General Terms and Conditions

for the provision of services by Amoreal GmbH, https://debt-match.com/, Mittelweg 158b, 20148 Hamburg, Email: info@amoreal.de (hereinafter “Contractor”) to its customers (hereinafter “Client”)

1. General Provisions

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.

1.2 The Contractor does not conclude contracts with consumers or private individuals.

1.3 Insofar as other contractual documents or other business terms and conditions in text or written form have become part of the contract alongside these GTC, the provisions of these other contractual documents shall prevail over these GTC in the event of any conflict.

1.4 The Contractor does not recognize any terms and conditions of the Client that deviate from these GTC, subject to express consent.

2. Subject Matter of the Contract and Scope of Services

2.1 The Contractor provides the following services to the Client as an independent contractor:

(1) Operation of the Platform

The Operator operates an online matching platform for commercial real estate and project financing under the domain debt-match.com (hereinafter “Platform”). The Platform enables registered commercial credit seekers (hereinafter “Users”) to post financing requests for specific real estate projects and to match them with potential commercial capital providers and financing partners (hereinafter “Credit Partners”) (“Matching”).

(2) Facilitation of Contacts (Matching Service)

The service of the Operator is limited to providing the technical infrastructure for initiating contacts. A successful “Match” within the meaning of this agreement occurs as soon as:

a registered Credit Partner signals concrete interest in a project posted by the User, or

the contact details of an interested Credit Partner are unlocked or transmitted to the User for direct contact.

(3) No Financial Advice and No Credit Brokerage in the Traditional Sense

The Operator explicitly does not provide financial advice, investment advice, legal advice, or tax advice. The Operator does not act as a lender and does not engage in brokerage activities in the sense of actively negotiating loan terms. The successful conclusion of a loan or financing agreement is not owed by the Operator. Negotiations regarding the actual financing, as well as the eventual conclusion of contracts, take place exclusively directly and independently between the User and the Credit Partner.

(4) No Audit Obligations and Warranty

The Operator does not perform detailed credit checks, due diligence, or plausibility checks on the data, projects, or financing offers posted by Users or Credit Partners.

The Operator assumes no liability or warranty for the accuracy, completeness, or timeliness of the information provided by Users or Credit Partners.

The Operator does not guarantee that a match will actually be generated for a posted project or that a match will lead to a successful financing conclusion.

(5) Availability of the Platform

The Operator endeavors to ensure the best possible availability of the Platform. This excludes necessary maintenance work, security updates, and disruptions outside the Operator’s control (e.g., internet outages or force majeure). There is no entitlement to uninterrupted, 24/7 availability.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor shall perform the contractual services with the greatest possible care and diligence in accordance with the latest state of the art, latest rules, and findings.

2.4 The Contractor is obligated to provide the services owed under the contract. However, in carrying out his activities, he is not subject to any instructions regarding the manner, location, or time of service performance. Nevertheless, in organizing the working days and time schedules, he will determine them independently in such a way that optimum efficiency is achieved in his activity and in the realization of the contract’s subject matter. The performance of services by the Contractor takes place solely in coordination and consultation with the Client.

3. Cooperation Obligations of the Client

It is the responsibility of the Client to completely and correctly provide the information, data, and other content to be made available for the purpose of performing the service. The Contractor is in no way responsible to the Client for delays or postponements in the performance of services resulting from delayed and necessary cooperation or input by the Client; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

4. Remuneration

4.1 The remuneration shall be agreed upon in individual contracts.

4.2 The remuneration is payable after the services have been rendered. If the remuneration is calculated by periods of time, it is payable after the expiration of the individual periods (§ 614 BGB). In the case of time-and-materials billing, the Contractor is entitled, unless agreed otherwise, to invoice the services rendered on a monthly basis.

4.3 The Contractor will issue an invoice to the Client by mail or email (e.g., as a PDF) after the services have been rendered. The remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor is liable without limitation on any legal ground in cases of intent or gross negligence, in cases of willful or negligent injury to life, body, or health, on the basis of a guarantee promise (unless otherwise regulated in this respect), or due to mandatory statutory liability. If the Contractor negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless liability is unlimited in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance with which the Client may regularly rely. Otherwise, any liability of the Contractor is excluded. The aforementioned liability provisions also apply to the liability of the Contractor for his vicarious agents and legal representatives.

5.2 The Client shall indemnify and hold the Contractor harmless from any third-party claims asserted against the Contractor due to breaches of these contractual terms or applicable law by the Client.

6. Contract Duration and Termination

6.1 The contract duration and the notice periods for ordinary termination shall be agreed upon individually by the parties.

6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the Contractor must immediately return or destroy all documents and other content provided to him, at the Client’s option. The assertion of a right of retention thereto is excluded. Electronic data must be completely deleted. This excludes documents and data for which there is a longer statutory retention obligation, but only until the end of the respective retention period. The Contractor shall confirm the deletion to the company in writing upon request.

7. Confidentiality and Data Protection

7.1 The Contractor will treat all matters coming to his knowledge in connection with the order as strictly confidential. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information that is the subject of the contract. The confidentiality obligation applies for an indefinite period of time beyond the duration of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations—in particular the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG)—when executing the order.

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the CISG.

8.2 Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of the GTC.

8.3 The Client shall support the Contractor in rendering his contractual services by taking appropriate cooperative actions, where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the order.

8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree on the registered office of the Contractor as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, statutory provisions, market conditions, or business/corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by email at least two weeks before the amendment comes into effect. If the existing customer does not object within the period set in the amendment notification, their consent to the amendment shall be deemed granted. If the customer objects, the amendments will not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the amendment comes into effect. The notification of the intended amendment of these GTC will point out the deadline and the consequences of an objection or the absence thereof.

9. Information on Consumer Dispute Resolution

The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the header of these GTC.