General Terms and Conditions
General Terms and Conditions of Rendity GmbH
Rendity GmbH, based in Vienna (hereinafter also referred to as "Rendity"), operates a platform for real estate projects under the domain "rendity.com" (hereinafter also referred to as the "Platform").
1. Scope of Application
(1) By registering and subsequently using the Platform, a user agreement is concluded between the user and the platform operator, which is exclusively subject to the following general terms and conditions (hereinafter also referred to as "GTC").
(2) The legal relationship between the platform operator and the real estate companies is not the subject of these GTC. It is governed by separate cooperation agreements. Similarly, the legal relationship between real estate companies and investors is not subject to these GTC. It is governed by separate agreements.
(3) The user can view, download, and print the currently valid version of the GTC on the following website of the platform operator: https://sdev.rendity.com/de/general-terms-conditions.
(4)For the purposes of these general terms and conditions, the following definitions apply in addition to the terms defined in the text:
a. User of the Platform: The visitor of the Platform who has successfully registered with Rendity.
b. Platform Operator: Rendity GmbH, based in Vienna, at Tegetthoffstraße 7, 1010 Vienna, registered in the commercial register of the Vienna Commercial Court under FN 438425 v, operates a platform for real estate projects.
c. Investor: The user of our Platform, Rendity, who has concluded one or more financing contracts via our Platform.
d. Issuer: The real estate company that issues profit participation certificates for a property acquired by them, raising capital in the form of tokenized profit participation certificates from investors on the Rendity Platform.
e. Profit Participation Certificate: A contract for tokenized profit participation certificates concluded between the issuer and the investor.
f. Payment Service Provider: This entity receives the investment amounts from the subscriber to hold them until instructed by the platform operator to release them to the issuer's account upon successful funding. Lemon Way SAS, based in Paris at 8 rue du Sentier, FR-75002 Paris, is an authorized hybrid payment institution regulated by the French banking supervisory authority ("ACPR") (registration number: 16 568RCS).
2. Registration
(1) To fully use the Platform, registration with truthful information about the user's personal data is required. Natural persons may only register if they are at least 18 years old and have full legal capacity. Legal entities may only be registered by their authorized representatives. Multiple registrations are not permitted. There is no entitlement to registration and use of the Platform. The platform operator reserves the right to reject a potential subscriber without giving reasons and to terminate the user agreement in compliance with section 6 of the GTC.
(2) Investors must reside in Austria or Germany and may only use the Platform on their own account. Registration is personal and non-transferable.
(3) After completing the registration, the platform operator sends a confirmation email to the user. The registration is only completed by calling up the activation link provided therein. After concluding the contract, the user can view their data at any time under "Profile."
(4) Registration with incorrect data is not permitted and may lead to exclusion from the Platform. The platform operator reserves the right to delete registrations created with disposable email addresses ("throwaway email addresses") or registrations not activated within 2 months without prior notice.
(5) The user is obliged to ensure that all information provided during the use of the Platform is always truthful and up-to-date.
(6) Users of the Platform select a password during registration for their registered account. The user is responsible for ensuring that their access data, especially the password, is not made accessible to third parties. The user is solely responsible for all actions taken through their account. If there are indications of misuse of the account or if third parties gain knowledge of the access data, the user must immediately notify the platform operator.
(7) The platform operator never requests personal data, especially access data, via email or telephone.
3. Use of the Platform
(1) The platform operator provides users with information about existing properties. Users can participate in the financing of properties by making offers to subscribe to profit participation certificates issued by the issuer. This is done through the platform operator acting as a messenger of declarations of intent. The platform operator limits itself to providing template documents and technical conditions for concluding contracts, organizing the sending of documents, and providing the issuer with certain other services, particularly contract and data management and coordination of payments. No further services are provided by the platform operator.
(2) All issuers and the information provided by the issuers about existing properties have been selected based on a simple review using certain formal criteria, plausibility, and coherence of the overall picture within the scope of reasonable effort. The platform operator cannot make any statement about the accuracy of the information and details provided by the issuer. In particular, the platform operator does not review whether and to what extent subscribing to a profit participation certificate by the user with the issuer is economically viable. The assessment and decision for the respective investment are made independently and under the user's own responsibility.
(3) The technical provision of information on the Platform and the possibility of concluding contracts via the Platform do not constitute a recommendation or investment advice, nor legal or tax advice by the platform operator. Users are advised to seek economic, tax, and legal advice, particularly from a lawyer and tax advisor, before concluding contracts.The investment process is considered complete only after an amount has been selected by the subscriber, the contract for the profit participation certificate and all other documents and documents relevant to the investment process have been accepted, the payment has been made through the payment service provider, and a confirmation corresponding to the contract documents has been received by the user.
(4) The issuer expressly reserves the right to reject offers from subscribers without giving reasons. The subscriber, therefore, has no legal claim to the acceptance of their offer.
(5) Upon acceptance of the offer by the issuer, the subscriber has the right to withdraw from the mutual contract or the profit participation certificate subscribed by them within 14 days.
(6) Subscribers bear the risk of total loss when subscribing to a profit participation certificate. The subscribed capital, including interest claims, cannot be reclaimed if this would trigger insolvency for the issuer. This can lead to a total loss of the invested capital. Users are advised to pay attention to the detailed risk notices.
(7) Payments are processed exclusively through the payment service provider. The platform operator does not accept or make payments itself.
(8) The use of the Platform is free of charge for users.
(9) The Platform regularly offers users bonus promotions, including a start bonus and investment bonus. All bonus promotions (and the resulting bonus credits) cannot be paid out in cash and cannot be combined. The start bonus must be used within 14 days of registration on the Platform; otherwise, it expires. The investment bonus must be used within the period communicated on the Platform. To utilize the respective bonus promotion, it is sufficient to make a valid investment on the Platform. Payment to confirm and carry out the investment, taking into account the bonus promotion, can also be made later. If no payment is registered on the Platform within four weeks of making the investment, the bonus promotion (and the resulting bonus credits) expires. The Platform reserves the right to change or update the terms of the bonus promotions at any time, including the amount and design of the respective bonus promotions.
(10) Any comments, information, and documents on the Platform or related blogs that violate applicable laws or are otherwise inappropriate, particularly content that is racist, pornographic, offensive, or contrary to common decency, are not permitted. Violations of this provision may result in the user's liability for damages, the deletion of the affected contributions, and/or the user's immediate exclusion from further use of the Platform.
(11) If there are signs of misuse of the Platform, particularly in the case of contracts concluded via the Platform without payment of the investment amounts due according to the respective contract documents, the operator reserves the right to exclude the user from the use of the Platform with immediate effect.
(12) The platform operator has the right to reduce, expand, or otherwise change the services offered to users on the Platform at any time if this becomes necessary for important reasons.
4. Data Protection
(1) The user is not entitled to distribute or reproduce any documents, information, and documents provided by the Platform. This obligation remains in effect indefinitely, even beyond the duration of the Platform's use and upon termination of this user agreement. Violating this obligation may result in liability for damages.
(2) The collection and use of the user's personal data are exclusively in accordance with legal provisions, particularly considering applicable data protection laws.
(3) The platform operator reserves the right to randomly check the disclosed data. This data will not be disclosed to third parties without the user's explicit consent. The platform operator points out that data transmission over the internet (e.g., when communicating by email) may have security vulnerabilities. Complete protection of data from third-party access is not possible. Users have the right to free information about their stored personal data, their origin and recipients, and the purpose of data processing at any time, but no more than once per quarter, as well as the right to correct, block, or delete this data, provided this does not conflict with other contractual provisions.
(4) If the registered user provides data on the Platform in their profile, the platform operator is entitled to use this data and make it available to issuers and their service providers to ensure payments from the investments (e.g., interest, investment amount repayments) can be made to the investors and the corresponding registrations, particularly concerning capital gains tax, can be made by the tax obligor or their service provider to the appropriate authorities (legitimate interest). This particularly includes, but is not limited to, the investor's first and last name, the value of the investments, and the investor's bank details. No data will be disclosed to third parties without proof of a legitimate interest.
(5) The use of contact data published under the legal notice obligation by third parties to send unsolicited advertising and information materials is hereby expressly prohibited. The platform operator expressly reserves the right to take legal action in the event of unsolicited advertising information, such as spam emails.
5. Liability
(1) The platform operator's liability for contractual breaches of duty and tort is limited to intent and gross negligence, except in cases of personal injury.
(2) Furthermore, the platform operator is only liable for slight negligence in the event of a breach of such essential contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user regularly relies ("cardinal obligations"). Cardinal obligations include, in particular, maintaining the technical conditions for submitting binding subscription declarations via the digital subscription process. Liability for cardinal obligations is limited to such typical damages and/or such typical damage amounts as were foreseeable at the time of the contract conclusion.
(3) The above limitations of liability also apply in the event of fault by an agent, as well as for the personal liability of employees, representatives, and bodies of the platform operator.
(4) The above limitations do not apply to liability for injury to life, body, or health and under the Product Liability Act and in the event of the assumption of express guarantees by the platform operator.
(5) The platform operator does not guarantee the effectiveness of the concluded profit participation agreements or the economic success of the financing, the default of payments, and the risk of insolvency of the contractual parties.
(6) No warranty is provided for the information and statements made by real estate companies on the Platform, particularly about real estate projects (see section 3 (2) of the GTC).
(7) The platform operator assumes no liability for the content of the pages to which it links. If any of the linked pages contain questionable or illegal content, notification is requested to remove the link as quickly as possible in such cases. If you leave the Platform via an external link or click on a link that leads to an external site, your internet identity (IP address, operating system, used browser, etc.) may be recorded there. The platform operator cannot influence or inform about the collection and processing of your personal data by these pages – such as Facebook or Twitter. Users of the Platform are advised to review the terms of use and privacy policy of the respective providers on the linked pages.
6. Term & Termination
(1) The user agreement entered into for the use of the Platform is concluded for an indefinite period and can be terminated by either party at the end of the month with a 14-day notice period. To effect a legally valid termination, the user can send a corresponding notice in writing via an email received by the platform operator.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) The contracts concluded via the platform operator, particularly the subscription of profit participation certificates, remain unaffected by any termination.
7. Platform Availability
(1) The platform operator strives to provide comprehensive availability of the Platform within the technical and economic feasibility. However, users cannot claim uninterrupted availability for technical reasons. Maintenance, security, or capacity issues, as well as events beyond the control of the platform operator, may lead to temporary suspension of the services offered and the accessibility of the Platform.
(2) Users may also experience limitations due to insufficient technical equipment and/or lack of connection by the access provider.
(3) The platform operator is entitled to temporarily restrict the Platform and its services if this becomes necessary for capacity reasons, security reasons, to carry out other technical measures, or for other important reasons.
8. Final Provisions
(1) The platform operator reserves the right to change these GTC at any time and without giving reasons with future effect. The amended terms will be sent to the user in writing at least four weeks before they take effect. If the user does not object to the validity of the amended GTC within the specified period after receiving the notification of the change, the amended GTC are deemed accepted by the user.
(2) These GTC and the legal relationship between the platform operator and the user are subject to the law of the Republic of Austria.
(3) Severability Clause: Should any provision of this contract be invalid or void for any reason, this does not affect the validity of the remaining contract points. The contractual parties will replace the provision by mutual agreement with one that comes closest to the sense of the invalid or void provision.
(4) Jurisdiction and Place of Performance: For all disputes arising from this contract, the competent court for the 1st district in Vienna is responsible. Notwithstanding this, contractual partners can also be sued at their general place of jurisdiction.
