Terms and Conditions

1. Preamble / Scope

These Terms and Conditions ("T&C") govern the use of the heykaution platform and the brokerage of rental deposit accounts by PlusForta GmbH, Talstr.24, 40217 Düsseldorf, Germany ("heykaution").

heykaution acts as an independent contractual partner vis-à-vis the users. The contract for the use of the platform is concluded between the user and heykaution ("Platform Agreement").

Furthermore, heykaution brokers rental deposit accounts managed by Vereinigte Volksbank Raiffeisenbank eG, Darmstädter Str. 62, 64354 Reinheim, Germany ("Bank"). The contractual partner for the rental deposit account is exclusively the Bank. The General Terms and Conditions, Special Conditions and other contractual documents of the Bank in their respective valid version apply to this account agreement.

These T&C apply exclusively to the Platform Agreement between the user and heykaution. The contractual conditions of the Bank apply additionally insofar as they concern the account agreement. For better understanding of these T&C, the following definitions apply:

2. Contractual Partner and Role of heykaution

The user concludes a Platform Agreement with heykaution for the use of digital services, in particular access to the customer portal, authentication and transmission of data to the Bank.

In the context of brokering rental deposit accounts, heykaution assumes the role of a technical declaration messenger. This means heykaution forwards declarations, documents and data from the user unchanged to the Bank.

heykaution is not a contractual partner of the account agreement. All rights and obligations arising from the account agreement exist exclusively between the user and the Bank.

heykaution provides additional services, in particular:

• Operation of the customer portal,
• Provision of documents in the portal,
• Customer communication within the framework of brokerage and administration,
• Technical processing of authentication and authorization.

heykaution is not authorized to make or receive legal declarations on behalf of the Bank, unless expressly provided for in these T&C.

3. Contract Conclusion and Application Process (Click Flow)

The user can apply for a rental deposit account via the platform. The application process includes in particular the following steps:

• Entry of personal data (name, address, date of birth, contact information),
• Information about the rental relationship (apartment, landlord, deposit amount),
• Specification of the reference account,
• Consent to the T&C, data protection notices and contractual documents of the Bank,
• Completion of a legally required identification procedure via a service provider specified by the Bank (e.g. IDNOW). heykaution merely provides the user with the link provided by the Bank for this purpose. The execution and evaluation of the identification is carried out exclusively between the user, the service provider and the Bank. heykaution only receives information from the Bank as to whether the identification has been successfully completed.

After completion of the entries, the application is forwarded electronically to the Bank via the platform. heykaution acts as a technical declaration messenger in this process.

The account agreement is concluded exclusively with the Bank. The Bank examines the application, conducts the identification and decides on the account opening.

The user receives confirmation of receipt of the application and – in case of acceptance – the account details (IBAN, BIC) from heykaution on behalf of the Bank. All contractual documents are made available to the user digitally.

There is no legal entitlement to account opening. The Bank may reject applications at any time without giving reasons.

4. Use of the Platform / Customer Portal

heykaution reserves the right to adjust the scope of services of the platform at any time. This includes in particular the addition, modification, restriction or discontinuation of individual functions, insofar as this is objectively justified (e.g. due to requirements of the Bank, technical developments or legal changes).

The user receives access to the customer portal after successful registration. Login is via email address and a password chosen by the user. The user is obligated to choose a secure password and keep it secret. Specific password requirements are regulated separately in the terms of use of the customer portal or a security policy.

To protect the account, two-factor authentication (e.g. SMS TAN) is used for every login and for security-relevant processes.

The following functions are available to the user in the customer portal in particular:

• Viewing contract and account information,
• Retrieval of documents (e.g. account opening confirmation, deposit certificate, statements),
• Initiating withdrawal requests to the registered reference account,
• Communication with heykaution (e.g. status information, service requests).

The user is obligated to keep access data secret and ensure that third parties do not have access to the customer portal. In case of suspected misuse, heykaution must be informed immediately.

heykaution reserves the right to temporarily block access to the customer portal in case of suspected unauthorized use or for security reasons. In case of serious or repeated violations of these T&C, heykaution is also entitled to permanently block the user's account and terminate the Platform Agreement extraordinarily.

5. Customer Obligations

The user is obligated to provide all information made in the context of the application and usage process completely and truthfully and to notify changes immediately.

The user may use the customer portal exclusively for the intended purpose in connection with the rental deposit account.

The user is obligated to:

• Keep access data confidential,
• Maintain the registered reference account exclusively in their own name,
• Prevent use by unauthorized third parties,
• Report security-relevant incidents to heykaution immediately.

A change of the reference account is only possible in compliance with the legitimation requirements specified by the Bank.

The user undertakes not to post any content or data to the platform that violates applicable law or the rights of third parties.

6. Deposits and Withdrawals

After opening the rental deposit account, the user is obligated to deposit the agreed deposit amount to the account communicated by the Bank. If the deposit is not made within 90 days after account opening, the Bank may revoke the account opening or close the account; heykaution is entitled to terminate the Platform Agreement in this case.

Withdrawals are made exclusively via the reference account specified when opening the account. Withdrawals to other accounts are excluded. Deposits can be made from an account specified by the tenant.

Withdrawals can only be initiated by the user in the customer portal and require authorization via SMS TAN.

Cash withdrawals or withdrawals by check are excluded.

Upon account closure, the balance including accrued interest is paid exclusively to the landlord. The landlord is obligated to return the deposit plus interest to the tenant in accordance with legal requirements.

Changes to the reference account or additional withdrawal options are only possible after separate legitimation and consent of the Bank.

7. Communication and Documents

Communication between heykaution and the user is generally conducted electronically via the customer portal or by email to the address provided by the user.

Legally relevant notifications are deemed to have been received when they are made available in the customer portal or sent to the email address provided by the user.

Contractual documents, account statements, certificates and other documents are made available to the user exclusively in electronic form in the customer portal or by email. There is no entitlement to postal delivery.

The user is obligated to ensure regular retrieval of electronic communications and documents.

Changes to communication methods may be announced by heykaution at any time with reasonable notice.

8. Fees and Costs

heykaution does not charge separate fees for the user's use of the platform.

The account management of the rental deposit account is subject to the fees and conditions set by the Bank. These are made available to the user during the application process.

heykaution receives compensation from the Bank for the brokerage and operation of the platform. This has no influence on the fees applicable to the user.

The user bears any costs for means of communication (e.g. internet connection, SMS). Up to ten (10) SMS TANs per month are free of charge; a fee of €0.20 is charged for each additional SMS TAN.

Additional services outside the regular use of the customer portal (e.g. postal sending of documents at the express request of the user) may be subject to charges. Corresponding fees are displayed transparently in advance.

9. Availability and Maintenance of the Platform

heykaution strives to provide the platform and customer portal with as few interruptions as possible. However, there is no entitlement to availability at all times, uninterrupted and error-free.

Maintenance work, security or capacity concerns, as well as events beyond the control of heykaution (e.g. disruptions to public communication networks, power failures), may lead to temporary restrictions or interruptions in availability.

heykaution will announce planned maintenance work in advance where possible and limit the duration of interruptions to what is necessary.

10. Data Protection

The processing of personal data is carried out in accordance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

heykaution processes personal data exclusively for the performance of the Platform Agreement, for the brokerage of the account agreement and for the fulfillment of legal obligations.

The Bank is responsible for data processing in connection with the account agreement. The data protection information of the Bank applies, which is made available to the user during the application process.

heykaution uses technical and organizational measures to ensure data security in fulfilling its tasks.

Further information on the processing of personal data by heykaution can be found in the separate privacy policy, which is available on the platform.

11. Liability

heykaution is liable without limitation for intent and gross negligence.

In case of slightly negligent breach of essential contractual obligations (cardinal obligations), heykaution's liability is limited to foreseeable, contract-typical damage. Cardinal obligations are obligations whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the user regularly relies.

Liability for slight negligence is otherwise excluded.

Liability for damages resulting from injury to life, body or health as well as under the Product Liability Act remains unaffected.

heykaution assumes no liability for the services of the Bank, in particular not for account management, interest payments, deposits or withdrawals and decisions on account opening. Likewise, heykaution assumes no liability for the services of external identification service providers (e.g. IDNOW) or for the availability and functionality of telecommunications and internet services required for use of the platform.

Insofar as heykaution's liability is excluded or limited, this also applies to the personal liability of legal representatives, employees and vicarious agents.

12. Term and Termination

The Platform Agreement is concluded for an indefinite period and applies until termination by the user or heykaution.

The user may terminate the Platform Agreement at any time without notice by deleting their customer account. Termination of the Platform Agreement does not affect the account agreement with the Bank.

heykaution may terminate the Platform Agreement with four weeks' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected.

Upon termination of the Platform Agreement, access to the customer portal will be blocked. Settlement of the account agreement is carried out exclusively according to the regulations of the Bank. Obligations and rights arising from existing account agreements with the Bank remain unaffected by termination of the Platform Agreement.

Statutory retention obligations remain unaffected by termination.

13. Changes to the T&C

heykaution is entitled to change these T&C insofar as objective reasons require this (e.g. changes to legal requirements, expansion of functions, adaptation to security standards).

Changes will be communicated to the user in text form at least six weeks before their planned entry into force.

If the user does not object to the change before it takes effect, the changes are deemed approved. heykaution will specifically point this out to the user in the change notification.

In the event of a timely objection, heykaution is entitled to terminate the Platform Agreement with four weeks' notice.

14. Right of Withdrawal

Users who are consumers within the meaning of § 13 BGB have the right to withdraw from the Platform Agreement within 14 days without giving reasons. The withdrawal period is 14 days from the day of contract conclusion.

To exercise the right of withdrawal, heykaution provides an easily accessible and clearly visible digital withdrawal function, reachable via a clearly labelled link (including in the footer) and available throughout the entire withdrawal period. Withdrawal is carried out via the withdrawal form provided there in two steps: first the user provides the information required to identify the contract; then the user confirms the withdrawal via a separate button.

The user may also declare the withdrawal outside the digital withdrawal function by means of a clear declaration – by email to widerruf@plusforta.de or by letter to plusforta GmbH, Talstraße 24, 40217 Düsseldorf. The user may use the model withdrawal form provided by heykaution for this purpose, but this is not mandatory.

The withdrawal takes effect upon dispatch of the withdrawal declaration. To meet the withdrawal deadline, timely dispatch is sufficient. heykaution confirms receipt of the withdrawal to the user without delay on a durable medium (by email), stating the date and time.

Upon an effective withdrawal, the Platform Agreement and the rental deposit account agreement concluded through it are terminated. All accounts opened in connection with the contractual relationship are dissolved and closed; the user account (account) on the platform is permanently closed. Use of the platform itself is free of charge for the user; any balance held on the rental deposit account is repaid to the user in accordance with paragraphs (6) and (7).

If a rental deposit account with a balance exists, its dissolution and the payout of the balance constitute a payment transaction which, under regulatory requirements – in particular strong customer authentication pursuant to the Second Payment Services Directive (PSD2) – requires authorisation by the user. The user is asked to log in and authorise the payout. This authorisation concerns solely the execution of the payout; the effectiveness of the withdrawal remains unaffected.

The reversal of the rental deposit account agreement is carried out vis-à-vis the Bank in accordance with its conditions.

15. Final Provisions

The contract language is German. All communication between heykaution and the user is generally conducted in German.

The European Commission provides a platform for online dispute resolution (ODR platform) which is available at https://ec.europa.eu/consumers/odr/. Users who are consumers have the option of using this platform for the settlement of disputes.

heykaution is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board. Should participation become legally mandatory, heykaution will inform the user separately.

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from the Platform Agreement is, insofar as legally permissible, Düsseldorf.

Amendments and supplements to these T&C require text form. This also applies to the waiver of this formal requirement.

Should individual provisions of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the statutory regulation shall apply. The same applies to any regulatory gaps.