What are your rights and obligations as a user, buyer or seller at Urbyo? The legally binding version is available in German and can be viewed here. We have provided this translation for your convenience.
1.1 Urbyo GmbH, Fehrbelliner Straße 35, 10119 Berlin ("Urbyo") operates on the
website at www.urbyo.com a German-language platform for the brokerage of real estate and real estate loans and for the provision of other online services in this context (all together "Urbyo Services").
1.4 The Urbyo Services are directed exclusively at natural persons, legal entities and partnerships of full legal age.
2. General description of services
2.1 Users have the possibility to post and publish advertisements for sale of real estate with text and images on the Platform ("Advertisements") and to view such Advertisements of other Users. Unless expressly described otherwise, Urbyo acts only as an intermediary with respect to the advertised real estate and real estate loans and, in particular, does not offer them itself.
2.2 In addition, the Urbyo Services consist of supporting and accompanying emerging purchase processes and arranging financing offers. For this purpose, Urbyo may also contact the User at the telephone number or e-mail address provided, unless the User has expressly objected to this.
2.3 In principle, the Website can be visited without registration and individual Urbyo Services can be used without registration. For various other Urbyo Services (in particular for the creation and publication of advertisements) a free registration and the creation of a free user account is required (see section 3).
2.4 Urbyo may make the use of certain Urbyo Services and features subject to the fulfillment of additional requirements, such as the provision of further data, a check/verification of the data, the duration of use, the type of use (private/commercial), the User's previous payment history or the submission of certain evidence.
2.5 Urbyo offers a free customer service which can be reached by telephone and by e-mail at the contact details stated in the imprint ("Contact Details"). Users also have the opportunity to provide feedback to Urbyo at any time via the Contact Data or by e-mail to firstname.lastname@example.org.
2.6 Urbyo reserves the right to test new or modified functions and features limited to certain user groups in order to improve the Urbyo Services and the user experience, insofar as this is reasonable for the users, taking into account the legitimate interests of Urbyo. Under certain circumstances, this may result in different presentations for different users.
3. Registration and user account
3.1 The prerequisite for registration is that the user is a natural person, legal entity or partnership of full age and unrestricted legal capacity. Certain mandatory information marked as such is required for registration. In addition, further voluntary information may be provided. The user is obliged to provide truthful and complete information for registration. In case of a change of data after registration, the user is obliged to update the data immediately in the settings of his user account.
3.3 Upon successful registration, a password-protected user account is created for the user at the e-mail address provided by the user. The user must choose a sufficiently secure password and keep it secret and protected from access by unauthorized third parties. The password can be changed at any time in the settings of the user account. If the user becomes aware of any factual indications suggesting that his password and access data have been or are being misused by unauthorized third parties, the user shall notify Urbyo thereof without undue delay and change his password.
3.4 Each user may create only one user account at a time. The user account is not transferable.
3.5 In the user account, the user has an overview of the ads published by him. In addition, he receives further information about his account and can make changes to his settings, preferences and data.
3.6 As part of the Urbyo Services, Urbyo has access to various information about Users, including Personal Data. In particular, this includes information that Users provide to Urbyo as part of the Urbyo Services (e.g., contact information as well as the data of advertisements) as well as information generated in the course of providing and processing the Urbyo Services (e.g., communications). Users receive information through the Urbyo Services that is necessary for the provision of the Urbyo Services (e.g., contact information of an interested buyer). Users also have access in their User Account to important information submitted by them (in particular, advertisements and preferences).
3.7 Urbyo will disclose or provide access to the Ads, including information about Users contained herein and other information from the Urbyo Services, to third parties only to the extent necessary in each case to provide the Urbyo Services or to the extent Urbyo is legally or contractually entitled to do so.
4. Displays and obligations of sellers
4.1 The placement of advertisements is in principle free of charge. The user is obliged to create the advertisements truthfully and stating all relevant features and characteristics with text and meaningful pictures. Urbyo can support the user in this regard. The user can manage his ads in his user account and especially delete them. The user is obliged to carefully check all entries again and to keep them up to date.
4.2 When creating advertisements, the user is also obliged to state whether the user is publishing the advertisement privately or in the exercise of a commercial or self-employed professional activity. Urbyo may, under certain circumstances, also require that the user generally specify whether he uses his user account purely privately or purely commercially.
4.4 Only one advertisement may be created for one and the same property. The same property may not be offered by the user at a lower price on other corresponding real estate platforms. Only such offers may be made that the user is actually and legally entitled to fulfill. In particular, the advertising user ("Seller") must be authorized to sell the advertised real estate and to create the advertisement for it in the Urbyo Services. The advertisements must be created in German language. Links may only be displayed in advertisements if they are necessary for the fulfillment of legal obligations or if they serve to supplement the advertisement. Links to competitors of Urbyo are not allowed. Advertisements may not be used to promote goods or services other than those expressly intended by Urbyo.
4.5 Sellers are obligated to respond to any inquiries from other users truthfully and as promptly as possible.
4.6 Users who use the Urbyo Services as commercial providers or in any other way for business purposes are subject to special legal regulations. Among other things, they are obligated to fulfill the legal information obligations and, in particular, to provide a complete provider identification that meets the legal requirements. In case of doubt, it is advisable for the user to seek legal advice from a lawyer.
4.7 To the extent necessary, Urbyo will convert the Ads and the content contained therein so that they are suitable for use in mobile applications and on websites. There will be no verification of the Ads by Urbyo.
5. Search, advertisement requests and reservations
5.1 Urbyo allows to search the advertisements posted on the basis of various criteria (e.g. date of posting, price) and to save the search requests. If the user does not select any specific criteria, the ads are always sorted by the date of posting.
5.2 If available, users who are interested in the advertised properties have the opportunity to contact the seller through Urbyo ("Listing Inquiries").
5.3 If available, users also have the option to send a reservation request to the advertising user via Urbyo ("Reservation Request"). The number of possible reservation requests per advertisement is limited. Whether a reservation request is accepted or can be accepted by the advertising user is solely at the discretion of the advertising user. Urbyo has no influence on this. A claim for reservations does not exist. For the reservation request, the user must provide information to determine his creditworthiness, which Urbyo also transmits to the advertising user. By submitting the reservation request, the user also agrees that Urbyo may obtain non-binding financing offers from the credit partners pursuant to section 7.2 based on the available data of the user (including the creditworthiness data). There is no entitlement to such financing offers.
6. Removal of advertisements, blocking of users and other measures
6.2 Urbyo also has the right not to publish advertisements and other content or to remove them from the platform if there are indications that the advertised property is not for sale or is otherwise offered in an unlawful manner, or the advertisement or content is or was intended for improper purposes.
6.3 If a User has been excluded by Urbyo from using the Urbyo Services or the User Agreement with the User has been terminated, such User may no longer use the Urbyo Services as a whole, not even with other User accounts, including such User accounts created for third parties, and may not register again.
6.4 Urbyo may restrict or terminate the provision of the Urbyo Services in whole or in part, as well as delay the publication of Advertisements or other User Content, to the extent necessary with regard to capacity limitations, the security or integrity of the servers, or to implement technical measures, or to ensure the proper or improved provision of the Services (maintenance work).
7. Real estate loan brokerage
7.1 Urbyo also offers the brokerage of real estate loans as part of Urbyo Services. Here Urbyo acts exclusively as a real estate loan broker within the meaning of § 34i Gewerbeordnung and in particular does not offer any financing offers itself.
7.2 For this purpose, Urbyo requests possible financing from the credit partners on the basis of the data provided by the user (including creditworthiness information) and sends the user any possible financing offers that come into question and are non-binding.
8. Document templates and information
8.1 Insofar as Urbyo offers templates for various documents relating to the topic of real estate ("Document Templates") as part of the Urbyo Services, these are exclusively standardized templates that have been designed for a variety of different constellations as of the respective date specified. In this respect, the user is solely responsible for checking the document templates in each individual case for correctness, completeness and up-to-dateness in terms of content and (tax) law, and for adapting and supplementing them as necessary. In particular, the participant is solely responsible for checking the document templates to ensure that all (tax) legal provisions are complied with and that mandatory information is included and, in case of doubt, must independently seek professional legal advice (e.g. from a licensed attorney-at-law) in case of doubt. In particular, if individual document templates are older than the date indicated, the respective up-to-dateness should be checked (if necessary by a lawyer) before using the documents in legal transactions. The document templates do not constitute legal or tax advice on the part of Urbyo.
8.2 Even if Urbyo provides analyses, real estate valuations and other information on the subject of real estate and real estate financing ("Information"), these are only non-binding documents and information that must be checked in detail for accuracy, completeness and timeliness before any use by the user. The Information does not constitute legal, financial or other advice in individual cases and cannot replace such advice.
8.3 The document templates and information may only be used by the user himself and only for the purposes intended for this purpose. Any use beyond this, in particular in the form of copying and passing on to third parties, is not permitted.
9.2 The user is fully responsible for his contributions and content. Urbyo as well as any third party providers generally do not assume any review of the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
9.3 Only such content may be made available to which the respective user has the necessary rights of use or is entitled to such use for other reasons.
9.5 The contributions may not contain any commercial goals of the respective user, which are not related to or contrary to the Urbyo Services. In particular, the forum may not be used to advertise one's own business activities or those of third parties, if these activities are in competition with the Urbyo Services. In addition, all posts and content that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors are prohibited. In particular, the following are prohibited:
- all offers, solicitations and implementation of activities with a commercial background, such as prize competitions, raffles, swaps, advertisements or snowball systems;
- posting, distributing, offering or advertising pornographic content, services or products, or content, services or products that violate laws for the protection of minors, data protection laws or other laws, or that are fraudulent;
- the publication of content that offends other users or third parties on the basis of their gender, ethnic or social origin, language, religious affiliation, any disability or in any other way; as well as
- the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
10. Other obligations of the users
10.1 The User is obligated to refrain from all actions that could endanger or harass the safe and trouble-free operation of the Platform and the Urbyo Services or other Users or that otherwise go beyond an intended use of the Urbyo Services. In particular, the following are prohibited
- sending e-mail advertisements, SMS advertisements, chain letters or other harassing content;
- Sending or transmitting viruses, Trojans, worms, logic bombs, and other harmful files and technologies that could harm the Urbyo Services or the interests and property of other users;
- the dissemination of lewd, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication that is likely to promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
- any harassment of other users participants, e.g. by contacting them personally several times without or contrary to the reaction of the other user as well as promoting or supporting such harassment;
- soliciting other users to disclose passwords or personal information for commercial or illegal purposes;
- subject Urbyo's platform and infrastructure to an
subject Urbyo's platform and infrastructure to excessive load or otherwise disrupt or jeopardize the functioning of the Urbyo Services;
- to reproduce content from Urbyo or advertisements or other content of third parties without the prior consent of Urbyo or the third parties to reproduce, make publicly available, distribute, edit or use in any other way that goes beyond the intended use of Urbyo;
- use crawlers, spiders, scrapers, or other tools or automated mechanisms to access the Urbyo Services and collect Content without Urbyo's express written consent;
- Collect or otherwise process information (including, without limitation, names, email addresses and telephone numbers) about other users without their prior consent; and
- circumvent measures designed to prevent or restrict access to the Urbyo Services.
10.2 The User shall also always back up and archive on its own storage media all data and information stored within the Urbyo Services that the User may need currently or in the future (for example, for purposes of preserving evidence or record keeping).
10.3 The user may only upload documents and other information to his user account or to his advertisements if these comply with the legal requirements, in particular those of data protection law. In case of doubt, the user must make personal data of third parties unrecognizable before uploading (e.g. when presenting an existing rental agreement).
11. Liability Urbyo
11.1 The advertisements, forum posts and other content posted and published by Users on the Urbyo Services do not reflect the opinion of Urbyo and are not reviewed by Urbyo for their legality, accuracy and completeness. Urbyo does not guarantee the accuracy and completeness of the information contained in the advertisements, nor does it guarantee the quality, safety or legality of the properties offered by users. Furthermore, Urbyo is not responsible for and has no influence on whether the purchase of a requested property actually takes place, even if the advertising user has accepted a reservation request from the interested user via the Urbyo Services.
11.2 Urbyo is liable according to the statutory provisions for intent and gross negligence of Urbyo, its legal representatives, executive employees or other vicarious agents. The same applies to the assumption of guarantees or other assumption of strict liability as well as to claims under the Product Liability Act or in case of culpable injury to life, body or health. Urbyo is also liable on the merits for simple negligent breaches of essential contractual obligations caused by Urbyo, its representatives, executives and other vicarious agents, i.e. such obligations on the fulfillment of which the user regularly relies and may rely for the proper performance of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage. Any further liability of Urbyo is excluded. As far as the liability of Urbyo is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executives and other vicarious agents.
12. Indemnification / Liability User
12.1 The User shall indemnify Urbyo against all claims asserted against Urbyo by other Users or other third parties due to an infringement of their rights by Advertisements and other content posted by the User on the Urbyo Services or due to the User's other use of the Urbyo Services. In this case the user has to bear the costs of the necessary legal defense of Urbyo including all court and attorney fees in the legal amount. The claim for indemnification does not exist if the user is not responsible for the infringement.
12.2 Furthermore, in the event of a claim by a third party, the user shall, upon request, immediately provide Urbyo truthfully and completely with all information necessary for the examination of the claims and a defense against them.
12.3 Any liability of the user exceeding the provisions of this clause 12 shall remain unaffected.
13. Termination of the contract of use
13.1 Unless otherwise agreed, the User may terminate the User Agreement at any time without notice in text form. For this purpose, the User may send a corresponding notice of termination by e-mail to Urbyo's customer service at email@example.com or by post to the address specified in Section 1.1 or use the function provided for this purpose in its user account.
13.2 Unless otherwise agreed, Urbyo may terminate the User Agreement at any time with 30 days' notice. Towards commercial users Urbyo will justify the termination on a durable medium (e.g. e-mail). The notice period does not apply if the termination is based on mandatory legal provisions or official orders. Urbyo will give the User separate reasons for this, unless there are compelling reasons to the contrary. Urbyo's right to delete individual advertisements, to block users and to carry out other measures in accordance with Section 6 as well as the right to terminate the contract without notice for good cause shall remain unaffected.
13.3 Upon termination of the user agreement, all current ads of the respective user will be removed from the platform and the user's user account will be deactivated. The user can no longer access his user account from this point in time. The user account as well as all stored data of the user will be irrevocably deleted at the latest six months after the termination of the user contract. This does not apply to data that Urbyo is legally obligated to store or that Urbyo has a legitimate interest in storing (e.g. to prevent re-registration after a justified blocking or termination). Aggregated data generated through use may in principle continue to be retained after the end of the contract.
13.4 Urbyo also has the right to irrevocably deactivate and delete User Accounts with incomplete registration data and those that have not been used for a period of at least 12 months. Urbyo will notify the User accordingly on a durable medium (e.g. by e-mail) at least 30 days before deleting the User Account.
15. Miscellaneous and final provisions
15.1 For the purpose of fulfilling the contract and exercising the rights to which Urbyo is entitled under the User Agreement, Urbyo may use affiliated companies.
15.2 Urbyo is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, the user has the right to terminate the contract without notice and free of charge.
15.5 Urbyo is neither willing nor obliged to participate in dispute resolution proceedings with consumers before a consumer arbitration board (§ 36 para. 1 no. 1 VSBG).