Terms of Use
Scope and provider
These Terms of Use govern the use of the findemieter.de platform (hereinafter the “platform”). The provider and contracting party is the operator named in the imprint. By registering, you agree to these Terms of Use. They become part of the user agreement concluded between you and us.
Use of the platform is free of charge for tenants and landlords. Differing or supplementary terms of individual users do not apply, even if we do not expressly object to them.
Services of the platform
findemieter.de is a matching platform that brings together people looking for housing and landlords. Tenants create a profile. Logged-in landlords can search these profiles and make contact through the platform.
findemieter.de is not a broker and is not a party to any tenancy or other contract between users. We merely facilitate contact and owe neither the conclusion of a tenancy nor any matching success. We accept no warranty for the accuracy of the information in profiles and messages.
We strive for high availability but do not owe it without interruption, and we may further develop, restrict, or discontinue individual features, provided this is reasonable for users. For data protection reasons, conversations are automatically deleted after 90 days without a new message (details in the privacy policy). Please therefore back up important content outside the platform in good time.
The platform may display offers and recommendations from partner companies, for example in the moving checklist or, with your consent, in marketing emails. In doing so, we may use referral links (so-called affiliate links) for which we may receive a commission. We label such links as advertising. Offers from partner companies are not services of the platform; the respective partner company is responsible for them. A contract for such an offer is concluded exclusively between you and the respective partner company.
Registration, account, and conclusion of contract
Use requires registration with a valid email address. The user agreement is concluded as soon as you have completed your registration via the confirmation link sent by email.
You must be of legal age and have full legal capacity. Only one account is permitted per person. Your information must be true and up to date. You must keep your login credentials secret and must not pass them on to third parties. Please notify us without undue delay of any misuse of your account.
User obligations and prohibited use
You may use the platform only within the framework of applicable law and for its purpose — searching for housing or tenants. In particular, the following is prohibited:
- providing false, misleading, or third-party identity or profile data
- fraudulent conduct, in particular requests for advance payments or “viewing fees,” as well as other attempts at deception
- spam, advertising of products or services unrelated to the platform, and any use of the platform for purposes other than intended
- unlawful, abusive, discriminatory, or otherwise offensive content, as well as the infringement of third-party rights (e.g. copyright, trademark, or personality rights)
- the automated extraction of content (scraping), mass contacting, and any impairment of the security or functionality of the platform
- the use of other users' data obtained via the platform for purposes other than the specific initiation of contact
You are responsible for all content that you post or send.
User content and usage rights
For the content you post (e.g. profile details, texts, images), you warrant that you hold the necessary rights and do not infringe the rights of third parties.
You grant us the non-exclusive right, limited to the operation of the platform, to store this content, process it technically, and display it to the respective intended recipients, insofar as this is necessary to provide our services. This right ends when the respective content is deleted, unless statutory retention or the retention of a report (Section 06) precludes this.
If you post unlawful content, you will indemnify us against justified third-party claims arising from it, insofar as you are responsible for the infringement.
Reports, moderation, and measures
Users can report other profiles or content to us via the reporting feature — for example where fraud, spam, or unlawful content is suspected. In doing so, we record the report itself (reason and accounts involved); we do not separately store the content of the conversation concerned (see privacy policy).
We review incoming reports. In the event of a breach of these Terms of Use or applicable law, as well as where there is reasonable suspicion of fraudulent conduct, depending on the severity we may in particular:
- issue a notice or a warning
- remove individual content or make it invisible
- block the account temporarily or permanently
- delete the account
If reports from various users accumulate against the same account, that account may also be provisionally blocked automatically in order to protect the other users. We notify the person concerned of a block by email, stating the reason. If you consider a measure to be unjustified, you can object to it by contacting us. We will then review the case again.
We retain reports for the prevention of abuse and fraud — even beyond the deletion of an account. The details and the legal basis are set out in the privacy policy.
Term, termination, and deletion of the account
The user agreement is concluded for an indefinite period. You can end it at any time without notice by deleting your account yourself in the settings. We, too, may terminate the agreement by ordinary notice with a reasonable notice period.
The right to block or delete the account and to terminate for cause without notice — in particular in the event of a serious or repeated breach of these Terms of Use (Section 06) — remains unaffected.
Upon deletion, your personal data is removed and existing chat histories are anonymized vis-à-vis the other side. The details are set out in the privacy policy. Reports (Section 06), which we retain for fraud prevention, are exempt.
Liability
For damage arising from injury to life, body, or health, and for intent and gross negligence, we are liable without limitation in accordance with the statutory provisions. This also applies to claims under the Product Liability Act.
In the case of simple negligence, we are liable only for the breach of a material contractual obligation (an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), and limited in amount to the foreseeable damage typical of the contract. Otherwise, our liability for simple negligence is excluded.
Since findemieter.de is not a party to the contracts initiated between users, we are not liable for the conduct of other users, for the accuracy of their information, or for the conclusion and content of a tenancy.
Data protection
How we process personal data is explained in our privacy policy.
Changes to the Terms of Use
We may adapt these Terms of Use where this is necessary due to a changed legal situation, court or regulatory requirements, or a further development of the platform and you are not thereby unreasonably disadvantaged. The current version of these Terms of Use is always available on the platform.
Changes that are exclusively to your advantage, that are purely editorial in nature (such as corrections or clarifications without substantive effect), or that merely describe new features which do not impair your existing use become effective as soon as the updated version is published on the platform.
We will inform you of all other changes at least four weeks before they take effect, in text form (e.g. by email). If you do not object before the changes take effect, these changes are deemed to have been accepted; we will draw your attention to this separately in the notification. If you object, we may terminate the agreement as of the planned date on which the changes take effect. Your right to delete your account yourself at any time remains unaffected.
Changes that fundamentally restructure the contract or amount to the conclusion of a new contract will only be made with your express consent.
Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state of your habitual residence remain unaffected.
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions remains unaffected.