Terms and Conditions

These General Terms and Conditions (hereinafter 'Terms') govern the contractual relationship between WOHNO (hereinafter 'we', 'us', or 'platform') and the users of the platform – both housing seekers and providers of residential space (hereinafter jointly 'users'). They apply to the registration for, access to, and use of all functions and services provided via the platform. Deviating or conflicting terms of the user do not become part of the contract unless we expressly agree to their validity in text form.

A consumer within the meaning of these Terms is any natural person who uses the platform for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is anyone who, when concluding the contract, acts in the exercise of a commercial or independent professional activity.

WOHNO is purely an intermediary and contact platform. We merely provide users with the technical infrastructure through which housing seekers and providers can find each other and get in touch. Any rental, purchase, or other contract regarding residential space is concluded exclusively and directly between the respective users; we do not at any time become a party to such a contract and do not owe any successful intermediation.

We do not provide brokerage services within the meaning of §§ 652 et seq. of the German Civil Code (BGB) and do not carry out any activity requiring a permit under § 34c of the German Trade Regulation Act (GewO). We do not take any apartments into our own portfolio, do not view properties, do not check creditworthiness, and do not issue recommendations for or against concluding a contract. The respective users are solely responsible for the content, accuracy, completeness, and legality of listings, application portfolios, and other user information.

With regard to user-generated content, we act as a host provider within the meaning of §§ 7 et seq. of the German Telemedia Act (TMG). We are not obliged to monitor content posted by users in advance or without specific cause. If we become aware of specific legal violations, we will remove or block the content concerned without undue delay.

Depending on the user role, the platform's range of functions includes, in particular, the following services:

• Creation, management, and publication of listings for residential space by providers
• Creation of search profiles and digital application portfolios by housing seekers
• Automated matching between search profiles and listings as non-binding guidance
• Platform-internal chat and messaging function for contact between users
• Supplementary functions such as appointment management for viewings and AI-assisted support features

Which functions are available in detail depends on the chosen user role, the service package booked in each case, and the current state of development of the platform. We are entitled to further develop and expand the range of functions or to adjust individual functions provided free of charge, insofar as this is reasonable for the user and does not eliminate the core purpose of the platform.

Use of the protected functions of the platform requires registration and the creation of a user account. Upon completion of registration, a free platform usage contract for the basic functions is concluded between the user and us. There is no entitlement to registration or activation.

Registration requires:

• Full legal capacity and a minimum age of 18 years
• The provision of truthful, complete, and up-to-date data and its updating in the event of changes
• Acceptance of these Terms and acknowledgement of the privacy policy

As a rule, only one user account is permitted per user. Access credentials must be kept secret and protected against access by third parties. The user is responsible for all activities carried out via their account and must inform us without undue delay of any suspicion of misuse.

The user is obliged to keep the contact details stored in their user account – in particular their email address – up to date and accurate at all times, so that declarations and notifications from WOHNO can reach them.

Declarations and notifications that WOHNO sends to the email address last provided by the user are deemed to have been received if the user could expect their arrival in the ordinary course of events. If the user has culpably failed to notify a change of their contact details, they must allow themselves to be treated as if the declaration sent to the address last provided had been received.

The platform distinguishes between two user roles, each with different functions and obligations:

• Housing seekers use the platform to find residential space, create search profiles and application portfolios, and get in touch with providers. They decide independently which data and documents they provide and to which providers they transmit them.
• Providers use the platform to list residential space, receive and manage applications, and organize viewings. They are themselves responsible for the legality of their listings and for handling the applicant data transmitted to them.

Providers are obliged to keep their listings up to date, complete, and accurate, and to deactivate listings concerning objects that are no longer available or that have already been let or sold, or to mark them as taken, without undue delay. WOHNO is entitled to reduce the visibility of, or temporarily or permanently deactivate, listings that are evidently outdated or that the provider fails to update within a reasonable period despite a notice; no refund of any fees for the affected period is granted. Substantive maintenance or updating of provider content by WOHNO is not owed; insofar as WOHNO provides individual update or re-upload assistance, this is done as a goodwill gesture and at most once per calendar quarter per organization. Further support services may be commissioned and remunerated separately.

Providers can assign their account to an organization and invite additional members. The owner or the members of an organization with administrative rights are responsible for the actions of the members assigned to it within the scope of platform use. Where providers process personal data of applicants via the platform, they remain the controller for this under data protection law; the provisions of the data processing agreement apply in addition.

Users are solely responsible for all content they post on the platform – in particular listings, profile and application information, photos, documents, and messages. The user warrants that the content they post is accurate and does not violate applicable law or the rights of third parties.

The user grants us, in respect of the content they post, a simple, geographically unrestricted right of use limited in time to the duration of provision, free of charge, insofar as this is necessary for the operation, presentation, promotion, and further development of the platform. This includes in particular the right to store, technically process, reproduce, and make the content publicly accessible within the platform – including previews and search results. Any further rights of the user in their content remain unaffected.

The user shall indemnify us against all claims by third parties asserted against us due to an infringement of rights by the content they post or by any other unlawful use of the platform, including reasonable costs of legal defense. This does not apply insofar as the user is not responsible for the infringement.

We are entitled to review posted content and to remove, block, or restrict the visibility of content, in whole or in part, that in our reasonable assessment violates these Terms, applicable law, or the rights of third parties. There is no obligation to carry out a prior review.

In particular, the user is prohibited from:

• posting false, misleading, incomplete, or fraudulent information, sham or fake listings, and creating multiple accounts or accounts maintained under a false identity
• posting content that violates laws, official requirements, or the rights of third parties (e.g. copyright, trademark, personality, or data protection rights), as well as discriminatory, offensive, or objectionable content
• the automated reading, copying, or reproduction of platform content (e.g. by scraping, crawlers, or bots) and the collection of user data for purposes unrelated to the platform, in particular for advertising or acquisition purposes
• measures that impair the functionality, availability, or security of the platform, as well as circumventing security, access, or payment mechanisms
• using the platform for purposes unrelated to the platform, in particular for unsolicited advertising, spam, promoting competing offers, or referring contacts outside the platform while circumventing any applicable fees

The contacts established via the platform and the platform-internal functions may not be used to circumvent the platform. In particular, the user is prohibited from deliberately moving a contact initiated via WOHNO to other channels in order to circumvent fees, functional restrictions, or protective mechanisms of the platform, as well as from poaching other users away from the platform.

Also prohibited are the automated or systematic reading, copying, reproduction, or reuse of platform content and databases (e.g. by scraping, crawlers, or bots), the creation of sham or multiple accounts, and any use that is likely to harm WOHNO or other users.

For each case of a culpable breach of the anti-circumvention or anti-scraping prohibition, WOHNO may demand a contractual penalty, the amount of which WOHNO determines at its reasonable discretion and which, in the event of a dispute, may be reviewed by the competent court for its appropriateness. The assertion of damages exceeding this amount and further rights – in particular suspension and termination – remain unaffected; a forfeited contractual penalty is offset against a claim for damages.

WOHNO is entitled, within the scope of functions and accounts provided free of charge, to refer to its own services, functions, and offers to a reasonable extent.

Unless expressly indicated otherwise, the basic functions of the platform are provided free of charge. In addition, we offer paid services and service packages. The applicable prices, scope of services, and billing terms result from the price and service overview valid at the time of booking.

A paid contract is only concluded once the user expressly selects the respective paid service, confirms the obligation to pay, and we accept the booking or provide the service. Before submitting the order, the user is informed about the essential features of the service, the total price, and any contract duration.

Payment is made via the payment methods and payment service providers offered in each case. The user is obliged to provide valid and complete payment data. Unless otherwise agreed, fees are due for payment in advance.

Towards consumers, all price information is understood as final prices including statutory VAT. Towards entrepreneurs, prices are understood as plus the applicable statutory VAT.

If the user is in default with a payment, WOHNO is entitled to demand default interest at the statutory rate as well as compensation for the damage caused by the default, including reasonable reminder costs. The assertion of further default damage remains unaffected; the user reserves the right to prove that no damage or lesser damage has occurred.

In the event of a not merely insignificant payment default, WOHNO is entitled, after prior notice, to suspend the paid services and the functions dependent on them until the outstanding claim has been settled in full. The user's obligation to pay remains unaffected.

The user may only set off against undisputed claims or claims established by a final court decision. A right of retention is only available to the user for counterclaims arising from the same contractual relationship. The user's statutory rights as a consumer remain unaffected.

Claims of the user against WOHNO may only be assigned with WOHNO's prior consent; consent may not be unreasonably withheld. § 354a of the German Commercial Code (HGB) remains unaffected.

Paid services with a fixed term are only renewed insofar as this was expressly indicated at the time of booking and confirmed by the user; in this case, the renewal and termination periods stated there apply. Fees already paid are only refunded in the event of early termination initiated by the user insofar as there is a statutory or expressly agreed obligation to do so.

For ongoing continuing obligations relating to paid services, WOHNO is entitled to adjust the agreed fees once per calendar year with a notice period of at least six weeks in text form. With respect to consumers, an adjustment shall be made exclusively to pass on increased costs — in particular to pass on general price increases as published in the consumer price index of the German Federal Statistical Office, increased expenses for material upstream services (e.g. hosting, database, payment, email, or maps services), or cost increases caused by law — and is limited to the share of these cost increases; if the weighted cost level falls, WOHNO will pass on the reduction accordingly. With respect to entrepreneurs, the adjustment may also be made to align the prices with market and competitive prices for comparable services. If the fee owed by the user increases by more than 5% as a result of an adjustment compared with the most recently agreed fee, the user is entitled to a right of extraordinary termination effective on the date the increase takes effect; we will separately draw attention to this right of extraordinary termination, the applicable deadline, and the consequences of not exercising it in the notice of adjustment. If the user does not exercise the right of extraordinary termination and continues to use the platform after the effective date, the adjustment is deemed accepted.

Consumers are generally entitled to a statutory right of withdrawal for paid distance contracts. The details, the withdrawal period and the model withdrawal form result from our withdrawal instructions.

For contracts for the supply of digital content or digital services, the right of withdrawal expires prematurely if the user, as a consumer, has expressly agreed that we begin performance before the expiry of the withdrawal period and has confirmed their knowledge of the loss of the right of withdrawal. In business dealings with entrepreneurs, there is no right of withdrawal.

We endeavor to keep the platform available with as few interruptions as possible, but do not owe any specific availability unless expressly agreed otherwise. Restrictions or interruptions may arise in particular from maintenance work, further developments, malfunctions, or circumstances outside our control (e.g. force majeure or failures of upstream providers). Where possible, we carry out maintenance work during off-peak times.

A specific availability, response, or recovery time (service level) is not owed unless expressly agreed otherwise in an individual written agreement. In particular, scheduled maintenance and development work and its impact on availability does not constitute a breach of duty; WOHNO is entitled to determine the timing, duration, and scope of such work at its reasonable discretion. Complaints regarding availability must be reported in text form without undue delay to the contact address stated in the imprint after becoming aware of the issue.

WOHNO is not liable for performance disruptions resulting from events of force majeure or comparable extraordinary circumstances beyond WOHNO's control. These include in particular natural events, pandemics and epidemics, war, terrorist or warlike acts, civil unrest, cyber attacks (in particular denial-of-service attacks), failures of the electricity or telecommunications network, failures of material upstream providers or sub-processors (e.g. hosting, database, payment, email, or maps providers), official or court orders, and strikes and lawful lockouts. For the duration and to the extent of the impediment, the performance obligations affected by the impediment of both parties shall be suspended without any claim for damages; WOHNO will inform the user of the existence and the expected duration of such an impediment as soon as reasonably possible. If the impediment lasts longer than 30 consecutive calendar days, both parties are entitled to extraordinarily terminate the part of the contract affected; fees already paid for services no longer rendered thereafter will be refunded on a pro-rata basis, no further claims exist.

Individual functions may be designated as test, beta, or preview functions. These are provided without warranty for any specific quality, availability, or freedom from defects and may be changed or discontinued at any time. Liability for such functions exists only in accordance with the provisions on liability and otherwise only for intent and gross negligence.

We are liable without limitation for damages arising from injury to life, body, or health, for intent and gross negligence, for maliciously concealed defects, and under the provisions of the German Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for damages caused by slight negligence is excluded. For services provided free of charge, we are only liable for intent and gross negligence.

With respect to entrepreneurs, legal entities under public law, and special funds under public law, our liability for damages caused by slight negligence — including in case of a breach of material contractual duties — is, in addition, limited in amount to the net fees actually paid by the affected user to WOHNO for the affected service in the twelve months preceding the event causing the damage. For services provided free of charge, liability towards entrepreneurs for slight negligence is excluded. Liability for lost profits, indirect damages, and consequential damages towards entrepreneurs is excluded in case of slight negligence.

The foregoing limitations of liability do not apply to damages arising from injury to life, body, or health, to intent and gross negligence, to defects fraudulently concealed, to claims under an expressly assumed guarantee, or to claims under the Product Liability Act. The statutory rights of the user as a consumer remain unaffected.

With respect to entrepreneurs, claims for damages against WOHNO — irrespective of their legal basis — become statute-barred, in derogation from the statutory periods of limitation, after twelve months from the time at which the entrepreneur becomes aware, or but for gross negligence ought to have become aware, of the circumstances giving rise to the claim and of the identity of the obligor, but no later than two years from the time the claim arose. The statutory periods of limitation remain unaffected for claims arising from intent and gross negligence, from injury to life, body, or health, from claims under the Product Liability Act, and from claims under an expressly assumed guarantee. With respect to consumers, only the statutory periods of limitation apply.

We assume no liability for content, information, and declarations of users, nor for the conclusion, content, and handling of contracts between users. As we act merely as an intermediary platform, we owe neither the accuracy of listings and application portfolios nor the success of an intermediation. Contact and contract initiation take place at the users' own risk; each user is advised to verify the information of the respective other party independently.

Providers shall indemnify WOHNO against all claims that third parties – in particular housing seekers or applicants – assert against WOHNO due to a violation of statutory provisions by the provider, including reasonable costs of legal defense. This applies in particular to violations of the German General Equal Treatment Act (AGG), to incorrect or misleading information in listings, and to unlawful handling of the applicant data transmitted to the provider. The indemnification obligation does not apply insofar as the provider is not responsible for the infringement.

If disputes arise between users in connection with a relationship initiated via the platform, these are to be resolved exclusively between the users involved. WOHNO is not a party to this, does not owe any mediation or arbitration, and assumes no liability for the content, handling, or outcome of the contracts concluded between users.

We are not liable for the loss of data insofar as this is due to the user having failed to back up data at reasonable intervals and thereby ensure that lost data can be restored with reasonable effort. The foregoing limitations of liability also apply for the benefit of our legal representatives and vicarious agents.

The free platform usage contract is concluded for an indefinite period. The user may terminate it at any time without notice by deleting their user account. We may ordinarily terminate the free usage contract with a reasonable notice period of at least 14 days in text form.

For paid services, the terms and notice periods stated at the time of booking apply. The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular in the event of serious or repeated breaches by the user of these Terms or of applicable law.

In the event of a breach of these Terms or of applicable law, we are entitled – in addition to the right of termination – to remove individual content, restrict functions, or temporarily suspend the user account. In doing so, we choose the mildest suitable means in each case, taking into account the legitimate interests of the user.

Information on the processing of personal data can be found in our privacy policy.

WOHNO is entitled to use the data arising in the course of platform use in anonymized or aggregated form – i.e. without any personal reference – permanently and without time limitation for its own purposes. This includes in particular the creation of market, trend, and statistical analyses, the analysis of usage behavior, and the creation of reports and benchmarks.

WOHNO is further entitled to use such anonymized or aggregated data to ensure operations, to further develop and improve the platform and its functions, and to develop, train, and improve algorithms and AI-assisted features.

The rights arising in the anonymized and aggregated analyses, as well as in the insights, databases, and models developed from them, belong exclusively to WOHNO.

The processing of personal data is governed exclusively by our privacy policy and the legal bases stated therein. Insofar as consent is required for individual processing operations, this remains unaffected; WOHNO's right to use anonymized and aggregated, non-personal data exists independently thereof.

As long as a provider maintains, or has maintained within the last twelve months, an active paid contractual relationship with WOHNO, WOHNO is entitled to use the provider's name, logo, and publicly available brand material in customary and restrained form as a customer reference on its own website, in presentations, pitch decks, investor materials, and other marketing materials. Any advertising use beyond mere reference naming — in particular the reproduction of statements or quotes by the provider, or advertising with specific transaction successes — only takes place after separate agreement in text form.

The provider may object to the reference naming at any time in text form addressed to WOHNO. Following such objection, WOHNO will remove the reference without undue delay from directly controllable channels (in particular its own website and digitally distributed materials). There is no obligation to subsequently remove references from materials already printed or already distributed to third parties (e.g. print materials, conference handouts). The provisions in this section do not apply to consumers; in relation to consumers, the name will only be used as a reference following separate consent.

We reserve the right to amend these Terms with effect for the future insofar as this is necessary for valid reasons – such as a change in the legal situation, supreme court case law, technical developments, or an expansion of the range of services – and the user is not unreasonably disadvantaged thereby. We will inform the user of changes in text form, as a rule by email, in good time before they take effect. If the user does not object within six weeks of receipt of the notice of change and continues to use the platform, the amended Terms are deemed accepted; we will point this out separately in the notice of change. If the user objects in good time, the contract will be continued under the previous conditions; in this case, both parties remain entitled to ordinary termination.