Terms of Service
Version 1.0
1. Scope and Definitions
1.1 Scope
These Terms of Service ("Terms") govern the contractual relationship between:
Ilya Baskakov (Operating as: Eigentum²) Von-Müller-Straße 15a 82467 Garmisch-Partenkirchen, Germany
VAT ID (USt-IdNr.): DE356119638
Email: support@dein-eigentum.de Phone: +49 176 26554582
(hereinafter "we," "us," "Eigentum²" or "Provider")
and the user of the Eigentum² platform (hereinafter "you," "User," or "Customer").
These Terms apply to all services provided through the Eigentum² platform, accessible at https://dein-eigentum.de and any associated subdomains or applications.
1.2 Definitions
- Platform: The Eigentum² web application and all associated services, APIs, and interfaces.
- Account: The personal user account created upon registration.
- Content: Any data, text, files, images, documents, or other materials uploaded, entered, or created by the User on the Platform.
- Subscription: A paid plan granting access to premium features of the Platform.
- Consumer: A natural person concluding a contract for purposes predominantly outside their trade, business, or profession (§ 13 BGB).
- Entrepreneur: A natural or legal person acting in the exercise of their trade, business, or profession (§ 14 BGB).
- Text Form: Any readable declaration on a durable medium that names the declaring person (§ 126b BGB), including email.
1.3 Applicability
These Terms apply exclusively. Deviating, conflicting, or supplementary terms of the Customer shall not become part of the contract, even if we do not expressly object to them, unless we have expressly agreed to their applicability in writing.
Individual agreements made with the Customer in specific cases (including side agreements, supplements, and amendments) shall in all cases take precedence over these Terms (§ 305b BGB).
2. Service Description
2.1 Platform Overview
Eigentum² is a cloud-based property management platform that enables Users to:
- Manage real estate properties, including residential, commercial, and mixed-use
- Track and manage lease contracts, tenants, and contacts
- Record and monitor rent payments, operating costs, and financial transactions
- Manage security deposits and loan/mortgage information
- Store and organise property documents and images
- Share property information with designated third parties
- Facilitate ownership transfers
- Obtain AI-powered property valuations (informational estimates only)
- Manage organisations with role-based access for team members
2.2 Service Tiers
The Platform is offered in different service tiers (e.g., Basic, Premium, Enterprise), each with a defined scope of features. The specific features included in each tier are described on our pricing page at https://dein-eigentum.de/pricing. We may also offer a free tier with limited functionality.
2.3 No Legal, Tax, or Financial Advice
The Platform is a management tool. It does not constitute and must not be relied upon as legal, tax, financial, or investment advice. AI-generated property valuations are informational estimates only and must not be used as the sole basis for any financial, legal, or investment decision. We recommend consulting qualified professionals for such matters.
2.4 Modifications to the Service
We reserve the right to modify, enhance, or discontinue individual features of the Platform, provided that the core functionality of the subscribed service tier is not materially diminished. We will notify Users of material changes in advance (see Section 15). If a modification negatively impacts your use in a manner that is more than minor, you have the right to terminate the contract free of charge within 30 days of notification, in accordance with Directive 2019/770 (EU Digital Content Directive).
3. Contract Formation and Registration
3.1 Registration
To use the Platform, you must create an Account by providing your email address, first name, last name, and a password, or by authenticating via Google OAuth. By completing the registration process, you submit an offer to enter into a contract with us.
3.2 Contract Conclusion
The contract is concluded when we confirm your registration by activating your Account. For paid Subscriptions, the contract for the paid services is concluded when you complete the order process by clicking the button labelled "Order with payment obligation" (or equivalent clear wording per § 312j(3) BGB) and we confirm the order.
3.3 Pre-Contractual Information
Before you complete your order, we will present you with a clear summary of:
- The essential characteristics of the service
- The total price including all taxes
- The contract duration and conditions for termination
- Where applicable, the conditions for exercising the right of withdrawal
3.4 Contract Text
We do not store the contract text after contract conclusion beyond what is necessary for the performance of the contract. You can print or save these Terms at any time from our website. Your registration details and order confirmation are sent to you by email.
3.5 Eligibility
You must be at least 18 years old (or 16 with parental consent) and have full legal capacity to enter into a contract to use the Platform. By registering, you represent and warrant that you meet these requirements.
4. Usage Rights
4.1 Grant of Rights
Subject to these Terms and for the duration of the contract, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform in accordance with the scope of your service tier.
4.2 Restrictions
You may not:
- Copy, modify, distribute, sell, lease, or sublicense the Platform or any part thereof
- Reverse engineer, decompile, or disassemble the Platform
- Circumvent or disable any security or access control features
- Use the Platform for any purpose that is unlawful or prohibited by these Terms
- Use the Platform in a way that could damage, disable, overburden, or impair the Platform or interfere with other Users' use
- Use automated means (bots, scrapers, crawlers) to access or interact with the Platform without our prior written consent
- Remove, alter, or obscure any proprietary notices or labels on the Platform
4.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at support@dein-eigentum.de if you become aware of any unauthorised use of your Account.
5. Service Availability
5.1 Availability Target
We aim to achieve an annual availability of the Platform of 99%, measured at the network handover point of our hosting provider ("Availability Target"). This Availability Target is a non-binding target value, not a guaranteed service level.
5.2 Exclusions
The Availability Target does not include:
- Scheduled maintenance windows, which will be announced at least 48 hours in advance where possible
- Unscheduled maintenance required for urgent security patches or critical updates
- Outages caused by circumstances beyond our reasonable control (force majeure), including but not limited to natural disasters, power outages, internet infrastructure failures, cyberattacks, pandemics, or governmental actions
- Outages attributable to the User's equipment, internet connection, or third-party services
5.3 Support
We provide support via email at support@dein-eigentum.de during regular business hours (Monday to Friday, 9:00-17:00 CET, excluding German public holidays). We aim to respond to support requests within 2 business days.
6. Customer Obligations
6.1 Lawful Use
You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations. You are solely responsible for ensuring that your use of the Platform, including all Content you upload or enter, complies with applicable law.
6.2 Data Accuracy
You are responsible for the accuracy, completeness, and timeliness of all data you enter into the Platform. We are not liable for consequences arising from incorrect or incomplete data entered by Users.
6.3 Third-Party Data
If you enter personal data of third parties (e.g., tenant information, contact details) into the Platform, you are the data controller for such data under the GDPR. You represent and warrant that you have a valid legal basis for processing such data and that you comply with all applicable data protection obligations. A separate Data Processing Agreement (DPA) governs our processing of such data on your behalf.
6.4 Backup
While we implement appropriate measures to protect your data, you are responsible for maintaining your own backups of critical data. We shall not be liable for data loss to the extent that it could have been prevented by the Customer's own backup measures.
6.5 Prohibited Activities
You may not use the Platform to:
- Store, transmit, or distribute content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
- Infringe upon intellectual property rights, privacy rights, or other rights of third parties
- Distribute malware, viruses, or other harmful software
- Engage in fraudulent, misleading, or deceptive practices
- Interfere with the proper functioning of the Platform
6.6 Consequences of Violations
If you violate these Terms, we may, at our discretion and after giving prior warning (except in cases of serious or repeated violations):
- Temporarily suspend your access to the Platform
- Permanently terminate your Account
- Delete infringing Content
We will notify you of any such action and the reasons therefor.
7. Pricing, Billing, and Payment
7.1 Prices
The prices for our Subscription plans are displayed on our pricing page. All prices include the applicable statutory value-added tax (VAT/Umsatzsteuer) in accordance with the German Price Indication Ordinance (PAngV).
7.2 Billing Cycle
Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. The billing cycle begins on the date you subscribe to a paid plan.
7.3 Payment Methods
We accept the following payment methods via our payment processor Stripe:
- Credit card (Visa, Mastercard)
- Other payment methods as offered during checkout
7.4 Payment Due Date
Payments are due immediately upon the start of each billing cycle and are processed automatically via your stored payment method.
7.5 Late Payment
If a payment fails or is not received, we will notify you and provide a reasonable grace period of at least 14 days to resolve the payment issue. If payment is not received within this grace period, we may suspend your access to paid features until payment is made. Statutory default interest applies in accordance with § 288 BGB.
7.6 Invoices
We will provide you with a tax-compliant invoice (Rechnung) for each payment, delivered electronically to the email address associated with your Account.
8. Price Adjustments
8.1 Right to Adjust Prices
We may adjust the prices of our Subscription plans to reflect changes in our cost structure (e.g., hosting costs, third-party service fees, personnel costs, regulatory requirements). Price adjustments will be made at our reasonable discretion (billiges Ermessen) in accordance with § 315 BGB.
8.2 Notice and Objection
We will notify you of any price adjustment at least 6 weeks before the adjustment takes effect. The notification will state:
- The new price
- The date the new price takes effect
- Your right to object within 4 weeks of receiving the notification
- The consequence that the adjustment will take effect if you do not object within the specified period
8.3 Objection Right
If you object to a price adjustment within the 4-week objection period, the contract will continue at the existing price until the end of the current billing period. Either party may then terminate the contract as of the date the price adjustment was intended to take effect, with a notice period of 2 weeks.
8.4 VAT Changes
Changes in the applicable VAT rate will be passed through to the Customer without the price adjustment procedure described above, as this is a statutory requirement.
9. Contract Duration and Termination
9.1 Free Tier
If you use the free tier, the contract is concluded for an indefinite period. Either party may terminate the contract at any time with a notice period of 2 weeks to the end of a calendar month.
9.2 Paid Subscriptions
Paid Subscriptions are concluded for the selected billing cycle (monthly or annual). After the initial billing cycle, the Subscription renews automatically for subsequent periods of the same duration, unless terminated by either party.
Notice periods:
- Monthly Subscriptions: May be terminated at any time with effect at the end of the current billing month.
- Annual Subscriptions: May be terminated with at least 1 month's notice before the end of the current annual billing period.
9.3 Termination Method
Termination must be declared in Text Form (§ 126b BGB). You may terminate by:
- Email to: support@dein-eigentum.de
- Using the cancellation function in your Account settings (Kündigungsbutton per § 312k BGB)
We will confirm receipt of your termination without undue delay.
9.4 Extraordinary Termination
Either party may terminate the contract without notice for good cause (außerordentliche Kündigung aus wichtigem Grund). Good cause exists in particular if:
- The other party materially breaches these Terms and fails to cure the breach within 30 days of receiving written notice of the breach
- The other party becomes insolvent, files for bankruptcy, or enters into liquidation
- Continued performance of the contract is unreasonable for the terminating party
9.5 Effects of Termination
Upon termination:
- Your access to paid features will end at the conclusion of the current billing period (for ordinary termination) or immediately (for extraordinary termination by us)
- No refund is due for the remaining portion of a prepaid billing period, except in the case of extraordinary termination by you for good cause attributable to us, in which case we will refund the prepaid fees on a pro-rata basis
- You will have the opportunity to export your data for 30 days after the effective date of termination (see Section 10)
9.6 EU Data Act Compliance
In accordance with Regulation (EU) 2023/2854 (Data Act), the maximum notice period for termination shall not exceed 2 months. No switching charges apply.
10. Consequences of Termination and Data Export
10.1 Data Export
For a period of 30 days after the effective date of termination, you may export your data from the Platform. We will provide reasonable means for data export in a structured, commonly used, and machine-readable format.
10.2 Data Deletion
After the 30-day export period, we will delete your Account data, subject to any statutory retention obligations (e.g., financial records retained for 10 years per § 147 AO, commercial correspondence for 6 years per § 257 HGB). Data subject to statutory retention will be retained for the required period and then deleted.
10.3 User Content
Content you uploaded to the Platform remains your intellectual property. Upon deletion of your Account, we delete all copies of your Content from our systems, subject to the statutory retention obligations mentioned above and any technical backup retention of up to 30 days.
11. Warranty and Defect Claims
11.1 Conformity
We will provide the Platform in conformity with the contract, i.e., in a condition that corresponds to the agreed specifications of the selected service tier and is suitable for the purposes of the contract. The statutory warranty provisions apply.
11.2 Defect Notification
You must notify us of any defects without undue delay after becoming aware of them. The notification should describe the defect in sufficient detail to enable us to reproduce and investigate it.
11.3 Remedy
If a defect is confirmed, we will, at our discretion:
- Repair the defect (Nachbesserung), or
- Provide a workaround that achieves the intended functionality
If we fail to remedy the defect within a reasonable period, your statutory rights to price reduction or termination apply.
11.4 Limitation Period
The limitation period for warranty claims by Consumers is 2 years from the provision of the service. For Entrepreneurs, the limitation period is 1 year, unless shorter periods are not permissible under mandatory law.
11.5 Updates
We will provide updates, including security updates, that are necessary to maintain the conformity of the Platform, in accordance with Article 7 of Directive (EU) 2019/770 (Digital Content Directive). We will inform you of available updates. If you fail to install or apply updates within a reasonable period, we are not liable for defects resulting solely from the missing update.
12. Liability
12.1 Unlimited Liability
We are liable without limitation for:
- Damages caused intentionally (vorsätzlich) or through gross negligence (grobe Fahrlässigkeit)
- Injury to life, body, or health (Leben, Körper, Gesundheit)
- Liability under the German Product Liability Act (Produkthaftungsgesetz)
- Liability arising from a guarantee expressly assumed by us (übernommene Garantie)
- Liability for fraudulent concealment of defects (arglistiges Verschweigen von Mängeln)
12.2 Limited Liability for Simple Negligence
In the case of simple negligence (einfache Fahrlässigkeit), we are liable only for breaches of essential contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten). Essential contractual obligations are those obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the Customer may regularly rely.
In such cases, our liability is limited to the typically foreseeable damage at the time of contract conclusion (vertragstypischer, vorhersehbarer Schaden).
12.3 Liability Cap
Without prejudice to Sections 12.1 and 12.2, our total aggregate liability for all claims arising under or in connection with the contract during any 12-month period shall not exceed the total fees paid by the Customer in the 12 months preceding the event giving rise to liability, or EUR 500 if no fees have been paid (e.g., free tier users).
12.4 Exclusion of Indirect Damages
To the extent permitted by law and subject to Section 12.1, we shall not be liable for:
- Loss of profit (entgangener Gewinn)
- Loss of data, to the extent the Customer has failed to maintain adequate backups (see Section 6.4)
- Indirect or consequential damages (mittelbare Schäden oder Folgeschäden)
12.5 Contributory Negligence
The provisions of § 254 BGB (contributory negligence) apply. In particular, the Customer bears the responsibility for adequate data backup and for verifying AI-generated valuations before relying on them.
12.6 Scope
The limitations and exclusions in this Section 12 apply equally to the personal liability of our employees, representatives, and agents.
13. User Content and Indemnification
13.1 Ownership
You retain all intellectual property rights in the Content you upload, enter, or create on the Platform. We do not claim ownership of your Content.
13.2 Licence Grant
By uploading Content to the Platform, you grant us a limited, non-exclusive right to process, store, display, and transmit the Content solely for the purpose of providing and operating the Platform. This licence terminates upon deletion of the Content or termination of your Account.
13.3 Indemnification
You agree to indemnify and hold us harmless from and against any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your Content or your use of the Platform
- Your breach of these Terms
- Your violation of any applicable law or third-party right (including intellectual property rights and data protection obligations)
This indemnification obligation does not apply to the extent that you are not responsible for the infringement.
14. Intellectual Property
14.1 Our Intellectual Property
The Platform, including its software, design, trademarks, logos, user interface, and documentation, is our intellectual property or is licensed to us. These Terms do not transfer any ownership rights in the Platform to you.
14.2 Feedback
If you provide us with suggestions, feedback, or improvement ideas regarding the Platform, you grant us a royalty-free, irrevocable, non-exclusive, worldwide licence to use, modify, and incorporate such feedback into our products and services without restriction and without obligation to compensate you.
15. Modifications to These Terms
15.1 Right to Modify
We may modify these Terms to reflect changes in legal requirements, regulatory changes, changes in our services, or to address security concerns.
15.2 Notification
We will notify you of any modifications at least 6 weeks before they take effect. The notification will be sent via the Platform (through a blocking or non-blocking acceptance prompt) and/or by email, and will:
- Clearly describe the changes being made
- State the date on which the changes take effect
- Inform you of your right to object within 4 weeks of receiving the notification
- Inform you that the changes will be deemed accepted if you do not object within the specified period
15.3 Deemed Acceptance
If you do not object to the modified Terms within 4 weeks of receiving the notification, your consent to the changes is deemed to have been given. We will specifically draw your attention to this legal consequence in the notification.
15.4 Objection and Termination
If you object to the modified Terms, the contract will continue under the existing Terms. In this case, either party may terminate the contract with effect from the date the modified Terms were intended to take effect, with a notice period of 2 weeks.
16. Data Protection
The processing of personal data in connection with the use of the Platform is governed by our Privacy Policy, available at https://dein-eigentum.de/legal/privacy. Where Users enter personal data of third parties into the Platform (e.g., tenant data), a separate Data Processing Agreement (DPA) governs the processing of such data.
17. Dispute Resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of § 36 VSBG.
18. Applicable Law and Jurisdiction
18.1 Applicable Law
These Terms and any disputes arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For Consumers with habitual residence in another EU Member State, the mandatory consumer protection provisions of that Member State's law that would apply in the absence of a choice of law shall remain unaffected (Article 6(2) of Regulation (EC) No 593/2008 — Rome I).
18.2 Jurisdiction
For Entrepreneurs, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is the registered seat of the Provider.
For Consumers, the statutory provisions on jurisdiction apply. In particular, Consumers may bring claims at the court of their domicile or the court at the Provider's registered seat.
19. Final Provisions
19.1 Severability
If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by operation of law by the applicable statutory provisions (§ 306(2) BGB).
19.2 Written Form
No oral side agreements exist. Amendments and supplements to these Terms must be made in Text Form (§ 126b BGB), unless a stricter form is required by mandatory law. This also applies to the waiver of this Text Form requirement.
19.3 Assignment
You may not assign or transfer your rights and obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided that the successor entity assumes all obligations under these Terms.
19.4 Entire Agreement
These Terms, together with the Privacy Policy, the Data Processing Agreement (where applicable), and any order confirmation, constitute the entire agreement between you and us regarding the use of the Platform.
Annex: Right of Withdrawal for Consumers (Widerrufsbelehrung)
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days after the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us:
Ilya Baskakov (Operating as: Eigentum²) Von-Müller-Straße 15a 82467 Garmisch-Partenkirchen, Germany
VAT ID (USt-IdNr.): DE356119638 Email: support@dein-eigentum.de
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Ilya Baskakov, operating as Eigentum², Von-Müller-Straße 15a, 82467 Garmisch-Partenkirchen, Germany, Email: support@dein-eigentum.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: Eigentum² Subscription
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
The effective date of this version is displayed above this document.