Terms of Service

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.

These Terms are provided in German and English. Where the contract is concluded in German, the German version is legally authoritative and prevails in case of any divergence. Where the contract is concluded in English, the English version applies; statutory terms referenced from German law (BGB and adjacent statutes) retain the meaning they have under German law.

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 when concluding a legal transaction (§ 14 BGB).
• Text Form: Any readable declaration on a durable medium that names the declaring person (§ 126b BGB), including email.
• Account holder: The natural or legal person in whose name the Account and any paid contract are concluded, and who is the sole contracting party for the paid services.

You choose your classification as Consumer or business at your first paid purchase. It applies to the whole subscription and to every later change on the same subscription, cannot be changed or mixed while the subscription is active, and is chosen again only at the next first purchase after the subscription has fully ended. Your VAT identification number does not decide this classification; a business remains a business even if it provides no VAT-ID. The classification determines which provisions of these Terms apply to your contract, as well as the VAT and invoice treatment.

This choice does not override your statutory status: whether you are a Consumer within the meaning of § 13 BGB is determined objectively by the predominant purpose of the transaction, and a person who is objectively a Consumer retains all mandatory consumer rights. A person who deliberately declares a business contract in order to obtain business benefits cannot later invoke consumer rights under the principle of good faith (§ 242 BGB). Private individuals managing their own real estate as private asset management are, as a rule, Consumers.

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, associated financial data, documents, contacts, and related workflows. The Platform may include, without limitation, features for property administration, lease and tenant management, financial tracking, document storage, data sharing, AI-powered analytics, and organisational collaboration. A current description of the features of each tier is provided on our pricing page at https://dein-eigentum.de/pricing.

We continuously develop and improve the Platform. Features may be added, modified, or enhanced at any time without constituting a change to these Terms, provided that such changes do not materially diminish the core functionality of the User's subscribed service tier.

2.2 Service Tiers

The Platform is offered in different service tiers (e.g., Basic, Premium), each with a defined scope of features as described on our pricing page at https://dein-eigentum.de/pricing. We may also offer a free tier with limited functionality. The assignment of features to service tiers may be adjusted from time to time; we will notify Users at least 30 days in advance of any reclassification that reduces the features available in their current tier. Any such reclassification is subject to the limits, valid reasons, and termination rights set out in Section 2.4.

2.3 No Legal, Tax, or Financial Advice

The Platform is a management and informational tool. It does not constitute legal, tax, financial, or investment advice and must not be relied upon as such. Any AI-generated content, including but not limited to property valuations, market analyses, and financial projections, is provided for information 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.

The Platform may generate automated notifications and reminders about dates and deadlines derived from the data you enter. These are an organisational aid based on your own entries and on generally applicable notice periods; they are not a monitoring service and do not relieve you of responsibility for observing the dates and deadlines that apply to you. Their accuracy depends on the accuracy and completeness of the data you enter, and delivery may be delayed or fail for reasons outside our control, such as the technical availability of email delivery or a recipient's spam filtering. Our liability is governed by Section 12; in particular, this Section 2.3 does not limit liability for injury to life, body, or health, for intent or gross negligence, or under the Product Liability Act.

2.4 Modifications to the Service

We may modify the Platform beyond what is necessary to maintain conformity with the contract only for the following valid reasons (triftige Gründe, § 327r BGB): (i) adaptation to a new technical environment or to increased or decreased usage volumes; (ii) changes in legal or regulatory requirements; (iii) security needs; or (iv) improvement and further development of the service. Any such modification is made at no additional cost to you, and the core functionality of the subscribed service tier will not be materially diminished. If a modification impairs your access to or use of the Platform in a manner that is more than minor, we will inform you in advance on a durable medium about the features and timing of the modification and your rights, and you may terminate the affected contract free of charge within 30 days of receipt of the information (or of the time of the modification, if later), in accordance with § 327r BGB.

2.5 Third-Party Services

The Platform may integrate with or provide access to services, APIs, or platforms operated by third parties ("Third-Party Services"). We are not responsible for the availability, accuracy, or functionality of Third-Party Services. Your use of Third-Party Services is subject to the respective third party's terms and conditions. We may add, modify, or remove Third-Party Service integrations at any time.

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 signing in with a supported external account (e.g. Google). 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.

Until you click this button, you can check and correct your entries in the fields of the order process at any time; the summary in the order process shows you the service ordered and the amount. You change the plan and the billing interval by closing the order process and choosing again on the pricing page.

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 store the version of these Terms and of the withdrawal notice applicable to your contract together with your consents, and it remains retrievable for you on request. 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 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.

3.6 Incorporation of these Terms

These Terms are presented to you before you are bound and become part of the contract only where you have had a reasonable opportunity to take note of their content and have affirmatively accepted them by a non-pre-ticked action, namely at registration (§ 305 (2) BGB). We store the accepted version together with your consents (Section 3.4). You receive the withdrawal notice as set out in Section 3.7.

3.7 Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal as set out in the withdrawal notice. We provide the withdrawal notice and the model withdrawal form before the contract is concluded and send them to you in text form with the order confirmation; they are available at https://dein-eigentum.de/legal/withdrawal.

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, except to the extent mandatorily permitted by §§ 69d, 69e UrhG (German Copyright Act)
• 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 Commercially Reasonable Availability

We will use commercially reasonable efforts to keep the Platform available to you. We do not promise a specific availability percentage or service-level guarantee, except where a service-level agreement has been individually agreed with you in writing. This does not affect your statutory warranty rights or our obligations to provide the Platform in conformity with the contract under Section 11.

5.2 Permitted Downtime

The following events do not constitute a breach of contract:

• Scheduled maintenance windows, which we will announce at least 48 hours in advance where reasonably 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 to 17:00 German time, 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 with a reasonable opportunity to cure:

• Temporarily suspend your access to the Platform
• Permanently terminate your Account
• Delete infringing Content

In cases of imminent harm to the Platform, other users, or third parties, suspected fraud, demonstrable risk of legal liability for us, or serious or repeated violations, we may take any of the above measures without prior warning. In any event, we will notify you of the action taken and the reasons for it without undue delay after the action is taken, unless mandatory law or a binding order of a competent authority prohibits such notification.

7. Pricing, Billing, and Payment

7.1 Prices

The prices for our Subscription plans and per-property capacity are displayed on our pricing page at https://dein-eigentum.de/pricing. For Consumers, all prices are total prices including the applicable statutory value-added tax (VAT/Umsatzsteuer) in accordance with the German Price Indication Ordinance (PAngV). For Entrepreneurs, the VAT treatment (including reverse charge) follows Section 7.9.

7.2 Service Components

A paid Subscription consists of a Base tier and per-property capacity. The Base tier (currently "Premium") includes capacity for 5 properties; the free Basic tier is limited to 1 property. Above the 5 properties included in the Base tier, capacity is charged per property with graduated pricing: each property is billed at the rate of the price band it falls into, so the more properties you hold, the lower the rate for each further property. Crossing into a cheaper band never re-prices the properties before it. Additional capacity arises when further properties are created or when the account holder books capacity in advance. Chargeable changes initiated by authorised members of the account holder's organisation are attributed to the account holder and concluded in the account holder's name.

The exact composition of each Subscription is shown to you before each chargeable transaction and is documented on the invoice.

7.3 Billing Intervals

Subscriptions are billed in advance. The Base tier is billed at the interval chosen at purchase: monthly (€29) or annually (€290). The annual price reflects a discount granted in consideration of the 12-month commitment.

Per-property capacity is always billed monthly, regardless of the billing interval of your Base tier. The composition and billing dates of each invoice are shown to you in the order preview and are documented on the invoice itself.

7.4 Payment Methods

We accept the following payment methods via our payment processor:

• Credit card (Visa, Mastercard)
• Other payment methods as offered during checkout

7.5 Payment Due Date

Payments are due immediately upon the start of each billing cycle and are processed automatically via your stored payment method. By providing a payment method and completing a paid order, you authorise us and our payment processor to charge that method on a recurring basis for the Base tier and for monthly per-property capacity, in the amounts and at the intervals shown to you at purchase, until the affected contract is cancelled or effectively withdrawn.

7.6 Late Payment

If a payment fails or is not received, we will notify you and the payment will be retried automatically several times as part of our dunning process. While a payment remains outstanding, we may restrict functions that create or modify data on the Platform; access to your existing data, and the ability to export it, remain available throughout. If payment is still not received after the final unsuccessful retry, we may suspend your access to paid features or terminate the affected Subscription; the termination and its effective date will be announced to you in advance in our payment reminders. Your data-export rights under Section 10 and your statutory rights remain unaffected. Statutory default interest applies in accordance with § 288 BGB.

7.7 Mid-Cycle Changes and Proration

You may add or remove properties, switch the Base tier (Basic to Premium or Premium to Basic), or change the billing interval of the Base tier (monthly to annual or annual to monthly) at any time. A preview is presented to you before you confirm the change:

• Adding a property takes effect immediately. For Consumers, the pro-rata amount for the remaining days of the current monthly capacity period is charged immediately at the time of adding; from the next monthly capacity period onward the property is billed at the full monthly rate on your regular monthly invoice. For business customers (Entrepreneurs), the pro-rata amount is added to your next monthly invoice rather than charged immediately, so that all changes are consolidated onto one invoice.
• Pre-provisioning capacity takes effect immediately. The account holder may book any number of paid slots in advance; for Consumers the pro-rata amount for the remaining days of the current monthly capacity period is charged immediately, and for business customers it is added to the next monthly invoice. Filling a pre-provisioned slot later incurs no further charge.
• Removing a property takes effect immediately and results in a pro-rata credit applied to your next invoice. No cash refund is issued during the running contract; any credit not yet consumed when the contract ends is paid out to you on request or with the final settlement.
• Base-tier upgrades and interval increases (Basic to Premium, or switching the Base tier from monthly to annual) take effect immediately and result in an immediate, pro-rata charge corresponding to the remaining time in the Base tier's current billing cycle.
• Base-tier downgrades (Premium to Basic, or switching the Base tier from annual to monthly) are scheduled to take effect at the end of the Base tier's current billing cycle. Because the discounted annual rate is granted in consideration of the committed 12-month minimum term, no refund or credit is issued for the unused portion of an annual Base-tier cycle: the annual price reflects that committed term, and the discount is the consideration for it.

Whether a change triggers a right of withdrawal is governed by the withdrawal notice.

7.8 Invoices

We will provide you with a tax-compliant invoice (Rechnung) for each payment, delivered electronically via our payment processor (as a link in the order confirmation and in your billing history) to the email address associated with your Account.

7.9 Value-Added Tax

For Consumers, VAT is charged at the rate applicable in the country of consumption (place of supply at the Consumer's habitual residence per Art. 58 MwStSystRL and § 3a(5) UStG). For Entrepreneurs with a validated EU VAT-ID making cross-border purchases, the reverse-charge mechanism applies and no VAT is collected; the customer accounts for the VAT in their own country.

Where the validation status of an Entrepreneur's VAT-ID has not yet been confirmed at the time of an invoice, the local VAT rate applies and may be corrected on a future invoice once validation completes. Past invoices are not retroactively re-issued.

7.10 Set-Off and Retention

You may set off against our claims only with counterclaims that are undisputed, ready for decision, or finally adjudicated (rechtskräftig festgestellt). This restriction does not apply to counterclaims arising from the same contractual relationship that stand in a reciprocal relationship (Gegenseitigkeitsverhältnis) to our claim. You may exercise a right of retention only for counterclaims arising from the same contractual relationship.

8. Price Adjustments

8.1 Price Adjustments for Consumers: Consent Required

For Consumers, the prices of an existing Subscription change only with your express consent. We do not increase prices unilaterally.

If we wish to adjust a price, we will propose the new price to you at least 6 weeks before the intended effective date, by email and through the Platform. The proposal will state the previous price, the new price, and the intended effective date. If you consent, the new price applies from the stated date. If you do not consent, your price remains unchanged; the proposal has no effect on the current billing period or on any committed term.

Where your contract runs month-to-month, we may, instead of proposing an adjustment, exercise our ordinary right of termination under Section 9 with effect from the end of a billing period and offer you a new contract at the new price. Your right to simply let the contract end instead remains unaffected.

8.2 Price Adjustments for Entrepreneurs

For Entrepreneurs, we may adjust prices at our reasonable discretion (billiges Ermessen, § 315 BGB) to reflect the actual development of the following cost elements: hosting and infrastructure costs, third-party licence and service fees, payment-processing costs, personnel costs, and costs of regulatory compliance. Increases are limited to the actual development of these cost elements; decreases in these cost elements are passed on by the same measure. Price adjustments may not be used to increase the profit margin.

We will give at least 6 weeks' notice of any adjustment, stating the previous price, the new price, the relevant cost drivers, and the effective date. If an adjustment increases the total price of the Subscription by more than 5% within any 12-month period, the Entrepreneur may terminate the contract as of the effective date of the adjustment with a notice period of 2 weeks.

8.3 VAT Changes

Changes in the applicable statutory VAT rate are passed through to the Customer without the procedures described in Sections 8.1 and 8.2, as they merely reflect the law.

9. Contract Duration and Termination

9.1 Free Tier

If you use the free tier, the contract is concluded for an indefinite period. You may terminate the contract at any time without notice. We may terminate the free-tier contract 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 initial billing cycle (monthly or annual).

Monthly Subscriptions (consumers and entrepreneurs). Monthly Subscriptions renew automatically each month for an indefinite period and may be terminated by either party at any time with effect at the end of the current billing month.

Annual Subscriptions for consumers. In accordance with § 309 No. 9 (b) BGB, Annual Subscriptions concluded by Consumers continue, after the initial 12-month term, for an indefinite period that may be terminated by either party at any time with a notice period of one month. The annual discount is granted in consideration of the 12-month commitment; once the contract becomes month-to-month, that consideration no longer applies. Accordingly, billing switches from the start of month 13 onwards to the standard monthly rate agreed at contract conclusion (currently €29 per month for the Base tier plus the monthly per-property rates published at contract conclusion, Sections 7.1 and 7.2), not to a freely determined future price; any later change to these prices is subject to the consent requirements of Section 8. After the conversion you may at any time elect to enter into a new fixed 12-month annual term at the published annual price; any such election is a new chargeable contract change.

Pre-conversion notification. To avoid any silent change on auto-conversion, at least 30 days before the end of the initial 12-month yearly term we will send Consumers a notification email setting out (a) the upcoming conversion date, (b) the post-conversion monthly amount for your Subscription, and (c) a link to your billing settings, where you can cancel with effect from the end of the initial term.

Annual Subscriptions for entrepreneurs. Annual Subscriptions concluded by Entrepreneurs renew automatically for additional 12-month periods at the then-current annual price unless terminated with at least 1 month's notice before the end of the current annual billing period. Any change to the annual price at renewal follows the cost-element discipline and notice requirements of Section 8.2.

Capacity lifecycle. Per-property capacity is always billed monthly, has no minimum term, and may be added or removed at any time (see Section 7.7). Only the Base tier carries a 12-month initial term when the annual interval is chosen; the auto-conversion to monthly billing (for Consumer Subscriptions, see above) and the right to terminate after the initial term therefore apply to the Base tier at its 12-month anniversary.

Withdrawal exception. Notwithstanding the above, you may terminate the affected component immediately within the withdrawal period in accordance with the withdrawal notice.

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 online cancellation function (§ 312k BGB) via the cancellation button on our website, which is available without prior login and linked in the footer

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 notice of the breach in text form
• Insolvency proceedings are opened over the other party's assets, or their opening is refused for insufficiency of assets
• 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 or by you, or upon an effective withdrawal).
• No refund is due for the remaining portion of a prepaid billing period, except:
  • in the case of an effective withdrawal, where the refund is governed by the withdrawal notice; or
  • in the case of extraordinary termination by you for good cause attributable to us, in which case we will refund the prepaid fees calculated on a calendar-day basis (unused days ÷ total days in the prepaid billing period × prepaid amount), within 14 days of the effective date of termination, using the same means of payment you used for the original transaction unless we have expressly agreed otherwise; you will not incur any fees as a result of the refund; or
  • where a Consumer terminates the contract under the mandatory provisions on digital products, in particular for defects (§§ 327l, 327m BGB) or following a modification of the digital service (§ 327r BGB), in which case the statutory refund rules (§§ 327m, 327o BGB) apply and the prepaid amount attributable to the period after termination is refunded; or
  • where the contract ends mid-period through a termination by us (other than a termination caused by your failure to pay for the very billing period concerned) or through a termination by either party under Section 15.4, in which case we will refund the prepaid amount attributable to the period after the effective date of termination, calculated on a calendar-day 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

If you terminate a paid subscription, you continue to use the Platform on the free tier; your data is kept. If you delete your Account or your organisation, the data is withdrawn from use immediately and permanently erased after 90 days, subject to any statutory retention obligations and to the exceptions set out in the Privacy Policy (https://dein-eigentum.de/legal/privacy) and the Data Processing Agreement (https://dein-eigentum.de/legal/dpa). 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 in accordance with Section 10.2, subject to a technically necessary, time-limited retention in backups.

10.4 Organisation Members

Where you are the account holder of an organisation with authorised members, termination or effective withdrawal of your contract ends the members' access to the paid features and to the organisation's shared data at the same time as your access ends (Section 9.5). The data-export right in Section 10.1 rests with you. Members have no separate contract with us in respect of the paid services and no separate right to continued access.

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

For Consumers, defect rights for digital services are governed by the mandatory statutory provisions of §§ 327 ff. BGB. Because the Platform is provided continuously, we are responsible for defects that occur or become apparent during the entire provision period, and the limitation of claims is governed by § 327j BGB (in particular, claims do not become time-barred before the end of the period specified there). For Entrepreneurs, the limitation period for warranty claims is 1 year, subject to mandatory law and any individual agreement.

11.5 Updates

We will provide updates, including security updates, that are necessary to maintain the conformity of the Platform, in accordance with § 327f BGB (implementing Art. 8(2) of Directive (EU) 2019/770). As a cloud service, the Platform is updated centrally by us; where an update exceptionally requires action on your part, we will inform you, and we are not liable for defects resulting solely from your failure to apply it within a reasonable period (§ 327f (2) BGB).

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

For Entrepreneurs only, and 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 greater of (a) the total fees paid by the Customer in the 12 months preceding the event giving rise to liability or (b) EUR 500. For Consumers, no fixed monetary cap applies; the limitation in Section 12.2 (typically foreseeable, contract-typical damage) is the sole limit for simple negligence.

12.4 Exclusion of Indirect Damages

Subject to Sections 12.1 and 12.2, 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. Consumers' rights under §§ 327 ff. BGB (digital products) remain unaffected by this Section 12.

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 or regulatory requirements, to address security concerns, or to reflect changes in our services within the limits of Section 2.4. For Consumers, modifications take effect only with their express consent, which they may declare through the acceptance prompt on the Platform or in Text Form; silence does not count as consent. For Entrepreneurs, the deemed-acceptance procedure in Sections 15.2 and 15.3 applies only to modifications that preserve the overall balance of the contract; it does not apply to changes concerning prices (see Section 8), the core scope of the subscribed services, the contract term, or termination rights. Such changes require express consent from Entrepreneurs as well.

15.2 Notification

We will notify you of any modifications at least 6 weeks before they are intended to take effect. The notification will be sent via the Platform (through an acceptance prompt that does not restrict your access) and/or by email, and will:

• Clearly describe the changes being made
• State the date on which the changes are intended to take effect
• For Consumers, state that the changes take effect only with their express consent and that without consent the contract continues under the existing Terms
• For Entrepreneurs, state the right to object within 4 weeks of receiving the notification and that the changes will be deemed accepted if no objection is made within that period

15.3 Deemed Acceptance for Entrepreneurs

If an Entrepreneur does not object to the modified Terms within 4 weeks of receiving the notification, its consent to the changes is deemed to have been given. We will specifically draw attention to this legal consequence in the notification.

15.4 Objection, Missing Consent and Termination

If an Entrepreneur objects to the modified Terms, or a Consumer has not expressly consented to them by the date they were intended to take effect, 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), our Data Processing Agreement, available at https://dein-eigentum.de/legal/dpa, governs the processing of such data.

17. Consumer Dispute Resolution

In accordance with § 36 VSBG (Consumer Dispute Resolution Act), we inform you that we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). Our information duty under § 37 VSBG (notice of a competent arbitration board in text form after an individual dispute has failed to be resolved) remains unaffected.

The competent general consumer arbitration body responsible for consumer disputes is:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein, Germany
Website: https://www.verbraucher-schlichter.de

The naming of this body is voluntary information. It does not constitute an undertaking by us to participate in proceedings before this body. Consumers retain the right to pursue legal remedies in court.

Note: The EU Online Dispute Resolution (ODR) platform formerly available at ec.europa.eu/consumers/odr was decommissioned by the European Commission in July 2025; we therefore no longer provide a link to that platform.

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).

Where the customer is a Consumer with habitual residence in an EU/EEA member state other than Germany, the mandatory consumer-protection provisions of that member state's law apply notwithstanding the choice of law in this Section, in accordance with Art. 6(2) of Regulation (EC) No. 593/2008 (Rome I).

18.2 Jurisdiction

If the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is the Provider's business seat (Garmisch-Partenkirchen).

For Consumers, the statutory provisions on jurisdiction apply. Consumers with habitual residence in an EU member state other than Germany may also bring claims before the courts of their domicile in accordance with Art. 18(1) of Regulation (EU) No. 1215/2012 (Brussels Ia).

19. Takeover of the Contract by Another Member

19.1 Takeover Offer

The customer may offer a member of their organization to take over the organization and the contract. The offer is valid for seven days. It lapses earlier if the member leaves the organization, their account is deleted, deactivated or suspended, or the organization is deleted.

19.2 Acceptance

When the member accepts the offer, they replace the previous customer as contracting party from the time of acceptance. The terms of service current at that time apply, which the member accepts when taking over. The member states whether they take over the contract as a consumer or as a business; a consumer has the statutory right of withdrawal from the takeover.

19.3 Paid Subscriptions

For a paid subscription the member provides their own payment method and billing details when accepting. Acceptance is only possible once all open invoices of the previous customer are paid and no withdrawal of the previous customer is still being processed. On takeover the payment methods of the previous customer are removed; invoices from the takeover on are issued to the member. Term, price and billing period of the subscription stay unchanged.

19.4 Position of the Previous Customer

The previous customer remains a member of the organization as an admin. They are not charged anything after the takeover. Invoices from their time as customer remain available to them while they are a member.

20. Final Provisions

20.1 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).

20.2 Written Form

Amendments and supplements to these Terms must be made in Text Form (§ 126b BGB), unless a stricter form is required by mandatory law. Individual agreements (§ 305b BGB) always take precedence and are valid without any specific form.

20.3 Assignment

You may not assign or transfer your rights and obligations under these Terms without our prior written consent; this restriction does not apply to the takeover of the contract by a member of your organization under Section 19 or to the assignment of monetary claims (Geldforderungen), and § 354a HGB remains unaffected for merchants. 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.

20.4 Entire Agreement

These Terms, together with the separate withdrawal notice, 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.

20.5 No Waiver

Our failure to enforce, or delay in enforcing, any provision of these Terms is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if made in Text Form (§ 126b BGB).

20.6 Survival

Provisions that by their nature are intended to continue after the contract ends, in particular Sections 9.5, 10, 12, 13, 14, and 18, survive termination.

The effective date of this version is displayed above this document.