Terms of Service

The provider is Andrual Technologies UG (haftungsbeschränkt), Torstrasse 166, 10115 Berlin, registered with the commercial register of the local court of Charlottenburg (Berlin) under HRB 267309 B (Athaus or we). These terms apply to the use of athaus.ai, app.athaus.ai and the interfaces of Athaus.

They apply to consumers (§ 13 German Civil Code) and businesses (§ 14 German Civil Code). Where a rule applies to only one of the two groups, this is stated. Deviating terms of the user do not become part of the contract, even if we do not expressly object to them.

The contract language is German. The English version is a reading aid.

Athaus is software with which a provider (an agent, a property manager or an owner) markets properties and manages their contacts: adding properties, publishing listings on athaus.ai, answering enquiries, offering viewings, keeping documents and cases. Depending on the plan, further features are included (§ 4).

The public catalogue on athaus.ai shows properties that a provider has listed themselves, and listings from partner portals that let us publish their listings. Athaus does not search third-party portals. An enquiry about a listing from a partner portal requires an account and reaches the provider through the partner portal; the reply comes by email.

Expressly not part of the contract:

• No estate agency.Athaus does not broker properties, does not point out an opportunity to conclude a deal and charges no commission from anyone. Using the service creates no agency or brokerage contract, neither with the provider nor with an interested party. A listing is the provider's advertisement; Athaus publishes it and forwards enquiries to the provider, but negotiates no specific contract for anyone.
• No legal, tax or financial advice. Notes within the service, including those about mandatory details in a listing, do not replace advice in an individual case.
• No promise of success. Athaus owes the provision of the software, not a sale, a tenancy, a given number of enquiries or a given price.

Obligations that apply to a provider remain with them. This applies in particular to the obligations of an estate agent under the German Money Laundering Act (identification, risk management, reporting suspicious cases), to the mandatory details of a property advertisement and to contracts the provider concludes with consumers themselves. Features in Athaus can help with this; they do not take over these obligations.

Use requires an account. Details given at sign-up must be accurate. Credentials are to be kept confidential.

On the provider side every account belongs to an office. Whoever creates an office is its owner. The owner takes out the plan for the office; the owner and the office's administrators can book, change and cancel plans. The owner invites further members as far as the plan allows.

An account can be deleted at any time in the settings. On deletion the user data is removed unless a statutory retention obligation applies; details are in the privacy policy. If the only owner of an office deletes their account, the office's plans end with the deletion and nothing further is charged.

The provider side is paid for. Basic and Pro are priced per account (office), Team per user. All prices are final prices including statutory VAT.

• Basic: EUR 9 per month or EUR 90 per year. Up to three properties and one member, listing on athaus.ai, answering enquiries, documents per property, AI text drafts, self-booked viewings.
• Pro: EUR 99 per month or EUR 990 per year. Any number of properties and up to three members, plus tenant details, importing a portfolio and connecting a CRM.
• Team: EUR 99 per user per month or EUR 990 per user per year, for at least four users. Everything in Pro, for any number of members. A user is every member of the office who has accepted their invitation, the owner included.

The yearly price equals ten monthly prices.

Some features are included in a quantity per month, such as the AI credit or the number of valuations. The quantities per plan are shown at plan selection and in the app under billing; they restart every month and do not carry over. Once a quantity is used up, the feature is unavailable until the next month. This causes no additional costs.

If an amount shown immediately before ordering differs from this section, the lower one applies.

The plans for providers have no trial. A plan applies from its activation (§ 6), and the amount for the first billing period is due when the order is completed.

Showing the plans is not yet a binding offer. A plan is ordered like this:

1. In the app, under billing or during setup, the user chooses the plan and the billing interval (monthly or yearly). Price, term, cancellation and, where there is one, the trial are shown above the button.
2. They agree to these terms, for a provider plan also to the data processing agreement, and request that Athaus starts right away (§ 9).
3. On the payment page of our payment provider Stripe they enter a payment method and billing address. Before submitting they see plan and price once more and can correct any entry or cancel the process.
4. By clicking the button that names the obligation to pay (such as "Subscribe with obligation to pay") they make a binding offer. The contract is concluded as soon as we activate the plan, which happens right after. The confirmation of the contract arrives by email.

We record which version of these terms was agreed to, with time and checksum; the app shows this under billing. The current version is at athaus.ai/agb, earlier versions are sent on request. When ordering, the terms can be saved with the print or save function of the browser.

Payment runs through Stripe Payments Europe, Ltd. (Stripe). The user enters card details there; Athaus neither collects nor stores them. Invoices are issued by Stripe and can be retrieved in the app under billing.

With monthly billing the charge is made at the start of each month, with yearly billing at the start of each year, after a trial in each case from its end. If a payment fails, Stripe retries it over several days; if it remains unpaid, Athaus may suspend the paid features until payment is made.

A change to a larger plan applies immediately; the amount for the rest of the current period is settled pro rata. A change to a smaller plan applies at the end of the period paid for.

On Team the base amount covers four users. Each additional user costs at most the per-user price for the billing period and is charged afterwards with the next invoice.

Monthly billing. The contract runs for an indefinite period with no minimum term. It can be cancelled at any time and ends at the end of the current month, during the trial at the end of the trial.

Yearly billing. The first term is one year; it can be cancelled at any time up to its end. After that:

• For consumers the contract continues for an indefinite period and can be cancelled at any time with one month's notice. We refund the amount paid in advance for the time after the contract ends pro rata.
• For businesses it renews for one further year at a time unless cancelled by the end of the current year.

Until the contract ends, the features of the plan remain available. Cancellation works without signing in through Cancel contracts here on athaus.ai, in the app under billing, or in text form to kontakt@athaus.ai.

Athaus may cancel with one month's notice to the end of a billing period, at the earliest to the end of the first term. The right to extraordinary termination for cause remains unaffected for both sides.

Consumers have a right of withdrawal of fourteen days. The wording including the model form is in the withdrawal policy. Withdrawal also works without signing in through Withdraw from contract on athaus.ai.

Before ordering, the consumer can request that Athaus starts right away, before the withdrawal period ends. We obtain this request with a separate checkbox and record it. If they withdraw afterwards, they pay a reasonable amount for the service up to the withdrawal (§ 357a(2) German Civil Code).

The provider retains all rights to the details, texts, photos, floor plans and documents they upload. For the duration of publication they grant Athaus a simple, territorially unlimited right to use this content to market that specific property: on the property page and in the catalogue of athaus.ai, in previews and search results, and in the channels the provider uses through Athaus themselves (exposé).

The right ends when the listing is taken offline, the property is deleted or the contract ends. Content the provider has already handed to another portal or network themselves cannot be retrieved there by Athaus.

The provider warrants that they hold the necessary rights, in particular to photos and floor plans, and that the content does not infringe the rights of third parties. They indemnify Athaus against third-party claims based on a breach of this warranty, including reasonable costs of legal defence.

The provider is responsible for the accuracy and completeness of their details, in particular the mandatory details of a property advertisement under § 87 of the German Buildings Modernisation Act (GModG). Athaus checks that these details are present, not that they are correct.

How Athaus handles personal data for which Athaus itself is the controller is set out in the privacy policy.

Athaus processes the personal data of third parties that the provider processes in Athaus on the provider's instructions: interested parties, owners and all contacts the provider adds, imports or takes over from another system, along with messages, appointments and documents. The data processing agreement applies as an annex to these terms. It is expressly agreed to when taking out a plan.

The user undertakes

• to list only properties they are entitled to market,
• not to post unlawful, misleading or discriminatory content,
• to add, import or take over personal data of third parties only where they are allowed to process it, and no special categories of personal data (Art. 9 GDPR) without a legal basis,
• not to scrape the service automatically and not to circumvent protective measures,
• not to use enquiries and messages received through Athaus for advertising unrelated to the property, and to send advertising by email or phone only with the recipient's consent.

An agent who lists a flat for rent warrants with every publication that they hold a mandate from the landlord or another entitled person to do so (§ 6(1) German Housing Brokerage Act, WoVermRG) and proves it to Athaus on request. In the advertisement they state their name, that they act as a housing broker and the rent, and indicate whether ancillary services are charged separately (§ 6(2) WoVermRG). They charge searchers who enquire through Athaus no fee for pointing out or brokering the flat (§ 2(1a) WoVermRG). The listing and every message that goes to an interested party through Athaus are statements of the provider.

On every listing, Athaus publicly shows who is offering it: the name from the provider profile, for a commercial provider with the designation as a real estate agent and a link to their legal notice (Impressum), for a private one with a note that they offer privately. The provider enters the name they trade under there, as a business its registered name, and keeps it and the legal notice up to date.

In the event of a serious or repeated breach, Athaus may take individual listings offline or suspend access. The user will be informed.

Anyone looking for a property uses Athaus free of charge: seeing every listing, saved searches, the suggestions for them and enquiries to providers cost nothing. Everyone searching sees the same listings at the same time, and the order does not depend on whether anyone pays. An enquiry goes out only after release by the searcher; the provider's reply arrives in their inbox in the app.

When searching for a rental, the same limits apply to everyone, and none of them can be bought. There is no auto mode that enquires by itself there, for anyone.

No agency or brokerage contract with Athaus is concluded in the process. Athaus owes no matches: whether and when a suitable property appears depends on what providers list.

Such-Pro. Such-Pro extends only the search for a property to buy. For rentals it changes nothing: everyone sees the same listings at the same time, and enquiries are free for everyone. Athaus is not an estate agent and owes no success. Such-Pro costs EUR 9.99 per month including VAT and runs monthly. The first three days are a trial, once per account, for a one-off EUR 1.99; cancelling during the trial costs only this amount.

For a search for a property to buy, Such-Pro includes more saved searches, more enquiries per day and auto mode. In auto mode, Athaus sends an enquiry to new matching properties for sale in the searcher's name, on their instruction for exactly that search; they switch it on per search and off at any time. Paying searchers see listings neither earlier nor different from everyone else, and their enquiries are not placed further up with the provider.

The price does not depend on whether the searcher finds a property and is not refunded because they found none; cancellation (§ 8) and withdrawal (§ 9) remain unaffected. §§ 6 to 9 apply to ordering, payment, term and withdrawal.

Some features work with language models, such as drafts for texts and replies, reading documents, valuations and the chat. In the chat, an AI system replies. Results may be incomplete or wrong. The user checks them before using, publishing or sending them; what they publish or send is their responsibility.

Athaus is developed continuously. Features may be added, changed or removed as long as the contractually owed core remains: for the provider the listing, enquiries and the features of their plan, for the searcher the saved search, suggestions and enquiry.

Towards consumers, Athaus changes the service beyond what is needed to keep it in conformity only for a valid reason, such as a change in the law, security, technical development or a discontinued third-party service, at no additional cost and with clear information. If a change impairs use more than insignificantly, we inform in advance on a durable medium, and the consumer may end the contract free of charge within 30 days (§ 327r German Civil Code).

No particular availability is warranted. Maintenance windows and faults may restrict the service temporarily. If a paid feature is discontinued permanently, the user may terminate extraordinarily; the amount for the unused period is refunded pro rata.

Athaus is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of a guarantee given.

For simple negligence Athaus is liable only for breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely, and limited in amount to the damage foreseeable and typical for this type of contract at the time the contract was concluded.

Athaus is not liable for content posted by a provider, nor for the conclusion or performance of a transaction between provider and interested party.

Athaus may change these terms for the future where there is an objective reason, such as a change in the law, in case law or in the scope of the service. We announce a change with its content in text form at least six weeks before it takes effect.

It applies only if the user expressly agrees to it; the app asks for this on the next visit. Silence does not count as consent, and until consent is given the previous version applies. If the user does not agree, Athaus may cancel the contract under § 8. Price changes apply only with express consent. Changes that only affect spelling or a reference and do not touch the content need no consent.

German law applies. For consumers this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

Should a provision be invalid, the remainder of the contract remains effective.