Terms and conditions

This is a translation for your information. The German version is legally binding. Deutsch

§ 1 Scope

These General Terms and Conditions apply to the use of the software “Openhouse” (hereinafter “Service”) offered by Nick Linz – Openhouse, Bechtoldstr. 9, 63739 Aschaffenburg (hereinafter “Provider”). They apply to consumers and businesses unless expressly stated otherwise.

§ 2 Services

The Service is web-based software for managing rental properties. In particular, it covers recording properties, units, tenants and leases, importing bank transactions and assigning them, payment reminders and late notices, and the preparation of operating cost statements. The Service provides tools; it does not replace legal or tax advice. The customer is responsible for checking statements and letters before sending them.

§ 3 Registration and trial period

After registration, the Service can be used free of charge and without obligation for 30 days. The trial period ends automatically; no costs are incurred and no subscription is created unless the customer takes out a paid subscription themselves.

§ 4 Prices and payment

The fee depends on the number of units created in the Service (apartments, commercial units, parking spaces) and the chosen plan. When billed in US dollars: “Owner” plan $4.90 and “Property management” plan $2.90 per unit per month, plus applicable taxes; the “Property management” plan requires at least 50 units. When billed in euros: “Owner” plan €4.90 per unit per month including statutory VAT, “Property management” plan €2.90 per unit per month plus statutory VAT. The billing currency is set at registration and can be changed until the subscription is taken out. The fee is payable monthly in advance and is collected via the payment service provider Stripe. If the number of units changes, the fee is adjusted pro rata.

Alternatively, you can take out the subscription in the iPhone app as a package for a maximum number of units. The package prices shown in the app, including any applicable taxes, then apply. In this case Apple is the seller and processes the payment; Apple’s Media Services Terms and Conditions apply additionally. For more units, choose a larger package in the app.

§ 5 Term and cancellation

The subscription runs for an indefinite period and can be canceled at any time effective at the end of the current billing month, in particular via the subscription management in the Service. A subscription taken out in the iPhone app renews for one month at a time unless it is canceled in the Apple account settings at least 24 hours before it expires; in this case refunds must be requested from Apple. The right to terminate for good cause remains unaffected.

§ 6 Customer obligations

The customer keeps their access data secret and ensures that they are entitled to process the data of third parties entered (e.g. tenant data). Misuse, in particular uploading unlawful content or attacks on the infrastructure, is prohibited.

§ 7 Availability and backups

The Provider endeavors to ensure availability with as few interruptions as possible. Maintenance is carried out outside normal business hours where possible. The Provider creates daily backups. The customer can export their data at any time.

§ 8 Liability

The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. In the event of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

§ 9 Data protection and data processing

Where the Provider processes personal data on behalf of the customer, this is done on the basis of a data processing agreement pursuant to Art. 28 GDPR. Otherwise the privacy policy applies.

§ 10 Right of withdrawal for consumers

Withdrawal policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (Nick Linz – Openhouse, Bechtoldstr. 9, 63739 Aschaffenburg, email: support@openhouse-app.com) of your decision to withdraw from this contract by means of a clear statement (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your notice before the withdrawal period has expired.

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 are informed about your withdrawal. We will use the same means of payment that you used for the original transaction. If you requested that the service begin during the withdrawal period, you shall pay us an amount proportionate to the services provided until you informed us of your withdrawal.

Model withdrawal form

To Nick Linz – Openhouse, Bechtoldstr. 9, 63739 Aschaffenburg, support@openhouse-app.com: I/We hereby withdraw from the contract concluded by me/us for the provision of the following service: Openhouse subscription. Ordered on: … / Name: … / Address: … / Date: …

§ 11 Changes

The Provider may amend these terms with effect for the future. Changes will be announced by email at least six weeks in advance. If the customer does not object within this period, the changes are deemed accepted; the notice will point out this consequence. In the event of an objection, either party may terminate the contract as of the date the change takes effect.

§ 12 Final provisions

The law of the Federal Republic of Germany applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence. If the customer is a merchant, the place of jurisdiction is the Provider’s registered office.