be expected to adhere to the contract.
– Orbit.Eco and/or the user are hindered for a period of more than two months by unforeseen circumstances (force majeure) from continuing the project processing/realization (this includes, for example, not having access to one or more of the necessary public permits for the project, a court prohibition against continuing the work, etc.).
9.2.5. Terminations must be in writing.
9.2.6. If this contract is terminated by the user for good cause, Orbit.Eco, external service provider, or cooperation partner is entitled to a fee only for the services provided up to the termination, which are free of defects, usable, and self-contained (§ 648a BGB).
9.3. Withdrawal
9.3.1. Orbit.Eco has the right to withdraw from the contract with the user, external service provider, or cooperation partner if
– circumstances arise that were not recognizable at the time the contract was concluded or occur between the conclusion and fulfillment of the contract, which justify a withdrawal considering Orbit.Eco's legitimate interest, e.g., force majeure, COVID-19 pandemic, payment defaults, insufficient performance, strikes, and natural disasters.
– Orbit.Eco unexpectedly does not have sufficient capacity to fulfill the contractual services or the agreed deadlines. In this case, Orbit.Eco must inform the user immediately and refund any counter-performance received from the user.
10. Acceptance
In the case of staged commissioning, Orbit.Eco has a claim for formal acceptance after the completion of each commissioning stage. If Orbit.Eco is commissioned with services of further commissioning stages, the acceptance of the previous commissioning stage is considered partial acceptance. Furthermore, the contractor has the legal right under Section 650s BGB to formal partial acceptance after the acceptance of the last service to be provided for the project.
11. Warranty and Liability
11.1. Warranty and claims for damages of the user are governed by the statutory provisions.
11.2. Orbit.Eco assumes no liability for the correctness, currentness, and completeness of the content (from website, platform, offers, project processes) provided by the user documents and data. If external service providers, cooperation partners, and/or specialists have been or will be engaged by the user to supplement Orbit.Eco's services, Orbit.Eco is not responsible for their services.
11.3. Orbit.Eco is not liable for the performance of services mediated between the user and an External (external service providers or cooperation partners).
11.4. Orbit.Eco endeavors to offer uninterrupted operation of the platform on a permanent basis. This naturally is limited to services that Orbit.Eco has influence over. The user, external service providers, or cooperation partners acknowledge that a complete, faultless availability of the platform is technically unfeasible. Orbit.Eco reserves the right to restrict access to the platform at its discretion, particularly due to maintenance work, capacity issues, and due to other events, entirely or partially, temporarily or permanently.
11.5. Orbit.Eco, as well as its legal representatives and agents, are liable without limitation for intent and gross negligence, in case of assumption of a guarantee, for damages arising from injury to life, body, and health.
For other damages (property and pecuniary damages), liability for free services, particularly the provision of information or documents, is excluded for material and legal defects. The operator is not liable for completeness, suitability for a particular purpose, currentness, and accuracy of research results, automated processes, or other information.
11.6. The liability exclusions or limitations also apply in favor of the legal representatives and agents of the operator if claims are asserted directly against them and correspondingly for claims against companies associated with Orbit.Eco and cooperation partners, as well as their legal representatives and other agents.
11.7. The provisions of the Product Liability Act remain unaffected.
12. Assignment and Set-Off
The assignment of claims by the user is only permitted with prior written consent of the operator. The right to set-off is only available to the user to the extent that their counterclaim is legally established or undisputed. The right of retention, particularly the plea of non-performance of the contract, remains unaffected.
13. Right of Withdrawal
If the user, external service providers, or cooperation partners conclude a contract with Orbit.Eco for a purpose that cannot be attributed to their commercial or independent professional activity, the following provisions apply for the user as a consumer (§ 13 BGB):
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day of the conclusion of the contract. It does not begin until you have received this instruction in text form.
To exercise your right of withdrawal, you must inform us
CITO GmbH, Orbit.Eco
Jungfrauenthal 8
20149 Hamburg
Email Address:
by means of a clear statement (e.g., letter, fax, or email) about your decision to withdraw from this contract. To maintain the withdrawal period, it is sufficient to send the declaration regarding the exercise of the right of withdrawal before the withdrawal period expires. You may use the sample withdrawal form [LINK], but it is not mandatory.
Consequences of Withdrawal
If you withdraw from this contract, we must reimburse you for all payments received from you without delay. You must return to us all services you have received from us until the withdrawal. If the return of a service is excluded due to its nature, materials used, products cannot be removed without destruction, or services cannot be reversed without effort/costs, you must pay compensation for value.
Special Note on Early Expiration of the Right of Withdrawal
The right of withdrawal expires in the case of a contract for the provision of services if the service has been fully rendered and the execution of the service has commenced only after the consumer has given his explicit consent and simultaneously confirmed to be aware that he loses his right of withdrawal upon complete performance of the contract by the entrepreneur.
14. Data Protection
14.1. The privacy policy of Orbit.Eco applies to data protection, which is provided to the user in text form upon registration and is accessible at any time in its current version under .
14.2. The user gives their consent before the analysis and quotation creation takes place that Orbit.Eco may fully use the data transmitted by them, in particular, to propose offers to the user, including from Externals, or to use the data in other ways, for example, by transmitting them to third parties, such as advertising partners.
15. Alternative Dispute Resolution
15.1. Orbit.Eco does not participate in any dispute resolution procedure and is not obliged to do so.
15.2. The European Commission provides a platform for online dispute resolution, which can be found at . Orbit.Eco is not obliged to participate in dispute resolution procedures before a consumer arbitration board and also does not voluntarily participate in them.
16. Final Provisions
16.1. Changes or additions to these terms and conditions require text form to be effective. Orbit.Eco reserves the right to change the terms and conditions with effect for the future at any time. Orbit.Eco will inform the user, external service provider, or cooperation partner of any changes to these terms and conditions at least in text form in advance. If the user does not object to the change in text form (e.g., by email) within at least 4 weeks after announcement of the change, this is considered acceptance of the change; Orbit.Eco will point this out in the change notifications.
16.2. The law of the Federal Republic of Germany applies.
16.3. In business transactions with merchants engaged in a commercial trade or with natural or legal persons who are equated with such merchants by registration in the commercial register or by law, the court of jurisdiction for disputes arising from this contract, regardless of the legal reason, is Hamburg.
16.4. Should agreements made in this contract be wholly or partially lacking legal effectiveness or not be carried out, the validity of the remaining content of the contract shall not be affected thereby. In this case, an invalid or ineffective condition is replaced by one that comes closest to the intent of the contracting parties.
As of September 2024.
