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mietwise Terms & Conditions

Please email us at hello@mietwise.com, or send us a letter to Rentseed UG, Kantstraße 23b, 80807, Munich, Germany.

Preamble

Rentseed UG (hereafter called "mietwise") provides technical services in connection with the conclusion of a rental deposit product between the customer and MANGOPAY SA. mietwise is neither a credit institute nor a financial services company according to the German Banking Act (Kreditwesengesetz, KWG).

1. Scope

The present general terms and conditions ('T&C'), along the with the Deposit Terms & Conditions ('DT'), apply to using the service of mietwise. Provider of the mietwise User interface, the contractual partner of these terms is Rentseed UG.

The services of mietwise can be used by Landlords, Tenants and Platforms, who are either natural or legal persons (hereafter also called "Users'). The T&C apply exclusively; general terms and conditions of the User do not apply either when he / she explicitly refers to them in the course the registration or in any other way.

2. mietwise Service

2.1. mietwise offers an online application, which is an optimized, User friendly and transparent open-API-solution for the connection to platforms of financial service providers or other third-party providers to offer a rental deposit solution and any other service which may complement the management of a rental property. Thereby, mietwise provides Users an app- and browser-based User interface, with the result that these can manage and administer their rental deposits in one place, from getting a fast overview of rental deposits held and the processing of any related payments, to any other supplementary value added features and services.

2.2. Through the mietwise interface, Users have access to distinct services and functions - like financial services, analytical tools or other add-on services - are thereby not provided by mietwise itself, but by third-party providers, which deliver these in their own responsibility and according to their respective terms of use. The terms of use of the respective providers are made available to the User in connection with the activation of the respective function.

2.3. Nominally mietwise itself does not deliver any financial or payment services, but solely facilitates over the User interface the connection and online-access to platforms of financial service providers, especially of our payment partner MANGOPAY SA.

2.4. Prerequisite for the use of the mietwise service is the conclusion of a contract regarding the set-up and usage of a payment account with MANGOPAY SA. mietwise enables the online banking for this account to the Users through the usage of the provided app- or browser-based User interface.

2.5.

3. Registration / set-up of account

3.1. The usage of the mietwise service requires successful registration as a User. For the purpose of the registration, mietwise collects the following data for a natural User; e-mail address; pre- and surname; country of residence; nationality; and birthday. And the following for a, legal User; Generic business e-mail address; business name; e-mail address of legal representative; pre- and surname of legal representative; country of residence of legal representative; nationality of legal representative; and birthday of legal representative.

3.2. Login-data is generated in the course of the registration. This consists of a Username, which is identical to the given e-mail address as well as a password. The e-mail address is verified during the registration.

3.3. Prerequisite for the usage of the mietwise service is the conclusion of a contract regarding the set-up and usage of a payment account with MANGOPAY SA ("Mangopay payment service contract'). mietwise facilitates the User to conclude the Mangopay payment service contract online. Therefore, the necessary data for the verification of the account application of MANGOPAY SA is queried in the course of the registration process, especially information about the registered office address and legal representative address. The necessary identification according to the money-laundering act is also possible online by means of the Know Your Customer ("KYC') process conducted by MANGOPAY SA.

3.4. All matters concerning money-laundering fall under the responsibility of the Mangopay payment service contract, for which the below link provides all necessary information. However, mietwise as a partner of MANGOPAY SA undertakes to use its best efforts to enable MANGOPAY SA to carry out a thorough review of transactions, to inform it of any transaction that is exceptional in relation to the usual transactions processed within the framework of these T&C, and to provide it on first demand with any requested document or data.

3.5. Further to its Partnership Agreement with MANGOPAY SA, mietwise shall comply with all monitoring requirements regarding Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF) rules and regulations. It shall install and carry out permanent internal monitoring procedures according to its own permanent risk control plan.

3.6. For the contractual relationship of the User with MANGOPAY SA the terms and conditions of MANGOPAY SA apply.

3.7. There is no entitlement for the conclusion of a User contract with mietwise or conclusion of an account contract with MANGOPAY SA.

4. Account payment processing

4.1. Users are required by default to make all payments via a Direct Debit. However, in the instance that a User wishes to make a payment via bank wire, the User is required to pay an additional fee, which is equal to 1.00% of the deposit value paid.

4.2. Each Direct Debit payment made by a User is restricted in value to 3.000,00 €. In the instance that a deposit exceeds this value, the User is required to either distribute the value of the Direct Debit payment over a number of payments, or alternatively make payment via bank wire. This will incur an additional fee, which is equal to 1.00% of the deposit value paid.

4.3. In the instance that a User makes payment via a Direct Debit, the User notes that they forfeit their right to request a chargeback in the case that they have not done so within 5 days of initiating a Direct Debit mandate.

5. Responsibility for login-data

5.1. The User has to keep the login-data, including the password, secret and give unauthorized third parties under no circumstances access.

5.2. The User is obligated to ensure that access to the mietwise User interface and usage of the functions and services is only made by the User or by the User authorized persons. If there are reasons to fear that unauthorized third parties gained or will gain knowledge of the login details, mietwise (hello@mietwise.com) needs to be informed immediately.

5.3. The User is fully responsible for all usage and / or other activities on the mietwise User interface, which is done through his / her login-data. The User is liable for all damages done through unauthorized usage of third parties unless the User cannot be held responsible.

6. Change of User data

6.1. The User must inform mietwise immediately through adjustments of the corresponding information on the User interface about changes in the information the User made and confirmed at the point of registration and account opening regarding his / her person or the company.

6.2. In certain cases, eg. change of the name or the legal form, a new identification according to the money-laundering act may be necessary. This is also shown to the User in the course of the respective change.

7. Availability of User interface

7.1. mietwise is providing the Users the User interface according to these terms of use. An entitlement of using the User interface and the functionalities only exists in the course of the respective terms of use. mietwise reserves to only provide the User interface for chosen operating systems and / or certain versions of it.

7.2. In addition, mietwise is entitled to limit the possible usages provided through or by the User interface towards the Users, if this is necessary with regards to capacity limits, the security or the integrity of the servers or for the conduct of technical measures. To the extent possible and reasonable, mietwise informs the Users regarding these limitations.

7.3. However, mietwise will try to offer unlimited availability of the mietwise service, but cannot always guarantee it.

7.4. The User is responsible for the establishment of the technical requirements necessary for the contractual usage of mietwise services in the sphere of influence of the User (especially hardware, web-browser and internet access). Advice concerning this matter are also not subject of the service of mietwise.

8. Changes of functionalities

8.1. mietwise reserves within reasonable limits and with regard to justified interests of Users to introduce changes or improvements of services against payments, whereby the essential of the respective function remains unchanged and at most constituent margin functions in the course of other changes or improvement are cancelled without replacement.

8.2. At any time, the free of charge functions on the User interface can be changed, stopped or only offered against payment and mietwise can offer new functions for free or against payment.

9. Intellectual property

9.1. Every usage, reproduction, copy, distribution of one or more elements of the User interface for other purposes other than the conduct of the contract is forbidden.

9.2. All contents of the applications, particularly the domain-name, the texts, charts, graphics, photos, drawings, tones, pictures, audio- and video content, but also the functions, the tree structure, the navigation plan, the conception and organization of the sections, their present or future titles (hereafter collectively "mietwise content') are protected through industrial property rights or copyrights, which appertain or belong to mietwise or which mietwise owns or claims from the authorization of the respective copyright holder.

9.3. All content provided by mietwise remains mietwise's property or the property of the respective copyright holder. Licenses or other rights of any form, especially of copyrights and industrial property rights like inventions, patents, utility models, know-how or brands, also as far as these rights are embodied in the mietwise content are neither entitled nor conferred to the User. As far as it is necessary to carry out the contract purpose, the User is given a non-exclusive, non-transferable, not sub-licensable and on the contract term temporary limited usage right of the foregoing rights, exclusively for the conduct and achievement of the contract purpose. All other usages, reproductions or presentations are only permitted with explicit prior approval of mietwise.

10. Liability

10.1. mietwise services and functions - financial services, analytical tools, or other add-on services - are not provided by mietwise itself, but from third-party providers, which deliver these in their own responsibility. A verification of accuracy and topicality of the offered contents of the providers does not take place. mietwise is therefore not responsible for these contents. As far as mietwise causes possible errors, mietwise is liable under following conditions.

10.2. mietwise is liable for indemnity according to the legal provisions, as far as nothing different is determined in the following. For breach of duty - no matter from which legal reason - mietwise is responsible for intent and gross negligence. Subject to a more lenient standard of liability according to legal regulations mietwise is only responsible for ordinary negligence;

10.2.1. or damages from injuries of the life, the body or the health; and

10.2.2. for damages from violation of a significant contractual obligation (obligations, which enable the fulfillment of the proper conduct of the contract and whose fulfillment the User relies on and can rely on regularly.

10.3. In regards to funds received by MANGOPAY SA and held in accordance to the Mangopay payment service contract, User funds are held separately in a ring-fenced account in compliance with the requirements concerning safeguarding of funds in accordance with the Law of November 10, 2009 governing payment services, the activities of E Money Institutions and the definitive payment through the payment systems and the delivery systems of financial instruments. The above limitations of liability also apply for breaches of duty of persons, whose culpabilities mietwise has to represent according to legal regulations.

11. Payment processing

11.1. The User is informed about the amount of all User fees in the course of the registration or - in the case of subsequent activation of additional functions - in the course of the respective activation. As far as not agreed on differently in the individual case, regularly incidental User fees for a specific accounting period need to be paid no later than the beginning of the respective accounting period in advance.

11.2. Hereby, the User confirms that he / she agrees on receiving the invoice in electronic form. It is pointed out that the Users themselves are responsible for the proper storage of the invoices (e.g. for input tax deduction).

12. Duration and termination / blocking of User account

12.1. The User contract is concluded for an undefined period.

12.2. The User can terminate the User contract without complying with a cancellation period. A termination of the User relationship is possible directly over the User interface.

12.3. mietwise can terminate a User contract with a term of 14 days at any time without giving reasons. During the duration of the Mangopay payment service contract a termination by mietwise is excluded, i.e. mietwise enables the Users the online usage of the Mangopay payment account through the usage of the User interface during the duration of the Mangopay payment service contract. In the course of a partial termination though, mietwise reserves to limit the mietwise services to functions necessary for the online access of the Mangopay payment account and to end the contract for other functionalities and services.

12.4. With the termination of the Mangopay payment account the present User contract also ends automatically, without a need of a cancellation, as long as the parties haven't explicitly agreed on another legal consequence.

12.5. mietwise is also authorized for a termination of the User contract, when the concluded cooperation between mietwise and MANGOPAY SA ends, regardless if the Mangopay payment service contract also ends at the same time. As far as possible, mietwise will hereby comply with the period of notice determined in previous paragraph (3). In case of a termination of the cooperation with MANGOPAY SA it may be potentially possible to continue the mietwise services in connection with a giro account of another bank- and / or financial partner mietwise is cooperating with.

12.6. The right of both parties to terminate the contract out of important reasons according to \u00a7 314 BGB remains untouched.

12.7. If one of the Users breaches this T&C, legal provisions or third-party rights, mietwise is authorized to caution the User and to exclude the User temporary from all or individual services of the User interface if necessary. The same applies if mietwise has another justified interest in the mentioned actions, especially for protection of the provider or other Users from fraudulent intentions. The choice and the application of the mentioned activities are in the reasonable discretion of mietwise. However, mietwise will reasonably take the justified interests of the affected Users into account. In particular, by consideration of the mutual interests mietwise will take into account how the affected User can be blamed with regard to a possible breach.

13. Final provisions

13.1. The changed conditions will be sent to the Users by e-mail, no later than four weeks before their entry into force. If a User does not object to the validity of the new terms of use within four weeks of receipt of the e-mail informing about the new conditions of use, the changed terms of use are considered as accepted. mietwise will separately highlight to the User the significance of this four-week period and its behavior (silence or contradiction) in the e-mail, which contains the changed terms of use.

13.2. mietwise collects, processes and uses data from Users according to regulations on data protection, which can be found under Privacy.

13.3. The law of the Federal Republic of Germany applies to these terms of use and the contractual relationship with the User, with the exclusion of the law of conflict, as well as the exclusion of all international and supranational (contractual) legal orders.

13.4. The court of jurisdiction for all disputes arising from the contractual relationship is Munich, Germany. However, mietwise is entitled to take legal action at the general court of the User. Correct as of November 1st, 2018.