Terms and Conditions

§1 Scope and Subject Matter

(1) Platform Operator

(2) Subject of the Platform

Findyo operates an online apartment referral platform for apartment referrers and apartment seekers. The platform enables tenants to commission apartment referrers for their apartment search.

(3) Applicability of Terms

These General Terms and Conditions apply exclusively to the use of the Findyo platform. Deviating, conflicting, or supplementary general terms and conditions of users shall not become part of the contract unless their applicability is expressly agreed to in writing.

(4) Legal Clarification

IMPORTANT: Findyo is exclusively a platform and will never be a contractual party between users. All business relationships arise directly between users.

§2 Formation of the Platform Usage Contract

(1) Registration

Use of the platform requires registration. By registering, the user enters into a platform usage contract with Findyo, which exclusively covers the technical provision of the search platform.

(2) Contract Formation

• The registration form constitutes an offer by the user
• The contract is formed upon receipt of the confirmation email from Findyo
• There is no entitlement to registration
• Findyo may reject registrations without stating reasons

(3) User Types

Tenant:

Creates search profiles with defined rewards and receives referred contacts from other users.

Finder (Referrer):

Submits contact referrals for apartments and receives the agreed reward upon successful conclusion of a rental agreement by the tenant. Finders do not engage in brokerage activities within the meaning of § 34c GewO (German Trade Regulation Act – real estate brokerage license requirement).

(4) Minimum Age

Use of the platform is permitted exclusively to persons of legal age (18 years and older). By registering, the user confirms that they have reached the age of 18.

§3 Services and Platform Functionality

(1) Search Process

Tenants create search profiles:

• Definition of the desired apartment
• Setting of the reward
• Specification of relevant criteria

Referrers submit contacts:

• Submission of qualified contact referrals for apartments
• Provision of relevant information about the apartment
• NO active search activity between tenants and landlords

Review and confirmation:

• Tenants review submitted contacts
• Upon successful search, payment is released

Findyo's service provision begins with the provisional acceptance of a search by the tenant. From that moment, Findyo provides the technical infrastructure for escrow, communication, documentation, and proof management.

(2) Escrow Service (Automatic Standard Process)

Every search case is mandatorily processed through Findyo's automatic escrow process:

• Tenants load their balance in the amount of the finder's fee no later than upon acceptance of a matching search.
• The finder's fee is immediately and exclusively reserved in escrow for this specific search.
• The amount remains locked until confirmation of the rental agreement signing and cannot be used otherwise.
• Once tenants confirm completion, the reserved amount is automatically transferred to the Finder's balance.
• If no search is successful, tenants may cancel the search; the finder's fee is released and available for new searches or (minus a 2.2% processing fee) for refund.

(3) Technical Provision

Findyo provides exclusively the technical infrastructure:

• Hosting of the platform
• Provision of search functions
• Communication tools between users
• Payment processing via third-party providers

(4) No Own Service Provision

Findyo does not broker or provide apartments or contacts itself. The platform serves exclusively as search infrastructure between users.

(3) Distinction from Brokerage Activity

Referrers do NOT engage in brokerage activities within the meaning of § 34c GewO (German Trade Regulation Act). Their role is limited to:

• Passing on a contact referral for an apartment
• Establishing initial contact between tenant and landlord
• NO negotiations between the parties
• NO active accompaniment of the rental process
• NO representation of either party

The referrer acts as a private individual who establishes a contact from their personal network. This does not constitute professional real estate search activity.

§4 User Obligations

(1) Truthful Information

Users are obligated to provide truthful, complete, and current information during registration and when using the platform. This includes in particular:

• Personal data (name, email, phone)
• Payment information
• Contents of search profiles and contact offers

(2) Duty of Care for Tenants

Tenants commit to:

• Creating only serious search profiles
• Setting realistic rewards
• Reviewing submitted contacts promptly (within 7 days)
• Rejecting or accepting contacts for legitimate reasons
• Releasing payment upon successful search
• Keeping uploaded documents and search profile information complete, accurate, and current

The tenant declares that all uploaded documents and information provided are complete, accurate, and current. If the tenant violates this obligation, a full refund of deposited balance is excluded.

IMPORTANT: If the tenant has signed the rental agreement, they are obligated to complete the search immediately. A cancellation issued thereafter constitutes a breach of contract and may result in civil or criminal consequences.

Finders who suspect such a breach of contract may contact support@findyo.de with all relevant information. Upon request, we provide verified logs, timestamps, and communication records that may be used as evidence for filing a report.

(3) Duty of Care for Finders

Finders commit to:

• Submitting only qualified and relevant contacts
• Not providing false or misleading information
• Obtaining consent from the referred persons
• Complying with data protection regulations

(4) Prohibited Actions

The following actions are expressly prohibited:

• Creating multiple accounts by the same person
• Manipulation of ratings or the search system
• Attempting to process payments outside the platform
• Sharing login credentials with third parties
• Using the platform for fraudulent purposes
• Harassment, threats, or discrimination of other users
• Distribution of unlawful, defamatory, or offensive content

(5) Ratings and Feedback

After completion of a search, Findyo and other users may request ratings, comments, and reviews. Ratings must be factual, truthful, and free of defamatory criticism. Manipulation (e.g., multiple accounts, collusion, or purchased reviews) is prohibited.

• Findyo may moderate, shorten, hide, or delete ratings if legal requirements are violated.
• Users grant Findyo a simple, unlimited license in time and territory to use ratings within the platform, for rankings, quality assurance, and marketing purposes.
• Ratings may affect the visibility of tenants or Finders. Violations may result in account suspension.

(6) Communication, Support, and Logging

All communication via chat, support tickets, reports, or email may be logged, automatically analyzed, and evaluated for moderation, security, or evidentiary purposes.

• Users commit not to misuse communication channels for spam, threats, advertising, or circumventing the escrow system.
• Findyo may restrict or suspend accounts, chats, or individual functions at any time if communication guidelines are violated.
• Logs may be disclosed to involved users, authorities, or courts in case of dispute, where there is a legitimate interest.

(7) Phone and Identity Verification

Findyo may require phone or identity verification at any time. SMS codes, reCAPTCHA, and third-party services (e.g., Google Firebase, Stripe) are used for this purpose.

• Users must provide their phone number in international format and confirm the code sent within the deadline.
• Without successful verification, searches cannot be accepted or payouts cannot be processed.
• False information or removal of verification may result in account suspension and freezing of balance.

(8) Compliance with Legal Regulations and Platform Rules

Users are obligated to comply with the rules communicated on the platform (in particular the Finder Guide, off-market confirmations, search order and cooperation rules) as well as all applicable legal regulations. This applies in particular to the Wohnungsvermittlungsgesetz (WoVermittG – German Apartment Referral Act) and – where applicable – the Gewerbeordnung (§ 34c GewO – German Trade Regulation Act).

• Violations of platform rules or legal referral regulations are solely the responsibility of the respective user.
• Findyo does not monitor every individual referral action and is not obligated to pre-check the legality of specific transactions between users.
• Users shall indemnify Findyo against third-party claims arising from their violations of referral law or platform rules.

§5 Payments and Fees

(1) Rewards

The amount of the reward is determined exclusively by the tenant. Findyo has no influence on the amount of the reward and is not a party to the agreement between tenant and Finder.

(2) Platform Fees

Fee structure (all prices incl. VAT):

• 0% fees when loading balance
• 0 EUR fees when creating a search
• 15% commission on standard payouts (for Finders)
• 17% commission on instant payouts (within 24h)
• 1.5% refund fee on refunds of deposited balance

(3) Payment Processing

Payments are processed via certified payment service providers:

• Credit card (Visa, Mastercard, American Express)

Findyo does not store complete payment data. Payment processing is handled via PCI-DSS-compliant third-party providers.

(4) Payouts to Finders

Payouts are made after successful search:

• After release by the tenant
• Deduction of platform fee (15% standard or 17% instant)
• Standard processing time: 3-5 business days
• Instant payout: Within 24 hours (for an additional fee)
• Minimum payout amount: 10.00 EUR

(5) Refunds

Refunds to tenants are made in the following cases:

• Cancellation of search profile before contact search
• Rejection of all submitted contacts
• Non-fulfillment by Finder
• Processing fee: 1.5% of the refund amount
• Processing time: 5-10 business days
• Free refunds only for proven system errors by Findyo

A full refund is excluded if the tenant has violated the obligation regarding accuracy and completeness of their information and uploaded documents (§ 4 para. 2).

Alternatively, the balance may remain free of charge on the user account and be used for future searches.

Valid Reason – Definition

§5a Cancellation by the Tenant

Free cancellation is possible if the tenant demonstrates a valid reason. Valid reasons are exclusively:

• Job loss – proven by termination notice or settlement agreement
• Illness – proven by medical certificate
• Death – in the immediate family (parents, siblings, partner, child)
• Proven inactivity of the Finder – no contact and no apartment suggestions within 7 days after start of referral

No valid reason exists in the case of:

• Independently finding an apartment via third parties or direct contact with landlords
• Change of personal preferences
• Lack of interest without demonstrable reason
• Failure to respond to messages from the Finder

(6) Stripe Connect and Payout Conditions

Payouts to Finders are made exclusively via Stripe Connect. By using the platform, Finders consent to Findyo sharing personal data with Stripe to fulfill legal KYC/AML obligations.

• Finders must complete Stripe Connect onboarding, provide all requested identity documents, and confirm their bank account.
• Findyo and Stripe may block, delay, or reverse payouts if there is suspicion of fraud, missing documents, or open disputes.
• Platform fees (15% standard, 17% instant) as well as refund fees (1.5%) are automatically withheld before payout.
• In case of violation of payout or identity requirements, Findyo may suspend the account and freeze the balance until clarification.

(7) Platform Fee on Reclaims by the Tenant

Findyo's platform fee becomes due as soon as the agreed technical service for the specific search has been provided and payout to the Finder has been initiated.

• If a tenant reclaims the commission paid to the Finder – in particular due to violations of the WoVermittG (German Apartment Referral Act), the Bestellerprinzip (ordering party principle), unlawful apartment referral, or because the finder's fee was processed outside the platform – the platform fee paid to Findyo nevertheless remains due.
• A tenant's reclaim against the Finder does not release the Finder from paying the platform fee to Findyo. The Finder bears the risk of unlawful referral activities and any repayment claims by the tenant alone.
• Findyo does not refund already withheld platform fees if the tenant demands repayment of the commission from the Finder or if a dispute arises between users regarding the legality of the referral.

§6 Liability and Limitations of Liability

(1) Liability of Findyo

Findyo is liable in accordance with statutory provisions:

• In cases of intent and gross negligence
• In cases of culpable injury to life, body, or health
• Under the Produkthaftungsgesetz (Product Liability Act)
• In case of breach of essential contractual obligations (cardinal duties)

(2) Limited Liability for Slight Negligence

In case of slightly negligent breach of cardinal duties, liability is limited to the typical, foreseeable damage under the contract. Otherwise, liability for slight negligence is excluded.

(3) Exclusion of Liability for User Conduct

Findyo is not liable for:

• Quality, accuracy, or completeness of search profiles
• Quality or suitability of referred contacts
• Conduct of users among themselves
• Fulfillment of agreements between users
• Damages from non-fulfillment of searches
• Loss of data due to force majeure
• Violations by users of platform rules, in particular off-market and search order rules
• Violations by users of the WoVermittG (German Apartment Referral Act), GewO (Trade Regulation Act), or other referral regulations
• Reclaim claims by tenants against Finders due to unlawful or impermissible referral

(4) Exclusion of Liability for Violations of Referral Law

If users act contrary to platform rules or against legal provisions on apartment referral – in particular against the WoVermittG (German Apartment Referral Act) – Findyo is not liable for resulting damages, fines, repayment claims, claims for damages, or other legal consequences. Responsibility for the lawful conduct of the referral lies exclusively with the involved users.

(5) Exclusion of Liability for Third-Party Content

Findyo assumes no responsibility for:

• Content created or uploaded by users
• External links or third-party websites
• Payment processing by third-party providers (Stripe, PayPal)

(6) Indemnification

Users shall indemnify Findyo against all third-party claims arising from unlawful use of the platform by the user. This also includes the costs of legal defense.

§7 Data Protection

(1) Data Processing

Findyo processes personal data of users exclusively within the framework of applicable data protection laws, in particular the DSGVO (GDPR – General Data Protection Regulation). Details on data processing are set out in the Privacy Policy.

(2) Purpose Limitation

Data is processed exclusively for the following purposes:

• Provision of the platform
• Payment processing
• Communication with users
• Fraud prevention and security

(3) Disclosure of Data

Personal data is not disclosed to third parties, except:

• To fulfill contractual obligations (e.g., payment service providers)
• Where legally required
• With express consent of the user

(4) User Rights

Users have the following rights under the DSGVO (GDPR):

• Right of access (Art. 15 DSGVO/GDPR)
• Right to rectification (Art. 16 DSGVO/GDPR)
• Right to erasure (Art. 17 DSGVO/GDPR)
• Right to restriction of processing (Art. 18 DSGVO/GDPR)
• Right to data portability (Art. 20 DSGVO/GDPR)
• Right to object (Art. 21 DSGVO/GDPR)

Requests may be directed to support@findyo.de.

§8 Intellectual Property and Usage Rights

(1) Rights to the Platform

All rights to the platform, including design, logo, software, texts, and other content, belong to Findyo or its licensors. Use of this content is permitted exclusively within the scope of intended platform use.

(2) User-Generated Content

By uploading content (search profiles, profile pictures, messages), the user grants Findyo a non-exclusive, worldwide, royalty-free license to display and distribute this content within the platform.

(3) Responsibility for Own Content

Users are themselves responsible for content they create and guarantee that it:

• Does not infringe third-party rights (copyright, trademark, personality rights)
• Does not violate applicable law
• Does not contain defamatory, insulting, or offensive content

(4) Prohibition of Reproduction

Users commit not to reproduce, distribute, or make publicly accessible any platform content without consent from Findyo.

§9 Right of Withdrawal for Consumers

(1) Withdrawal Information

Consumers have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of contract formation.

To exercise your right of withdrawal, you must inform us:

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract.

(2) Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.

(3) Early Fulfillment

If you have requested that services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of services provided for in the contract.

§10 Termination and Suspension

(1) Ordinary Termination

Both parties may terminate the platform usage contract at any time without notice. Termination must be in text form (email is sufficient).

(2) Extraordinary Termination

Findyo may terminate the contract for cause without notice and suspend the user account, in particular in case of:

• Violation of these Terms and Conditions
• Suspicion of fraudulent activity
• Manipulation of the search system
• Harassment or threats against other users
• Payment default on due fees

(3) Consequences of Termination

After termination of the contract:

• Access to the platform is blocked
• Personal data is handled in accordance with the Privacy Policy
• There is no entitlement to refund of fees already paid
• Outstanding payments may still be processed

(4) Suspension of Individual Functions

Findyo reserves the right to temporarily suspend individual functions or the entire account if there is reasonable suspicion that these Terms and Conditions have been violated. The user will be informed and given the opportunity to respond.

§11 Dispute Resolution and Jurisdiction

(1) Applicable Law

The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of Jurisdiction

If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin.

For consumers, the statutory place of jurisdiction applies.

(3) Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr.

(4) Consumer Arbitration

Findyo does not participate in procedures for alternative dispute resolution before consumer arbitration boards. Users retain unrestricted access to legal recourse before ordinary courts.

§12 Changes to the Terms and Conditions

(1) Right to Amend

Findyo reserves the right to amend these Terms and Conditions when required due to changes in law, case law, or material changes in business operations.

(2) Notice Period

Changes will be communicated to users at least 30 days before taking effect via email or through the platform. Changes are deemed approved if the user does not object within 30 days.

(3) Right to Object

In case of timely objection, Findyo may terminate the contractual relationship at the time the new Terms take effect by ordinary termination.

Important notice: Users are expressly informed of their right to object and the consequences of failure to submit a declaration.

§13 Severability Clause and Final Provisions

(1) Severability Clause

Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

(2) Replacement Clause

Invalid or unenforceable provisions shall be replaced by provisions that come closest to the intended economic purpose.

(3) Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties. No oral side agreements exist.

(4) Assignment

Users may not assign their rights and obligations under this contract to third parties without written consent from Findyo.

§14 Force Majeure

(1) Force Majeure Events

Findyo is released from fulfilling its obligations if and to the extent fulfillment becomes impossible or unreasonably difficult due to force majeure events. These include in particular:

• Natural disasters (earthquakes, floods, storms)
• Wars, terrorist attacks, civil unrest
• Pandemics and epidemics
• Power outages, server failures
• Cyberattacks on infrastructure
• Legal or regulatory measures

(2) Duty to Inform

Findyo will inform the user without undue delay about the occurrence and end of a force majeure event.

(3) Claims

In case of force majeure events, there are no claims for damages or contractual penalties against Findyo.

§15 Availability and Service Level

(1) Platform Availability

Findyo strives for constant availability of the platform but does not guarantee uninterrupted accessibility. An availability of 99% on an annual average is targeted.

(2) Maintenance Work

Findyo reserves the right to temporarily interrupt the platform for maintenance work. Planned maintenance work will, where possible, be announced at least 48 hours in advance.

(3) No Claim to Availability

There is no legal claim to constant availability of the platform. Findyo is not liable for damages caused by temporary unavailability, unless gross negligence or intent is present.

§16 Evidence Preservation, Cooperation with Authorities, and Moderation

(1) No Internal Dispute Resolution

Findyo does not offer internal mediation or a decision-making body for disputes between tenants and Finders. Legal claims must be pursued outside the platform (e.g., through courts or criminal reports). Users may contact support@findyo.de at any time to request available logs and evidence.

(2) Provision of Evidence

• Findyo stores chats, support requests, payment and activity data to provide evidence in justified suspicion cases.
• After review of the request and identity confirmation, Findyo provides relevant excerpts so users can proceed outside the platform (e.g., when filing a report).
• Disclosure occurs only within the legal framework (in particular DSGVO/GDPR) and may be refused if legitimate interests of third parties conflict.

(3) Cooperation with Authorities

Upon legally required requests (e.g., law enforcement, court orders), Findyo cooperates with the competent authorities and transmits required data. The parties nevertheless remain responsible for pursuing their claims out of court or in court.

• Findyo may block or secure user data if required to preserve potential evidence.
• Manipulating, deleting, or suppressing platform data is prohibited and may result in immediate account suspension.

(4) Moderation and Sanction Powers

Even without its own dispute system, Findyo reserves the right to temporarily or permanently suspend individual functions or entire accounts in case of violations of these Terms (e.g., breach of contract after rental agreement signing, attempted fraud, misuse of communication channels, or circumvention of the escrow system) and to forward relevant information to authorities.