Welcome to Finioo® (“Finioo” or “Service”), found at the web site, www.finioo.com, or through this integration platform (the “Site” or “webapp”) - a product of Prestatech GmbH (“the Company”, "we", "us", or "our"). This Terms of Use Agreement (“Agreement”) contains the terms and conditions upon which you (“you,” or “user”) may access Finioo or any products or services offered through the Site. With accepting this Agreement you agree to be legally bound by these terms.

General Terms

Finioo allows you to request, receive, review and manage financial and personal information of several applicants (the “Applicants Information”), provided to you via a standardized report (the “Finioo Report”). The purpose of sharing this information is to facilitate interactions related to the property rental or morgage process between you and any potential tenant or borrower of your choice (“Applicant”).

After agreeing to the terms of this Agreement, you will be requested to authenticate your identity and provide your data, including business and personal data as reported in the Privacy Policy. You acknowledge and agree that the Company is not responsible for any actions or decisions made by you and any other party with reference to the Finioo Report and its underlying information.

Also, if you give your consent for the “Commercial and marketing activities” you agree and authorize the Company to process the your data within the scope of such activities, as reported in the relevant section of this Agreement and share the your data with our partners.

The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed through Finioo and/or the Site are the property of the Company or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, the Company or its licensors own intellectual property rights in the selection, coordination, arrangement and enhancement of such Content as well as on software, algorithms, integration capabilities, data analysis and automation tools and other technical solutions ("Software") used and offered through Finioo and the Site. None of the Content nor Software may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reverse engineered, accessed using automated systems/bots/software, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of the Company or the owner of the Content.

The Company, as the owner of this platform, may revise this Agreement periodically. Revisions will be effective when posted or as otherwise communicated to you, also via e-mail.

The service

Finioo, brought to you by the Company, is an innovative and comprehensive tenant/borrower screening service designed with your convenience and ease. Finioo provides landlords, property managers, real estate professionals, and credit brokers with reliable data and insights to make informed decisions about potential tenants and borrowers.

• Tenant/borrower screening reports: Finioo generates detailed tenant/borrower screening reports that include comprehensive background checks based on reliable data provided by the Applicant. These reports provide valuable insights into an applicant's rental history and income verification, allowing you to assess the Applicant's suitability and financial reliability.
• Online application process: the service offers a convenient online application process, enabling Applicants to submit their information and authorize the screening process quickly and securely. This reduces your administrative overheads and eliminates the need for paper-based applications, saving time and improving efficiency.
• Quick turnaround time: Finioo is designed to deliver prompt results. You can expect to receive the Finioo Reports within minutes from the Applicants information submission, allowing for timely decision-making and reducing the vacancy period of rental properties. Please note that for certain applications, Finioo might take up to two business day following the information upload by the applicant to provide you with the report.
• Customized screening criteria: the service allows landlords to define their screening criteria based on their specific requirements and preferences. Finioo provides flexibility in tailoring screening standards, ensuring that landlords can evaluate Applicants based on factors that matter most to them.
• Data security: the Company prioritizes data security with industry regulations and best practices. Finioo employs robust security measures to protect sensitive Applicant Information, including encryption protocols, secure data storage, and adherence to strict privacy standards, to protect your data and the data of the Applicants. For more information on this, visit www.finioo.com/security-information.
• Applicant consent and data protections: Finioo adheres to the relevant regulations and ensures that Applicants provide their consent before initiating the screening process. By upholding data protection regulations, the service promotes transparency and accountability throughout the screening process. It is your responsibility to use and store the data in compliance with this Agreement and the applicable laws. 
• Support Whenever You Need It: our dedicated customer support team is available to assist you with any questions or concerns you may have. Whether you need clarification on the screening process or assistance with accessing your reports, we're here to help.

At Finioo, we strive to make your journey to finding the perfect Applicant as smooth and stress-free as possible. Our reliable and efficient screening service puts you in control, helping you to focus on what really matters.

Disclaimer of Warranties and Liabilities

Finioo and the Site, including all Content, Software, products and services made available on or accessed through this site, are provided to you “AS IS”. As far as is permitted by applicable law, neither the Company, its employees, directors, agents, partners, and licensors, affiliates, and relevant data providers make any representations or warranties of any kind whatsoever as to the Content, Software, products or services available on or accessed through Finioo and the site, that you or a third party will have continuous, uninterrupted or secure access to Finioo or the site, products or services or that Finioo, the Site, including all Content, Software, products or services will be error-free. In addition, the Company, its employees, directors, agents, partners, licensors, affiliates and relevant data providers disclaim all express or implied warranties, including title, merchantability, fitness for a particular purpose, non-infringement and informational content. Therefore, you agree that your access to and use of Finioo, the Site, including all Content, Software, products, services and content are at your own risk. Additionally, you agree that the Service and or the Finioo Report is not error-free and may include information that does not pertain to you or the Applicants and that the Company, its employees, directors, agents, partners, licensors, affiliates and relevant data providers are not responsible or liable for any action or decision taken by you or any third party based on the Finioo Report and the underlying information. By using Finioo and the Site, you acknowledge and agree that neither the Company, its employees, directors, agents, partners, licensors, affiliates nor relevant data providers have any liability to you (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with your access to or use of Finioo, the Site, including all Content, Software, products or services (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect your computer equipment. You acknowledge and agree that the Company’s data providers are a third party beneficiary of the provisions of this section, with right of enforcement.

As far as is permitted by applicable law, you agree to indemnify and hold harmless the Company, its employees, directors, agents, partners, and licensors and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including attorney's fees) arising out of or in connection with your use of Finioo, the Site, including all Content, Software, products, services and content, including, but not limited to, violations of this Agreement or the rights of third-parties.

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Registration and Accurate Information

If you decide to use the Site or Finioo, you may be required to register, provide financial and personal information, and select a user name and password. You agree to provide accurate information during registration and in any interaction with the Site and to keep and to keep your password confidential. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify the Company promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Site.

Our Privacy Policy

Through your utilization of our Site, you acknowledge that we undertake the gathering, utilization, and dissemination of your personal data, guided by our Privacy Policy. Prior to engaging with Finioo and our webapp, we strongly encourage you to thoroughly review this policy.

The Joint Controller Agreement

Through the acceptance of this Agreement, you also confirm that you have reviewed, acknowledged and, if applicable, accepted the Joint Controller Agreement, our Terms and Conditions for Applicants and the Privacy Policy section related to the Applicants, which outline the general terms governing the Applicants use of our services and the collection and processing of the Application Information to which you, as Joint Controller, are bound to. Please carefully read these documents to understand your rights and responsibilities.

You acknowledge also that the Company may change such documents. As per this Agreement, if significant changes are made, we will notify you in advance through your email address and/or with a prominent notice on our website. You will have the opportunity to review and understand the changes before they take effect. If you continue to use Finioo and/or the Site after the Company has notified you, you agree to be bound by all of the changes. Please review those documents and the Site regularly to stay informed about changes.

Data Security

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

While we endeavor to protect your personal data, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

For more information on this matter, please refer to www.finioo.com/security-information.

Data Retention

the Company retains your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Upon termination of your account, your personal data will be either deleted or anonymized in a manner that ensures it can no longer be attributed to an individual in an irreversible way, unless there is a legal obligation which requires us to keep your information for a certain period of time.

For more information on this matter, please refer to the Privacy Policy.

Payment terms

By accessing and using the Finioo and/or the Site, you acknowledge that you have read, understood, and agreed to these payment terms. Failure to comply with these terms may result in the suspension or termination of your access to the service.

• Payment Obligations: By accessing and using the Finioo screening service and the webapp, you agree to pay the fees associated with the service as outlined in this section. The fees are based on the subscription plan or pricing structure you agreed upon.
• Fee Structure: The applicable fees for using Finioo will be clearly communicated to you during the registration process or when upgrading to a different subscription plan. The fees may vary based on factors such as the volume of screening reports requested or the level of service chosen.
• Payment Methods: the Company accepts various payment methods, including wire transfers, direct debit, and other electronic payment options, also provided by a third party. You will be prompted to provide your payment details during the registration process or when upgrading your subscription.
• Billing and Invoicing: Fees for using Finioo will be billed in Euro and in accordance with the selected billing cycle (one-off, monthly, quarterly, etc.). Invoices or receipts will be provided electronically, either through email or within your user account.
• Subscription Renewal: If you choose a subscription plan with recurring payments, your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. The renewal will be processed using the payment method on file, unless updated by you.
• Late Payments: In the event of a late payment, the Company reserves the right to suspend or terminate your access to Finioo until the outstanding fees are settled. Late payments may also be subject to applicable interest charges or penalties as permitted by law.
• Taxes: Unless differently provided, all fees and charges are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities.
• Refunds (if applicable): Refunds for fees paid will be provided in accordance with applicable laws and regulations. Unless otherwise required by law, refunds are not applicable for fees associated with the use of Finioo and/or the Site. Any refund eligibility and process will be determined by the prevailing legal provisions.
• Promotions, Coupons, and Discounts: the Company may occasionally offer promotions, coupons, or discounts (together “Offers”). These promotions, coupons, or discounts may be subject to specific terms and conditions, which will be communicated to you at the time of the offer. If you have received a promotional offer, coupon, or discount, it is your responsibility to comply with any additional terms and conditions associated with that offer. Failure to comply with these terms may result in the offer being invalidated or your access to the discount being revoked. Offers:
  • may have expiration dates and are valid only during the specified period. After the expiration date, the offer will no longer be applicable;
  • cannot be combined unless explicitly stated by the Company;
  • are non-transferable and cannot be redeemed for cash or any other form of compensation unless explicitly permitted by the Company or required by applicable law;
  • are provided at the sole discretion of the Company and may be subject to additional terms and limitations.

• Modification of Fees: the Company reserves the right to modify the fees for using Finioo. Any changes to the fees will be communicated to you in advance, and you will have the option to accept the new fees or terminate your subscription. the Company also reserves the right to modify or terminate any Offer at its discretion and without prior notice.
• Disputes: In the event of any disputes regarding fees or payments, you agree to notify the Company promptly, providing all relevant details and supporting documentation. the Company will review the dispute in good faith and endeavor to resolve it in a fair and reasonable manner.

Commercial and marketing activities

By using Finioo and the webapp, and by providing specific consent for the processing of your data for commercial and marketing purposes, you agree to engage in the following activities:

• Marketing Communications: with user’s consent, we may process your data to communicate with users about our services, promotions, special offers, or other marketing initiatives, including customer satisfaction surveys. These communications may be delivered through various channels, including email (i.e. newsletter) or targeted advertisements on our Site.
• Personalized Marketing: to enhance the user experience and with user’s consent, we may process your data to tailor marketing communications based on user preferences, interests, and usage patterns within our webapp. This enables us to provide more relevant and personalized content and offers.
• Targeted Advertising: with the user's consent, we may utilize cookies, tracking technologies, and user-provided information to deliver targeted advertisements within our webapp. These advertisements may be based on the user's interests, preferences, and previous interactions with our services.
• Affiliate Programs: In order to offer additional products, services, or promotional opportunities that align with the interests and needs of our users, we may process your data to create affiliate programs. This involves sharing certain personal information with our trusted partners and, eventually, offer to you products, services, or promotional opportunities that are likely to be of your interest. We will ensure that appropriate safeguards are in place to protect the privacy and security of the data shared with our partners.

We respect your preferences and offer control over your data used for commercial and marketing purposes. You will have the option to manage your communication preferences, opt out of commercial and marketing activities, and exercise their rights as described in our Privacy Policy.

Term, Termination, and Modification

This Agreement will take effect when you tick the box “By registering, I accept the Terms and Conditions of the Service and the Joint Controller Agreement. Furthermore, I have read and understood the Privacy Policy.”, and will terminate (a) when either party gives notice of its intention to terminate to the other party hereto, towards the Company via the provided contacts on the website, or (b) if the Company discontinues providing Finioo or access to the Site.

The Company may (i) change the terms of this Agreement or the feature of the Service, or (ii) change the Site, including eliminating or discontinuing any Content, Software or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. If significant changes are made, we will notify you in advance through your email address and/or with a prominent notice on our website. You will have the opportunity to review and understand the changes before they take effect. If you continue to use Finioo and/or the Site after the Company has notified you, you agree to be bound by all of the changes. Please review this Agreement and the Site regularly to stay informed about changes.

License to use the webapp and prohibited uses

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Finioo and the Site.

In listing properties and conducting transactions, you agree to provide accurate, complete, and non-misleading information about properties and related activities. You are responsible for ensuring the legality, reliability, and appropriateness of all reported information and any activity conducted through Finioo. The Company is not involved in any operation between users, except providing the platform to facilitate such transactions. the Company shall not be responsible or liable for the conduct of any users or the legality or appropriateness of any operation conducted on Finioo. You are prohibited from using Finioo for any illegal purposes, including but not limited to fraudulent property listings, fraudulent transactions, or any other activities that infringe the rights of the Company, Applicants or any other third party, including privacy rights and personal rights.

You agree not to use the webapp for unlawful or prohibited purposes and use it in compliance with the terms specified in the JCA. Also, you agree not to use the service to:

• upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data,
• send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages,
• copy, display, distribute, download, license, modify, publish, repost, reproduce, reverse engineer, accessed using automated systems/bots/software, reuse, sell, transmit, use to create a derivative work or otherwise use for public or commercial purposes any of the Content and/or Software,
• harass, offend, or harm others and/or infringe the rights of the Company and/or any other third party, including privacy rights and personal rights, and
• collect, store, or disseminate personal data about other parties without their explicit consent.

Any violation of the terms of this Agreement may result in severe civil and criminal penalties. Violations may include, but are not limited to, unauthorized use, reproduction, distribution, or modification of the licensed material. If you violate these terms, your license to use the material may be revoked immediately without notice. Additionally, you may be held liable for damages, including any costs and legal fees incurred by the Company as a result of your violation. Legal proceedings may be initiated against you to enforce compliance with this Agreement to seek appropriate remedies under German law.

Use of images and logos by the user

By uploading or submitting any tradenames, images or logos (collectively referred to as "User Images") to the webapp, you affirm that you are the rightful owner of the User Images or have obtained the necessary permissions and licenses to use and authorize the use of the User Images. You retain ownership of the User Images you upload or submit to the webapp.

You agree to indemnify and hold us or any third party harmless from any claims or damages arising out of or related to any User Images you upload or submit to the webapp. We reserve the right to review, monitor, and remove any User Images that violates this Agreement or is otherwise objectionable, and to suspend or terminate your access to the webapp for such violations.

By uploading or submitting the Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and modify the Content for the purpose of operating, marketing, and promoting the Finioo.

Place of jurisdiction, online dispute resolution, consumer dispute resolution

If you act as or on behalf of a sole trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the use of our services will be at the registered office of the Company (currently located in Berlin, Germany). The same applies if you do not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is unknown at the time the action is filed.

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission provides a platform for online dispute resolution (OS) for consumers. You can reach this at this link.

We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board.

Contacts

For any questions or concerns regarding this Agreement, or for any request to exercise your legal rights, please contact us at:

Prestatech GmbH, Rosenthaler Straße 46/47, 10178 Berlin, Germany

You can also reach us via our online form at www.finioo.com/contact-us or via email at help@finioo.com. For issues specifically related to data protection, please contact our Data Protection Officer at: dpo@finioo.com. 

Our dedicated customer support team and our Data Protection Officer will try their best to resolve your issues or answer your questions promptly. For any unresolved issues, you have the right to complain to a data protection authority about our collection and use of your personal data. Please remember that email communications are not always secure, so please refrain from including sensitive information in your emails to us.

Final provisions

The Agreement was originally drafted in German language. In case of contradictions or ambiguities between the German version and translations into other languages, the German version shall prevail.

If any provision of this Agreement is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by such valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision. The same applies in case this Agreement proves to be incomplete.

The headings in this Agreement are for convenience only and have no legal significance.

This Agreement constitute the entire agreement between you and us concerning your use of Finioo and the Site and the services provided through the webapp and supersede any previous written or oral agreements, arrangements, or understandings.

The Company will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, force majeure situations, labor disputes or other industrial or technical disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.