General Terms and Conditions (GTC) for the use of our platform.

Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand.

1. Scope of Application

These General Terms and Conditions (hereinafter GTC) govern the use of the Housingpass platform (www.housingpass.com) by registered users and visitors.

The provider of the platform is Housing Connect GmbH, Belvederestr. 40, 50933 Cologne, Germany (hereinafter referred to as Housing Connect, Housingpass or we).

The use of the platform is permitted exclusively on the basis of these GTC. Deviating terms and conditions of the user do not apply unless they have been expressly confirmed by Housingpass.

The current version of the GTC can be accessed at any time on our website.

2. Service description

Housing Connect GmbH operates the digital platform Housingpass at www.housingpass.com or housingpass.com, which enables private and commercial users to create and manage a digital application portfolio for housing applications and to submit them to landlords or property managers.

Furthermore, landlords can use a separate user account to access the collected data records, application folders and profiles, documents from tenants, archive them or manage them for marketing purposes.

The use of the platform can be made against payment or free of charge, depending on the services selected. The chargeable functions and prices can be viewed on the Housingpass website

The application folder is made available to users either digitally as a storable PDF file or in digital form in the online user environment. It primarily contains information that is required for a housing application.

For the purpose of analyzing, describing and verifying the financial circumstances (e.g. proof of income, proof of rent payment) and identity of users, Housingpass may involve external service providers. Such checks are carried out by third-party providers who are independently responsible for processing this data. Separate data protection provisions apply to this, which can be viewed during the ordering process.

Housingpass has no influence on the technical data provided by external financial service providers or identity verification services. Users are solely responsible for the accuracy, completeness and timeliness of the information contained in the application file.

Housingpass does not check the content of the uploaded or generated content. It is the responsibility of the user to ensure that all information provided is accurate and legally permissible

Housingpass endeavors to ensure the trouble-free operation of the platform. However, permanent availability cannot be guaranteed. Maintenance work, technical restrictions or external factors can lead to temporary interruptions.

The use of certain functions requires the user to have a bank account activated for online banking. For this purpose, the user must authenticate himself via his online banking access data so that external financial service providers can access and process the relevant account information.

Housingpass itself does not provide an account information service (hereinafter KID). The KID is provided by the third-party provider GoCardless Ltd (hereinafter GoCardless), which acts as an independent controller within the meaning of the GDPR. The separate terms and conditions and data protection provisions of GoCardless apply, about which the user is informed during the ordering process.

Housingpass does not carry out any identity checks itself. To verify passport and ID card data, Housingpass uses the third-party provider Veriff OÜ (hereinafter Veriff), which acts as an independent controller within the meaning of the GDPR. Identity verification is carried out by comparing the ID documents uploaded by the user with biometric features and other Veriff verification mechanisms. Veriffs separate terms and conditions and data protection provisions apply, which the user is informed of during the ordering process.

The online platform is subject to continuous further development. Housingpass reserves the right to add new functions, modify or discontinue existing functions in order to optimize the service and comply with legal requirements.

3. Conclusion of contract and conditions of use

Registration and conclusion of contract

Registration and conclusion of contract The use of Housingpass requires the user to register. The contract for the use of the platform is concluded by.

the confirmation of registration or ordering a paid service (e.g. identity check, creation of the application folder or credit scores).

Orders subject to a charge

The ordering of chargeable services takes place via the designated ordering process. By clicking on the Buy now button, the user submits a binding offer to purchase the selected service. Housingpass accepts this offer by

the application folder is generated and made available.

the identity check is carried out or.

the credit scores are retrieved and processed.

No right of withdrawal after provision of the digital service

In accordance with § 356 para. 5 BGB, the statutory right of withdrawal for digital services expires as soon as Housingpass has begun immediate fulfillment of the contract and the user has previously expressly agreed that he/she loses his/her right of withdrawal.

In concrete terms, this means: As soon as the user orders a chargeable service and this has been technically triggered (e.g. verification by Veriff, creation of the application portfolio or calculation of the score), revocation or refund is no longer possible, as the service has been provided irrevocably. Before completing the order, the user is expressly informed that.

the service is provided immediately after the order is placed.

his right of withdrawal expires at the beginning of the provision of the service.

he must actively confirm this before the order is completed.

Right of withdrawal for services not yet rendered

If the user has purchased a chargeable service that has not yet been provided, they have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins with the conclusion of the contract. To exercise the right of withdrawal, the user must send a clear declaration by e-mail or letter to:
Housing Connect GmbH Belvederestr
40 50933 Cologne
E-mail: @housingpass.com

To meet the withdrawal deadline, it is sufficient for the user to send the notification of exercising the right of withdrawal before the deadline expires.

Consequences of revocation

If the contract is revoked within the revocation period, Housingpass will refund all payments made by the user if the service has not yet been provided.

However, if the user has requested that the service already begins during the withdrawal period (e.g. verification, score creation, application folder), the user is obliged to pay for the service already provided in full or in part. The calculation is made as follows.

If the service has been provided in full, no refund will be made.

If the service has been provided in part, an appropriate amount corresponding to the proportion of the service provided shall be due.

Sample withdrawal form

If a right of withdrawal exists, the user can use the following sample withdrawal form:

I/we () hereby revoke the contract for the purchase of the following service ():

Ordered on (): ___________ / Received on (): ___________
Name of the consumer(s): ___________
Address of the consumer(s): ___________
Signature of the consumer(s) (only for notification on paper): ___________
Date: ___________
(*) Delete as appropriate.

4. Prices, payment and invoicing

The use of certain services on Housingpass is subject to a charge. The applicable prices can be viewed on our website and are displayed transparently to the user before a chargeable order is placed.

Payments are processed by the external payment service provider Stripe Payments Europe, Limited (hereinafter Stripe), based at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. Stripe acts as an independent controller within the meaning of the GDPR. The use of Stripe is subject to Stripe's separate terms and conditions and privacy policy, which can be viewed during the ordering process.

The user agrees to the transmission of his payment data to Stripe for payment processing. Housingpass itself does not store complete payment data, but transmits it directly to Stripe for processing.

Payment is due immediately upon completion of the order. The following payment methods can be offered - depending on availability and region:

Credit and debit cards (e.g. Visa, Mastercard, American Express)

SEPA Direct Debit Scheme

Apple Pay, Google Pay

Other payment methods supported by Stripe

If payment is made by SEPA direct debit, the user shall issue a corresponding mandate to Stripe. The direct debit shall be made in accordance with the applicable SEPA regulations.

In the event of non-payment or chargebacks, we reserve the right to block access to chargeable services until the outstanding payment has been settled. All fees arising from chargebacks or failed payment attempts shall be borne by the user.

In the case of certain special promotions or vouchers, the respective separate terms of use apply, which can be viewed during the ordering process. Vouchers are non-transferable and cannot be exchanged for cash.

Invoices are made available to the user in electronic form by e-mail or via the user account on Housingpass.

Housingpass reserves the right to change the prices for future services at any time. However, price changes do not affect already concluded contracts or current fee-based services.

5. Obligations and rights of users

Truthful information

Users are obliged to provide correct and complete information about themselves and their uploaded documents. All data stored in the profile or in the application folder must be up-to-date. Changes to personal data must be updated immediately in the user account.

Duty of care for access data

The access data (e-mail and password) for the user account must be treated confidentially. Disclosure to third parties is not permitted. If there is any suspicion that third parties have gained access to the user account, the password must be changed immediately and Housingpass must be informed.

Responsibility for uploaded content

The user bears sole responsibility for the accuracy, completeness and legality of the data uploaded or transmitted by him/her (e.g. application documents, identity documents, proof of creditworthiness).

Inadmissible content

It is prohibited to upload or transmit content to Housingpass that:

Contain false or misleading information.

Infringe the rights of third parties (e.g. copyright, trademark or data protection rights).

Are offensive, discriminatory, unlawful or immoral.

Prohibition of improper use

The use of the platform is only permitted for the intended purpose of apartment applications and related services. In particular, the following activities are prohibited:

Automated or manual mass creation of applications with false or falsified data.

Attempts to circumvent the platform's security mechanisms.

Unauthorized use or disclosure of content and data of other users.

Deletion or blocking in case of violation

Housingpass reserves the right, in the event of a breach of these GTC, to remove the user's content,
block the user account temporarily or permanently,
Take legal action if necessary.

Indemnification from third-party claims

If the rights of third parties are infringed by the use of Housingpass, the user indemnifies Housingpass against all claims arising from this (including the costs of legal defense).

Liability for use of the account

The user is responsible for all actions taken via their account, unless they can prove that unauthorized use occurred through no fault of their own.

Data protection and confidential use

Housingpass may only be used within the framework of the statutory provisions. Use of the platform for data analysis purposes, commercial purposes or to collect personal data of other users is not permitted without express permission.

6. Data protection and data processing

Responsibility for data processing

Housingpass processes users' personal data in accordance with the applicable data protection laws (in particular the GDPR). The processing takes place exclusively for the provision of the Housingpass services and for the fulfillment of the contracts concluded with the user.

Legitimate interest of the landlord

Landlords have a legitimate interest in receiving applicant data and storing it on Housingpass in order to make an informed rental decision. However, landlords are independently responsible for the GDPR-compliant processing, storage and deletion of this data. Housingpass accepts no responsibility for the use of tenant data by landlords outside of the platform.

Disclosure of personal data

The applicant profiles and documents created via Housingpass (e.g. proof of creditworthiness, identity verification) are only forwarded to third parties (e.g. landlords, property managers) with the express consent of the user. Housingpass does not transmit any personal data without active action by the user.

Identity and credit check by third-party providers

External service providers are involved in identity and credit checks:

Identity verification: Veriff OÜ checks transmitted ID documents and biometric data to verify identity.

Credit check: GoCardless Ltd. is used for account information services (KID) to process relevant financial information.

Payment data: Stripe Ltd. is used for payment processing.

These external providers act as independent controllers in accordance with the GDPR. Their own data protection guidelines apply to their processing, which can be viewed in the ordering process.

Obligations of the user for data processing

The user undertakes to transmit only his own data or data for which he has a legal basis or the consent of the data subject. Use of the platform to store or transmit data of third parties without their consent is prohibited.

Storage and deletion of personal data

Housingpass only stores personal data for as long as is necessary for the respective purpose and deletes it at the latest after expiry of statutory retention obligations. Application documents can be removed from the user's account at any time, provided there are no legal retention obligations to the contrary. Users have the right to information, correction and deletion of their personal data.

Right to information and right to object

Users have the right to obtain information about the personal data stored about them at any time and to request its correction or deletion, provided that there are no statutory retention obligations to the contrary. In addition, consent to data processing can be revoked at any time with effect for the future.

Data security

Housingpass uses technical and organizational measures to protect personal data against unauthorized access, loss or misuse. The transmission of sensitive data is encrypted.

7. Contract term and termination

The contract term depends on the selected service.

Users can delete their account at any time, provided that no ongoing chargeable services are used.

Housingpass can terminate the contract without notice if the user violates essential contractual conditions. In this case, the user account and all data contained therein will be irrevocably deleted.

8. Availability and technical infrastructure

Housingpass endeavors to ensure high availability of the platform, but cannot guarantee uninterrupted use.

The provider is not liable for technical problems that are beyond its control (e.g. Internet providers, third-party services).

9. Liability and warranty

Scope of liability

The liability of Housingpass for slightly negligent breaches of duty is excluded, unless damages from injury to life, body or health or guarantees are concerned or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely (cardinal obligations) remains unaffected.

Exclusions of liability

Housingpass is not liable for damage caused by:

Technical faults, maintenance work or system failures.

Missing or incorrect data transmission by users or third parties.

Incorrect or incomplete creditworthiness or identity checks by external service providers.

Misuse of user accounts by third parties if the user has not adequately protected their access data.

Liability for content and data

Housingpass assumes no responsibility for the accuracy, timeliness or completeness of the content provided by users. The use of the platform is at the users own risk.

Third party liability

Housingpass is not liable for damages caused by external partners such as GoCardless (KID) or Veriff (identity verification). These act as independent controllers in accordance with the GDPR.

Contractual limitation of liability

To the extent permitted by law, the total liability of Housingpass is limited to the amount of the fees paid by the user in the last 12 months before the damage occurred.

10. Copyrights and rights of use

Rights to Housingpass and the content of the platform

All content, software components, trademarks, logos, designs and other materials on Housingpass are the intellectual property of Housing Connect GmbH or its licensors. Housingpass expressly reserves all copyrights, rights of use and other intellectual property rights to the platform and its content.

Use of the platform by the user

The user is granted a simple, non-transferable and revocable right to use Housingpass within the scope of the intended service. Any use beyond this, in particular the reproduction, distribution, processing or commercial exploitation of the contents of the platform, is only permitted with the express written permission of Housingpass.

Intellectual property of the user in uploaded content

The user remains the owner of all copyrights and other property rights to the content uploaded or created by him/her (e.g. application documents, photos, personal data). However, by uploading, the user grants Housingpass a simple, worldwide, free of charge, non-exclusive right of use to store, process and make available the uploaded content for the provision of the platform.

Prohibition of the infringement of third-party rights

The user warrants that he/she will only upload or provide content for which he/she holds all necessary rights or for which he/she has a corresponding authorization of use. The user may not upload any content that infringes copyrights, trademark rights, personal rights or other rights of third parties.

Liability and indemnification in the event of infringement of property rights

If claims are asserted by third parties for infringement of copyright, trademark or other property rights due to content posted by the user, the user shall indemnify Housingpass against any claims upon first request. This also includes the costs of legal defense in a reasonable amount.

Processing and storage of uploaded content

The data uploaded to Housingpass will only be used in the context of contract processing and to provide the application folder. The user can remove their uploaded data at any time or request Housingpass to delete it, provided there are no legal retention obligations to the contrary.

Purchase of the digital application folder

With the purchase of a digital application folder, the user receives a simple right to use the created file for personal application purposes. Passing on, duplication or commercial use outside the agreed purpose is not permitted without the permission of Housingpass.

11. Changes to the GTC

Housingpass reserves the right to amend these GTC if this is necessary due to legal requirements, supreme court rulings, changed market conditions or technical developments. Amendments only affect the provisions concerned and do not apply retroactively.

Users will be informed of changes to the GTC by email to the address provided for notifications at least six weeks before they come into effect. The notification shall contain a reference to the significance of the changes and the right of objection.

If the user does not object to the inclusion of the new GTC within six weeks of receipt of the notification, they shall be deemed to have been accepted. The right of objection does not apply if the changes are exclusively beneficial to the user or are merely of an editorial nature.

If the user objects in due time, the contractual relationship shall continue under the previous conditions, provided that continuation is possible. If this is not the case, both parties have the right to extraordinary termination.

12. Place of jurisdiction and applicable law

The text of all provisions is subject to German law and shall be interpreted in accordance with German law. The law of the Federal Republic of Germany shall apply.

The place of jurisdiction for all disputes is Cologne, provided the user is a merchant or a legal entity under public law.

The same applies if the user has no general place of jurisdiction in Germany or domicile or if the usual place of residence is not known at the time the action is brought.

13. Final provisions

Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

Housingpass is entitled to transfer rights and obligations arising from this contract to third parties, provided that this does not unreasonably disadvantage the user.