General Terms and Conditions
for the provision of services by Amoreal GmbH, https://debt-match.com/, Mittelweg 158b, 20148 Hamburg, Germany, e-mail: help@debt-match.com (hereinafter referred to as the “Service Provider”) to its customers (hereinafter referred to as the “Customer”)
1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services shall apply to contracts concluded between the Customer and the Service Provider subject to the inclusion of these GTC.
1.2 The Service Provider does not enter into contracts with consumers or private individuals. The services offered are exclusively intended for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
1.3 If other contractual documents, service descriptions, price information or individual agreements between the Service Provider and the Customer have become part of the contract in addition to these GTC, such documents shall take precedence over these GTC in the event of any conflict.
1.4 Any terms and conditions of the Customer that deviate from these GTC shall not be recognized by the Service Provider unless expressly agreed otherwise.
2. Subject Matter of the Contract and Scope of Services
2.1 Operation of the Platform
The Service Provider operates an online matching platform for commercial real estate, corporate and project financing under the domain https://debt-match.com/ (hereinafter referred to as the “Platform”).
The Platform enables registered commercial financing applicants (hereinafter referred to as the “Customer”) to submit financing requests for specific projects and make them available to potential commercial financing partners.
Each financing request relates to one specific project and one specific type of loan financing. Loan types include all financing forms offered or selectable on the Platform.
Multiple financing requests may be assigned to the same project if different loan types are requested.
The contractual relationship for the respective financing request shall come into effect upon the Service Provider’s acceptance and provision of the financing request. Registration, use of the Platform, submission of the financing request and the generation of matches are free of charge. The contractual term for the respective financing request begins upon its acceptance and provision and shall be 12 months.
2.2 Review and Provision of Financing Requests
Before making financing requests available to financing partners, the Service Provider may review them for obvious inconsistencies, abusive content, fictitious projects and other apparent irregularities.
Such review serves in particular to ensure the quality of the Platform and to protect participating financing partners.
Such review does not constitute a comprehensive economic, legal, technical, tax or financial assessment of the project.
In particular, the Service Provider does not warrant that the information provided by the Customer is complete, accurate, economically viable or financeable.
Following such review, the Service Provider may make a summary of the respective financing request (hereinafter referred to as the “Project Summary”) available to registered financing partners for review.
2.3 Matching and Creation of a Match
A “Match” is created when, after receiving a Project Summary provided by the Service Provider, a financing partner expressly selects the “I am interested” function or an equivalent function on the Platform and thereby indicates its specific interest in the relevant financing request.
Following the creation of a Match, the Customer will receive a corresponding notification via the Platform.
The identity and contact details of the interested financing partner will initially not be disclosed to the Customer.
Multiple Matches with different financing partners may arise for a single financing request. The mere existence of one or more Matches does not give rise to any additional payment obligation on the part of the Customer.
2.4 Paid Disclosure
The disclosure of the identity and contact details of one or more interested financing partners shall only take place upon the Customer’s express instruction.
The paid disclosure of interested financing partners constitutes a separate paid order placed by the Customer in connection with the respective financing request.
The Customer is not obliged to request such disclosure. If the Customer does not request the paid disclosure, no costs shall arise solely from the existence of a Match.
The applicable fee for the disclosure shall be displayed to the Customer before completion of the paid ordering or payment process.
2.5 Scope of the Paid Service
The paid service provided by the Service Provider consists of disclosing or transmitting the identity and contact details of the interested financing partners intended for contacting the relevant financing partners.
The agreed fee applies to the respective financing request. Following payment, no additional costs shall arise for further Matches within the same financing request.
Disclosure of financing partners for one financing request does not constitute disclosure or any other paid service for other financing requests of the Customer. This applies in particular to additional loan types for the same project and to financing requests for other projects.
The disclosure does not constitute any assurance that the financing partner will actually make contact, submit a financing offer or conclude a financing agreement.
2.6 No Guarantee of Financing Success
The Service Provider does not owe the creation of a Match, the submission of a financing offer or the conclusion of a financing agreement.
The decision as to whether and under which conditions a financing partner offers financing shall be made exclusively by the respective financing partner.
All further discussions, reviews, negotiations and, where applicable, the conclusion of a financing agreement shall take place exclusively between the Customer and the respective financing partner.
2.7 No Financing Advice
The Service Provider does not provide individual financing advice, investment advice, legal advice or tax advice.
The Service Provider is not a lender and does not make any decision regarding the granting of financing.
In particular, the Service Provider does not guarantee any specific financing terms or the successful completion of financing.
3. Registration and Use
3.1 Use of the Platform requires registration.
3.2 Registration, use of the Platform, submission of financing requests and the generation of Matches are free of charge.
3.3 The Customer undertakes to provide complete, accurate and up-to-date information when registering and using the Platform.
3.4 The Customer may use the Platform exclusively for lawful business purposes.
3.5 In particular, the Customer may not submit fictitious, knowingly false, abusive or unlawful financing requests.
3.6 The Service Provider shall be entitled to reject registrations, refuse to make financing requests available or temporarily or permanently suspend user accounts if there is an objective reason for doing so. The termination or deactivation of an individual financing request shall not affect the Customer’s user account or other financing requests unless there is a separate reason for restricting or terminating the user account.
4. Fees and Disclosure
4.1 A one-time fee shall be payable for the disclosure of one or more interested financing partners expressly requested by the Customer in connection with a specific financing request. The applicable fee shall be clearly displayed to the Customer before completion of the paid ordering or payment process.
4.2 Each financing request relates to one specific project and one specific loan type. Each additional loan type for the same project constitutes a separate financing request. The same applies to financing requests relating to additional projects.
4.3 The fee shall become payable for the respective financing request once the Customer expressly orders the disclosure of an interested financing partner for that financing request.
4.4 The fee is stated as a net amount. Any applicable statutory value added tax (VAT) shall be charged in addition or otherwise treated in accordance with the applicable statutory provisions.
4.5 Where the statutory requirements for invoicing without German VAT are met, in particular where the reverse charge mechanism applies, invoicing shall be carried out in accordance with the applicable statutory provisions.
4.6 The paid order for disclosure of a Match shall only come into effect once the Customer expressly completes the designated paid ordering or payment process.
4.7 Before completion of the paid ordering or payment process, the Customer shall be shown in particular the applicable fee for the respective financing request and any VAT additionally payable or the applicable VAT treatment.
4.8 Payment shall be made using the payment method offered during the respective disclosure process. The Service Provider shall be entitled to disclose or transmit the identity and contact details of the interested financing partners only after full payment has been received.
4.9 Payment of the agreed fee fully settles the paid service provided by the Service Provider for the respective financing request. No additional success-based fee shall be payable for the subsequent conclusion of a financing agreement.
4.10 Any number of Matches with different financing partners may arise for a financing request. Following payment of the agreed fee, no additional costs shall arise for further Matches within the same financing request.
4.11 Disclosure of financing partners for one financing request does not constitute disclosure or any other paid service for other financing requests of the Customer. This applies in particular to additional loan types for the same project and to financing requests relating to other projects.
5. Customer’s Duties to Cooperate
5.1 The Customer shall provide the Service Provider with all information required for the use of the Platform completely, truthfully and in an up-to-date form.
5.2 The Customer may only submit genuine and legally permissible financing requests.
5.3 The Customer is in particular obliged not to provide knowingly false or misleading information concerning the project, property, company, financing requirements or financial circumstances.
5.4 The Customer is solely responsible for independently reviewing the information and contacts received through the Platform.
6. Handling of Contact Details and Information
6.1 Contact details and information disclosed through the Platform may be used by the Customer exclusively in connection with the respective financing process.
6.2 The Customer shall treat the information received as confidential and comply with all applicable data protection laws.
6.3 Disclosure of contact details to third parties for purposes other than those permitted under the contract is prohibited unless based on a legal obligation or the express consent of the person concerned.
7. Liability / Indemnification
7.1 The Service Provider shall be liable without limitation on any legal basis in cases of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee, insofar as otherwise provided in this respect, or pursuant to mandatory statutory liability.
7.2 If the Service Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the preceding paragraph.
7.3 In all other respects, the Service Provider’s liability is excluded to the extent permitted by law.
7.4 In particular, the Service Provider does not warrant that:
- a financing partner will actually offer financing,
- a financing partner will offer specific financing terms,
- a financing partner will actually make contact after disclosure,
- information provided by the financing partner will be complete or accurate,
- negotiations will be successful, or
- a financing agreement will be concluded.
7.5 The Customer shall indemnify the Service Provider against third-party claims arising from a culpable breach by the Customer of these GTC or applicable law.
7.6 The above liability provisions shall also apply for the benefit of the Service Provider’s legal representatives, employees and vicarious agents.
8. Availability of the Platform
8.1 The Service Provider shall endeavor to ensure the highest possible availability of the Platform.
8.2 There is no entitlement to continuous and uninterrupted availability.
8.3 Temporary restrictions may occur in particular due to maintenance work, security measures, technical disruptions, failures of third-party providers or events beyond the Service Provider’s control.
9. Technical Service Providers
The Service Provider shall be entitled to use external service providers for the technical provision and implementation of individual functions of the Platform.
The engagement of such service providers shall generally not establish a contractual relationship between the Customer and the respective technical service provider.
Further information on the processing of personal data by service providers used by the Service Provider is set out in the Service Provider’s Privacy Policy.
10. Confidentiality and Data Protection
10.1 The Service Provider shall process personal data in accordance with the applicable data protection laws and the Privacy Policy published on the Platform.
10.2 The parties undertake to treat as confidential any confidential information that becomes known to them in connection with the use of the Platform.
10.3 The Customer undertakes to comply with all applicable data protection laws when processing data received through the Platform.
11. Contract Term and Termination
11.1 The contractual relationship shall be concluded separately for each specific financing request. Each financing request relates to one specific project and one specific loan type.
11.2 The contractual term for the respective financing request shall be 12 months and shall begin upon the Service Provider’s acceptance and provision of the financing request. Upon expiry of the contractual term, the contractual relationship for the respective financing request shall automatically end without the need for termination. The paid disclosure of one or more Matches shall have no effect on the commencement or duration of the contractual term.
11.3 The Customer may terminate an individual financing request at any time in text form. Termination of a financing request shall not affect the user account or other financing requests of the Customer.
11.4 The Service Provider may terminate or deactivate an individual financing request early for an objective reason. The right to extraordinary termination for good cause shall remain unaffected.
11.5 Following expiry or termination of the contractual term, the Service Provider shall be entitled to deactivate and remove the respective financing request from the Platform, unless statutory retention or documentation obligations prevent this.
11.6 The termination or deactivation of an individual financing request shall not affect the Customer’s user account or any other existing financing requests or contractual relationships.
11.7 Paid disclosures already ordered and payment claims already incurred shall remain unaffected by the termination of the respective financing request.
11.8 Statutory retention obligations and the Service Provider’s legitimate interests in continued storage shall remain unaffected by the termination of the respective financing request.
12. Changes to the Platform
12.1 The Service Provider shall be entitled to further develop, modify or adapt the technical functions and technical structure of the Platform, provided that the essential purpose of the contract is not impaired.
12.2 Changes may become necessary in particular due to technological developments, security requirements, statutory requirements or changes to technical systems used.
13. Applicable Law and Place of Jurisdiction
13.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2 If the Customer is a commercial trader (Kaufmann), a legal entity under public law, a special fund under public law, or has no general place of jurisdiction in Germany, then, to the extent legally permissible, Hamburg shall be the place of jurisdiction for all disputes arising out of or in connection with the contractual relationship.
Exclusive statutory places of jurisdiction shall remain unaffected.
13.3 Mandatory statutory provisions of the state in which the Customer has its registered office shall remain unaffected to the extent that such provisions are mandatorily applicable notwithstanding the choice of law made herein.
14. Final Provisions
14.1 If any provision of these GTC is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
14.2 The Customer shall support the Service Provider in the performance of the contractual services by providing reasonable cooperation and, in particular, the information and data required for this purpose.
15. Information on Consumer Dispute Resolution
The Service Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.