Terms and Conditions(convenience translation)

1. Operator of the website, scope of application and definitions

1.1 The website at nebify.de is operated by Kolibri eCommerce GbR (hereinafter “nebify”), represented by:

Partners with power of representation (vertretungsberechtigte Gesellschafter): Phil Holthaus, Johann Slawski
Address: Bronzeweg 10, 48282 Emsdetten
E-mail: info@nebify.app
VAT ID (Umsatzsteuer-ID): DE370222376

1.2 The following General Terms and Conditions (hereinafter “Terms”; German: “AGB”) apply to all declarations of intent (Willenserklärungen), contracts and quasi-legal acts (rechtsgeschäftsähnliche Handlungen) of nebify with its contractual partners (hereinafter “customers”) in connection with the services offered via nebify.de. nebify hereby expressly objects to counter-confirmations by customers that refer to their own terms and conditions. These shall not become part of any agreement unless nebify expressly confirms them in writing.

1.3 In the following clauses, the term “Nebenkosten” (ancillary costs) is also used for “Betriebskosten” (operating costs).

1.4 The languages available for the conclusion of the contract are German and English. In the event of discrepancies between the German and the English version of these Terms, the German version shall prevail.

2. Subject matter of the contract

2.1 Via the website nebify.de, nebify offers the customer paid and free services in connection with the review of statements of ancillary costs (Nebenkostenabrechnungen) and provides the customer with information and text templates with which the customer can themselves raise objections (Einwendungen) to their statement vis-à-vis the landlord. The customer uploads the documents required for the review of the statement of ancillary costs online.

2.2 nebify offers the following service packages:

• Pre-check (Vorprüfung; free of charge): Automated, software-assisted analysis of the statement of ancillary costs. The customer receives an overview of all cost items, whether they can be passed on to the tenant (Umlagefähigkeit), and an estimated savings potential in euros. The pre-check is free of charge and non-binding.
• nebify Prüfung (also “nebify Plus”; EUR 24.90, one-time per statement): Complete review report (Prüfbericht) with all findings, legal bases, rulings of the German Federal Court of Justice (Bundesgerichtshof, BGH), the draft of an objection letter (Widerspruchsschreiben) that the customer can send to the landlord themselves, a year-on-year comparison and the option of having a reply from the landlord put into context (einordnen).
• nebify Pro Service (also “Experten-Prüfung”; EUR 44.90, one-time per statement): All services included in the nebify Prüfung, plus a personal follow-up discussion (Nachbesprechung), support in wording the communication with the landlord and availability as a point of contact until the matter is clarified (bis zur Klärung). The customer makes any declarations to the landlord themselves.
• Commercial pre-check (Gewerbe-Vorprüfung, free of charge): Automated, software-assisted comparison of the statement of ancillary costs for a commercially used rental unit with the lease uploaded by the customer. The customer receives an overview of the number and type of irregularities. The commercial pre-check is free of charge and non-binding.
• nebify Gewerbe-Prüfung (EUR 129.00, one-time per statement): Review report checked by a person, comparing the lease with the statement of ancillary costs, checking the calculation (in particular areas, allocation keys and advance payments), together with a model text for objections that the customer raises with the landlord themselves.
• nebify Gewerbe Pro (EUR 249.00, one-time per statement): All services included in the nebify Gewerbe-Prüfung, plus the draft of a letter to the landlord, support with queries and follow-ups, and the review of up to two prior-year statements for the same rental unit submitted by the customer. The customer makes any declarations to the landlord themselves.

The commercial services are aimed exclusively at entrepreneurs; Section 11 applies in addition. For rental units larger than 500 m², shopping centers or several rental units, nebify prepares an individual quote on request.

All prices are final prices. No VAT (Umsatzsteuer) is charged pursuant to § 19 of the German VAT Act (Umsatzsteuergesetz, UStG).

2.3 If the review shows that the statement of ancillary costs is incorrect and the landlord owes the customer a higher payout or a lower additional payment (Nachforderung), the customer can assert their claim against the landlord with the help of the objection letter prepared by nebify.

2.4 The review report is provided in electronic form via the website nebify.de.

3. Conclusion of the contract and performance of services

3.1 Conclusion of the contract

3.1.1 In the case of the free pre-check, a contract is concluded by the uploading of the documents and the registration of the customer. nebify performs the pre-check automatically after the upload.

3.1.2 In the case of the paid services (nebify Plus, Experten-Prüfung, nebify Gewerbe-Prüfung, nebify Gewerbe Pro), the customer submits an offer by selecting the desired package and clicking the corresponding button. nebify accepts this offer by confirming the payment and providing the service.

3.1.3 A contract is not concluded if the customer does not accept the Terms provided by nebify. nebify expressly reserves the right to decline an order in individual cases.

3.1.4 Ordering process: The customer selects the desired package in the customer portal and reaches Stripe’s payment page via the button. There, the customer can check their details before submitting and correct them using the browser functions; the order is only placed upon confirmation of the payment. nebify stores the contract text (order data and the Terms valid at the time of the order) and sends the customer the order data with the order confirmation by e-mail. The current Terms can be accessed at nebify.de/agb.

3.2 Obligations of the customer

3.2.1 The customer agrees that communication takes place electronically (e.g. by e-mail or via the website), unless statutory form requirements require a different form.

3.2.2 The customer shall provide nebify with all relevant documents completely and truthfully. These include in particular the statement of ancillary costs, the rental agreement (Mietvertrag) and any supplementary agreements with the landlord. The customer is responsible for the completeness and accuracy of the documents transmitted.

3.2.3 The fee for paid services is due immediately upon ordering. nebify may refuse to provide the complete review report before receipt of payment.

3.2.4 Payments are processed via the external payment service provider Stripe, Inc. (354 Oyster Point Blvd, South San Francisco, CA 94080, USA). To carry out the payment, the customer is redirected to Stripe’s secure payment page. The Stripe terms of use apply in addition. nebify does not store any credit card or bank data. Available payment methods include credit card (Visa, Mastercard, American Express), Apple Pay, Google Pay, PayPal, Klarna and SEPA direct debit (SEPA-Lastschrift).

3.3 Obligations of nebify

3.3.1 nebify undertakes to provide the agreed service to the customer after conclusion of the contract. No specific result, in particular a specific review result or the actual repayment by the landlord, is owed.

3.3.2 The review covers, among other things, arithmetical correctness, the observance of deadlines and compliance with statutory provisions and provisions agreed in the rental agreement, on the basis of the German Civil Code (Bürgerliches Gesetzbuch, BGB), the German Operating Costs Ordinance (Betriebskostenverordnung, BetrKV) and the case law of the BGH.

3.3.3 nebify does not check whether the landlord has observed the principle of economic efficiency (Gebot der Wirtschaftlichkeit) or whether the consumption recorded by the landlord was determined correctly. In its review, nebify assumes that the landlord’s information regarding the total costs and consumption costs and the total living area is correct.

3.3.4 The automated review is carried out with the help of software. The results of the automated analysis do not constitute legal advice and do not replace advice from a lawyer (Rechtsanwalt) or a tenants’ association (Mieterverein). nebify does not provide legal services within the meaning of the German Legal Services Act (Rechtsdienstleistungsgesetz, RDG), does not make any declarations to the landlord on behalf of the customer and does not assert any claims on the customer’s behalf. The customer decides themselves whether and how to raise objections.

3.3.5 nebify endeavors to carry out the review promptly after the documents have been uploaded. The processing time may vary in individual cases and depends in particular on when all documents relevant to the review are available.

4. Right of withdrawal and withdrawal information

4.1 Consumers within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) have a statutory right of withdrawal (Widerrufsrecht). The consumer may withdraw their declaration of intent directed at the conclusion of the contract within 14 days without giving any reason. The period begins upon conclusion of the contract.

4.2 The withdrawal is effected by a declaration to nebify (e.g. by e-mail to info@nebify.app). The declaration must clearly state the decision to withdraw. Timely dispatch is sufficient to meet the deadline.

4.3 Pursuant to § 356(4) BGB, the right of withdrawal expires if nebify has fully performed the service and only began performance after the customer gave their express consent to this and, at the same time, confirmed their acknowledgement that they lose their right of withdrawal upon complete performance of the contract by nebify. The customer gives this consent and confirmation during the ordering process before placing the order.

4.4 Consequences of withdrawal: If the customer withdraws from the contract, nebify shall refund all payments it has received from the customer without undue delay (unverzüglich) and in any event no later than fourteen days from the day on which the notice of withdrawal was received by nebify. For this refund, the same means of payment that the customer used for the original transaction will be used, unless expressly agreed otherwise; in no event will the customer be charged any fees as a result of this refund. If the customer requested that the service should begin during the withdrawal period, the customer shall pay nebify a reasonable amount corresponding to the proportion of the services already provided up to the time the withdrawal was received, compared with the total scope of the services provided for in the contract.

4.5 The right of withdrawal also applies to the free pre-check (Vorprüfung), for which the customer provides personal data (§ 312(1a) BGB). As no fee is paid, a withdrawal does not result in any refund; in addition, the customer can delete their account at any time in the settings.

4.6 Model withdrawal form (Muster-Widerrufsformular)

5. Money-back guarantee

5.1 For the service packages nebify Prüfung (EUR 24.90) and nebify Pro Service (EUR 44.90), nebify grants a money-back guarantee: if the review shows that the customer’s statement of ancillary costs contains no objectionable items and there is no savings potential, the amount paid for the package will be refunded to the customer automatically within 14 days after completion of the review.

5.2 The refund is made via the original payment method (Stripe). A separate request by the customer is not required.

5.3 The money-back guarantee does not apply if the customer uploaded incomplete or incorrect documents and a proper review was therefore not possible.

5.4 The money-back guarantee exists independently of the statutory right of withdrawal under Section 4 of these Terms and can be claimed in addition.

5.5 There is no money-back guarantee for the commercial services (nebify Gewerbe-Prüfung and nebify Gewerbe Pro).

6. Warranty and liability

6.1 nebify assumes no warranty whatsoever for the accuracy and completeness of the documents, data and information on the tenancy provided by the customer.

6.2 nebify’s review reports do not constitute legal advice. No warranty is given for the accuracy and completeness of the software-assisted review results. For binding legal information, it is recommended to consult a lawyer or a tenants’ association.

6.3 Claims for damages due to breach of duty (Pflichtverletzung) and arising from tort (unerlaubte Handlung) are excluded both against nebify and against its vicarious agents and assistants (Erfüllungs- und Verrichtungsgehilfen). This limitation of liability does not apply in the case of intent or gross negligence, in the case of breach of material contractual obligations (vertragswesentliche Pflichten), in the case of damage resulting from injury to life, body or health, or in the case of claims under the German Product Liability Act (Produkthaftungsgesetz).

6.4 The customer is solely responsible for providing all relevant documents completely and correctly. If the customer culpably breaches this obligation and nebify suffers damage as a result, nebify is entitled to claim damages.

7. Data protection

nebify uses customers’ personal data exclusively for the purpose of performing the contractual relationship. Its data protection practice complies with the General Data Protection Regulation (GDPR; German: Datenschutz-Grundverordnung, DSGVO) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). All information on the collection, processing and use of personal data can be found in the privacy policy.

To provide the review service, uploaded documents are analyzed with software (the language model Claude of Anthropic PBC). Further information on this can be found in the privacy policy.

8. Copyright

8.1 The entire content of the website nebify.de (text, graphics, logos, icons, images, software) is the property of nebify or of licensed third parties and is subject to German and international copyright law.

8.2 Without express written consent, content of the website may not be systematically extracted or reused.

9. Registration and access data

9.1 Registration is required in order to use the services. After registration, nebify sets up an account for the customer.

9.2 The customer is responsible for keeping their access data confidential and is liable for any use made with their access data.

10. Final provisions

10.1 The contractual relationship between nebify and the customer is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer within the meaning of § 13 BGB, the mandatory consumer protection provisions of the state in which the customer has their habitual residence shall also apply, insofar as they provide more extensive protection.

10.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

10.3 Should individual provisions of these Terms be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provisions shall be replaced by the respective statutory provisions.

11. Supplementary provisions for entrepreneurs (commercial services)

11.1 The commercial pre-check, the nebify Gewerbe-Prüfung and nebify Gewerbe Pro (hereinafter “commercial services”) are aimed exclusively at entrepreneurs within the meaning of § 14 BGB (Unternehmer) who have statements of ancillary costs for commercially used rental units reviewed. The customer confirms upon registration that they are acting as an entrepreneur. Otherwise, the provisions of these Terms apply unless this Section 11 provides otherwise.

11.2 The right of withdrawal under Section 4 is available only to consumers. There is no right of withdrawal for commercial services.

11.3 The review is based on the lease submitted by the customer, including addenda and annexes, as well as the relevant statutory provisions and case law. Indications that individual contract clauses may be invalid are assessments and not a binding legal evaluation of the individual case; Section 3.3.4 applies accordingly.

11.4 It is the customer’s responsibility to observe deadlines, to inspect receipts at the landlord’s and to make declarations to the landlord.

11.5 Section 6 applies with the proviso that, in the event of a slightly negligent breach of material contractual obligations, nebify shall only be liable for the typical, foreseeable damage. Liability for intent and gross negligence, for damage resulting from injury to life, body or health and under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

11.6 If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is nebify’s registered office.