Please email us at email@example.com, , or send us a letter to Rentseed UG, c/o BASE Co-Working, Blütenstraße 15, 80799, Munich, Germany.
Rentseed UG (hereafter called “mietwise”) acts as a Technical Service Provider on behalf of a subsidiary of Credit Mutuel Arkea, Mangopay SA (hereafter referred to as “banking partner”), to provide users with payment initiation and account information services across the EEA and Switzerland. mietwise is neither a credit institute nor a financial services company according to the German Banking Act (Kreditwesengesetz, KWG), nor an independent regulated payment service provider according to the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz, ZAG).
The present general terms and conditions (‘T&C”) apply to using the services of mietwise. The provider of the mietwise user interface and API, and therefore the contractual partner of these terms, is Rentseed UG.
The services that mietwise provides can be used by landlords, tenants, platforms and other approved persons, who are either natural or legal (hereafter also called “users”). The T&C apply exclusively; with any general terms and conditions supplied by a user not applying, either when he / she explicitly refers to them during the course of registration, or in any other way.
2. mietwise service
mietwise offers an online application, which is a user friendly accessible-API-solution for the connection of users to the 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 and API, with the result that they can manage and administer their rental deposits using a single solution. This extends to accessing information relating to any rental deposits, the processing of any payments, or to any other supplementary value added features and services. The management of such rental deposits will be governed by mietwise's Deposit Terms & Conditions, which can be retrieved from https://mietwise.com/deposits.
Nominally, mietwise itself does not independently deliver any financial or payment services, but solely facilitates over its user interface and API connections online-access to platforms of financial service providers for which it has been appointed as a Technical Service Partner, especially those of our banking partner.
Prerequisite for the use of the mietwise service is the conclusion of a contract regarding the set-up and usage of account with our banking partner. mietwise enables users to utilise the online banking functions to manage this account via an app- or browser-based user interface and API.
3. Registration of an account
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;
Pre- and Surname;
Country of residence;
Date of birth.
And the following for a legal user;
Generic business email address;
Email address of legal representative;
Pre- and Surname of legal representative;
Country of residence of legal representative;
Nationality of legal representative; and
Date of birth of legal representative.
Login data is generated in the course of account registration. This consists of a username, which is identical to the given email address provided by the user, as well as a password.
Prerequisite for the usage of the mietwise service is the conclusion of a contract regarding the set-up and usage of an account with our banking partner (“service contract”). mietwise facilitates the user to conclude the service contract online. Therefore, the necessary data for the verification of the account application 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.
All matters concerning money-laundering fall under the responsibility of the service contract, for which the below link provides all necessary information. However, mietwise as a Technical Service Partner of of its banking partner undertakes to use its best efforts to enable its banking partner 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.
Further to its own agreement with its banking partner, 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.
For the contractual relationship of the user with mietwise’s banking partner the terms and conditions of the banking partner apply, which can be retrieved from the following link MANGOPAY_Terms.pdf.
There is no entitlement for the conclusion of a user contract with mietwise or conclusion of an account contract with its banking partner.
4. Account payment processing
Users are required by default to make all payments via SEPA Direct Debit. However, a user may make a payment via SEPA Bank Transfer, or any other payment method introduced in the future. The fees for each payment method are appropriately displayed on the mietwise website.
Each SEPA Direct Debit payment made by a user is restricted in value to €2,995.00. In the instance that a deposit exceeds this value, the user is required to either distribute the value of the SEPA Direct Debit payment over a number of payments, or alternatively make payment via SEPA Bank Transfer.
In the instance that a user makes payment via a SEPA Direct Debit, the user notes that they forfeit their right to request a chargeback in the case that they have not done so within 6 weeks of initiating a SEPA Direct Debit mandate. In the case that they do, a user will be financially liable for the returned payment and any fees incurred by mietwise.
5. Responsibility for login-data
The user has to keep all login-data, including the password, secret and not give unauthorised third parties under no circumstances access.
The user is obligated to ensure that access to the mietwise user interface and API, and usage of the functions and services is only made by the user or by the user’s authorised persons. If there are reasons to fear that unauthorised third parties have gained or will gain knowledge of the login details, mietwise (firstname.lastname@example.org) needs to be informed immediately.
The user is fully responsible for all usage and / or other activities on the mietwise user interface and API, which is completed through his / her login-data. The user is liable for all damages incurred through unauthorised usage of third parties unless the user cannot be held responsible.
6. Change of user data
The user must inform mietwise immediately by making a request to adjust any corresponding information via the user interface and API at the time it changes, and if it is different to the information the user made and confirmed at the point of registration and account opening regarding his / her person or the company.
In certain cases, eg. change of the name or the legal form, a new identification of the person according to the money-laundering act may be necessary.
7. Availability of user interface and API
In addition, mietwise is entitled to limit the possible usages provided through or by the user interface and API towards the users, if this is necessary with regard to capacity limits, the security, 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.
However, mietwise will try to offer unlimited availability of the mietwise service, but cannot always guarantee it.
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 is not subject to the mietwise service.
8. Changes to functionality
mietwise reserves within reasonable limits and with regard to the justified interest of users to introduce changes or improvements of its services, whereby the essential and respective function remains unchanged and at most experiences marginal changes, improvements, or cancellation with replacement.
At any time, the free of charge functions on the user interface and API can be changed, stopped or only offered against payment and mietwise can offer new functions for free or against payment.
9. Intellectual property
Every usage, reproduction, copy, distribution of one or more elements of the user interface and API for other purposes other than the conduct of the contract is forbidden.
All content of the applications, particularly the domain-name, the texts, charts, graphics, photos, drawings, tones, pictures, audio and video content, but also the functions, the structure, the navigation, the conception and organisation 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 authorisation of the respective copyright holder.
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 contractual 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.
mietwise services and functions – financial services, insurance 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 the following conditions.
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;
or damages from injuries of the life, the body or the health; and
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.
In regards to funds received by mietwise’s banking partner and held in accordance to the 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 Financial Institutions and the definitive payment through the payment systems and the delivery systems of financial instruments.
The above limitations of liability also apply for any breaches of duty of persons, whose culpabilities mietwise has to represent according to legal regulations.
11. Payment processing
The user is informed about the amount of all user fees in the course of the registration or – in the case of subsequent payment initiation or 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.
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
The user contract is concluded for an undefined period.
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 and API via a request, and will be actioned within 24 working hours.
mietwise can terminate a user contract with a term of 14 days at any time without giving reasons. During the duration of the service contract a termination by mietwise is excluded, i.e. mietwise enables the users the online usage of the account through the usage of the user interface and API during the duration of the 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 account and to end the contract for other functionalities and services.
With the termination of the account the present user contract also ends automatically, without the need of cancellation, as long as the parties haven’t explicitly agreed on another legal consequence.
mietwise is also authorised to terminate a user contract, when the concluded cooperation between mietwise and its banking partner ends, regardless if the 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 its banking partner it may be potentially possible to continue using the mietwise services in connection with an account of another bank- and / or financial partner mietwise is cooperating with.
The right of both parties to terminate the contract out of important reasons according to §314 BGB remains untouched.
If one of the users breaches these T&C, legal provisions or third-party rights, mietwise is authorised to caution the user and to exclude the user temporarily from all or individual services provided through the user interface and API if necessary. The same applies if mietwise has another justified interest in the mentioned actions, especially for the protection of the provider or other users from fraudulent intentions. The choice and the application of the mentioned activities are at 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
mietwise collects, processes and uses data from users according to regulations on data protection, which can be found under the following link https://mietwise.com/privacy.
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 if deemed necessary.