Hypofriend Terms of Use

1. General

1.1. These terms of use regulate the services that we, Hypofriend GmbH, provide exclusively to natural persons (you), including through your user account. You can access your user account at Hypofriend.de and Pensionfriend.de. The functions we offer as part of this service are set by us and can be adapted, expanded, and restricted. We are working on extensions rather than restrictions. We want to offer you the best user experience.

1.2. Only these Terms of Use apply. Terms and Conditions deviating therefrom will not be respected.

1.3. Contractual conditions are not retained by us for you. Please note that we are neither willing nor obliged to enter into dispute resolution proceedings before a consumer arbitration board.

2. Extent of Services

2.1. Our services provided through the user account, include the uploading of personal information, document management, calculators and recommendation engines that remember your information, providing general information and communication channels. All information and services offered in the user account should help you find and finance a home to own and/or rent out, and to manage your finances and insurances. In simple steps you can, for example, evaluate your housing budget and initial financing options and review different scenarios. The information also enables us to be more effective and concise in providing our advice.

2.2. The user account and the functions associated with it do not constitute advice, binding offers, loan brokerage agreements or insurance contracts. The use of the user account and the functions associated with it are the user's own responsibility and only serve to provide the user with information. The website, user account and the functions associated with it cannot fully respond to the individual needs and circumstances of the user and therefore they do not constitute and cannot replace individual advice. Any customer-specific advice is provided personally by Hypofriend's consultants.

2.3. We cannot provide any guarantee or accept any liability for information, for content from Hypofriend partners or other users, or for particular availability or functionality of the Hypofriend website. We are allowed to modify, add or delete the content available through the website or user account without providing reasons. It is your responsibility to back up your data for yourself as necessary.

2.4. The use of our services under the user account is only permitted if the user accepts the present terms and conditions.

3. Registration Conditions, Contract Term and Termination

3.1. You enter into a contract with us and your user account is created, when we confirm your enquiry.

3.2. You commit to providing accurate, current and complete information during registration and keep this information up to date. The willful provision of incorrect information is prohibited.

3.3. Registering multiple times under different email aliases is strongly discouraged. In this case, we are allowed to delete your account(s) and to block you from using our services. Registering again is prohibited if we have terminated your account.

3.4. User accounts are not transferable, and the login details may only be used by the user in person to whom they were allocated by us. We may in the future provide you with the option to share your account with your partner. Documents that you provide through your user account, cannot be accessed by you, and you can only see the status, as an additional form of protection. You are required to inform us immediately if you become aware that your account or your email has been misused or compromised. We assume no liability for unauthorized access of third parties through the user's technical devices.

3.5. User accounts do not have a fixed term. They may be terminated by us at any time and with immediate effect. The user can log out and stop using the user account at any time.

4. Conditions of Use, User Obligations, Intellectual Property

4.1. You must have full legal capacity.

4.2. You may not use our services for commercial purposes, e.g. commercial provision of goods or services, or for advertising purposes, without our prior consent.

4.3. By passing material on to us which is protected by copyright or subject to other intellectual property rights, you grant us a non-exclusive, temporally unlimited, worldwide limited right to use this material as far as is necessary to provide the services agreed with you. In particular, this right of use includes the right to save and evaluate this material and the right to pass it on to a Hypofriend partner.

4.4. Hypofriend grants the user of the user account a non-transferable right to use the information and documents provided to the extent agreed upon or, if nothing is agreed upon, as it corresponds to the purpose pursued by us.

4.5. The information, software and documents we provide are protected by both national and international copyright laws and agreements as well as by other laws and agreements on intellectual property. The user will respect these rights.

4.6. Information, documents, brands and other content of the user account may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without our prior written consent.

4.7. Beyond the rights of use or other rights expressly granted under these terms, the user will not have any further rights of any kind, in particular to the company name or any industrial property rights, such as patents, models or brands.

4.8. While using our services, you commit to observing all relevant laws and to not violate third party rights. In the event of a breach of these obligations the user is obliged to compensate us for damages incurred. We do not carry out any prior checking of user data. However, we reserve the right to block access or delete data at any time if we become aware or suspect that any piece of data is in breach of the above mentioned obligations.

4.9. Hypofriend GmbH has a claim against the user for immediate release from claims of third parties which these make because of the assertion of a violation through the user. The user is obliged to support the provider in the defense of such claims. The user is also obliged to bear the costs of a reasonable legal defense of the provider.

5. Limitation of Liability

5.1. We are liable for damages caused to you only to the extent that (1) they were caused intentionally or grossly negligently by our lawful representatives, employees or agents; (2) the damages are the result of death, bodily injury or health impairment due to breach of duty by our lawful representatives, employees or agents; (3) such liability exists under the German Product Liability Act (Produkthaftungsgesetz) or a contractual guarantee, or damages were the result of fraudulent misrepresentation by our lawful representatives, employees or agents; and/or (4) damages were caused by breach of an essential contractual obligation- i.e. ann obligation which is required for implementing this contract and on the fulfillment of which the contracting parties can normally rely on (Material contractual obligations / Kardinalpflichten).

5.2. Our liability is unlimited in cases (1), (2) and (3) under section 5.1 above; otherwise, our liability is limited to foreseeable and typical contractual damages. We are in particular not liable for (i) the failure of the user account due to technical or other problems that are not within our sphere of influence.; (ii) for damage resulting from the portal being unavailable; (iii) for loss of data and information in the user account and do not guarantee reconstruction of this data and information. We assume no responsibility for the text entered by the user.

5.3. In all cases other than those described under section 5.1, and irrespective of the following section 5.4, we assume no liability.

5.4. The preceding limitations of liability apply correspondingly to the personal liability of our lawful representatives, employees and agents. This does not change the burden of proof.

6. Data Protection, External Links

6.1. We take the protection of your personal data very seriously. You can find information on how we handle your personal data in our Privacy Policy.

6.2. Your user account and our website may contain links to external websites and offers from Third Parties. We use these links to provide you with easier access to information, products or offers which you might find useful or interesting. We are not responsible for the contents of these websites or any offers provided on them and we do not guarantee this information being permanently available.

7. Changes to the Terms of Use

7.1. We may modify the agreed Terms of Use, either with your consent or when you are considered to have given your consent under the provisions stated below.

7.2. If we intend to change the Terms of Use, we will notify you in writing (e.g. by email) at least two weeks before the proposed effective date. If you do not object in writing within two weeks of receiving this notification, you will be considered to have given your consent and the change will be made on the proposed effective date. This will be specifically emphasized in the notification. The current version of the terms of use is available on the website.

8. Final Provisions

8.1. These Terms of Use are subject to German law and explicitly exclude the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2. Should any provision of this agreement prove to be totally or partially ineffective, the remaining provisions shall remain in effect. Not exercising rights on our part does not constitute a waiver of such.

As of June, 2022