Welcome to Suchen Expert!

Thank you very much for your interest in our platform. Suchen Expert is a global, multilingual online platform and a digital lost property office that facilitates the exchange of information about lost, found or donated items, as well as services and incidents of public interest. Our mission is to to support people in a secure and transparent manner in recovering lost items, reporting found items and publishing relevant notices that are of benefit to the community.

General Terms and Conditions of Use for www.suchen.expert

Date: 3 September 2026

These General Terms and Conditions of Use (hereinafter ‘Terms of Use’) apply to the use of the platform www.suchen.expert, the associated online services and – where offered – related mobile applications (collectively: ‘Suchen Technology Services’).

The platform is operated by Suchen Technology GmbH, Dieselstraße 11, 30916 Isernhagen, Germany.

These Terms of Use apply to the contractual relationship between the operator and registered users, as well as to other functions where their applicability is expressly agreed. Publicly accessible content on the platform may be accessed without registration. When using the platform, all users must comply with the applicable legal provisions and the rules of use applicable to publicly accessible areas.

Any deviating or conflicting terms and conditions or terms of use shall only apply if they have been expressly confirmed in writing by Suchen Technology GmbH.

§ 1 Terms and Definitions

1.1 The following terms are used in these General Terms of Use with the meanings specified in each instance. They serve to clarify and form an integral part of this agreement within the meaning of Sections 305 et seq. of the German Civil Code (BGB).

1.2 General Terms of Use: These General Terms of Use govern the contractual relationship of use. Where these Terms of Use expressly refer to supplementary Terms of Use, these shall apply in the scope specified in each instance.

1.3 Suchen Technology Services: Refers to the entirety of the services provided by Suchen Technology GmbH. These include, in particular, the online platform at www.suchen.expert, communication and rating functions, other technical tools and additional services, as well as – where offered – mobile applications. The services are aimed at private users, legal entities and commercial operators (hereinafter collectively referred to as ‘Users’).

1.4 Services: Comprises all functions, services and features provided by Suchen Technology Services, including the publication of advertisements, communication, searching and management of profiles, as well as – where offered – the use of mobile applications.

1.5 suchen.expert as an internet resource: Refers to the entirety of all information, databases, user interfaces, design and programming components available on the platform, as well as all other elements necessary for the operation and maintenance of the platform. These are protected by copyright, database rights and trade mark law.

1.6 Login details: Email address and password, as well as any additional authentication credentials chosen by the user, which are used to access their personal account. The term also covers updated or amended details.

1.7 Registration: The process by which a user creates a personal or business account on suchen.expert. Depending on the registration procedure offered, this may include, in particular, the entry of the required registration details, an email confirmation or authentication via an external login service, as well as the required acceptance of these Terms of Use.

1.8 Data: All information provided, uploaded or generated by the user whilst using suchen.expert, including text, images, files and metadata, regardless of format.

1.9 User Content: Content created or posted by users themselves, such as descriptions and images of lost or found items, service offers or comments. This content is subject to statutory provisions and the guidelines of Suchen Technology Services.

1.10 Messages: Electronic communications exchanged between users via Suchen Technology Services, in particular between advertisers and interested parties.

1.11 Profile: Every user, whether private or commercial, has an individual profile which serves as the central interface for interacting with Suchen Technology Services. In their profile, users can view, manage and, if necessary, edit their adverts. The profile also allows users to change and update personal details, such as first name, surname, profile photo, telephone number and other information provided during the registration process.

1.12 Additional Services Package: A fee-based optional service for expanding or highlighting listings.

1.13 Listing: Information published by the user regarding lost, found, given away or offered items or services, aimed at an unspecified public.

1.14 Business operator:

A business operator is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity (Section 14 of the German Civil Code (BGB)).

1. 15 Definition of Terms:

Terms not expressly defined shall be interpreted in accordance with the relevant statutory provisions and, where no statutory definition exists, in accordance with their ordinary meaning, taking into account the purpose of these Terms of Use.

§ 2 Acceptance of the Terms of Use

2.1 Consent and Conclusion of Contract

The user declares their agreement to these Terms of Use when they are made available to them as part of a registration or other contract conclusion process and they expressly confirm their acceptance. If a person is acting on behalf of a company, they warrant that they are authorised to represent that company (Sections 164 et seq. of the German Civil Code (BGB)).

2.2 Content and Scope of the Contract

These Terms of Use govern the legal relationship between the operator (Suchen Technology GmbH) and the user with regard to the use of all Suchen Technology services. They specify the rights and obligations of both parties and also cover the protection of the rights of third parties who may be indirectly affected by the use of the platform. Unless expressly provided for herein, the provisions of the German Civil Code (BGB) shall apply, in particular Sections 305 to 310 BGB (General Terms and Conditions).

2.3 Acknowledgement

Before concluding a user agreement, the user is given the opportunity to familiarise themselves with these Terms of Use and the usage guidelines expressly incorporated herein. The mere use of publicly accessible areas or the viewing of advertisements does not, in itself, constitute acceptance of these Terms of Use.

2.4 Newsletters and promotional information

The receipt of newsletters or promotional information is based exclusively on separate, voluntary consent in accordance with Section 7(2)(2) of the German Unfair Competition Act (UWG) and Article 6(1)(a) of the General Data Protection Regulation (GDPR) (double opt-in). No tacit consent is deemed to have been given as part of the registration process. The user may withdraw any consent given at any time with future effect.

2.5 Amendments to the Terms of Use

Section 18.4 applies to amendments to these Terms of Use.

2.6 Duty to keep informed

The user is required to keep themselves regularly informed of the current version of the Terms of Use. The latest version of the General Terms of Use is available at any time at General Terms of Use.

2.7 Rejection or Termination of Use

If the user does not agree with a validly proposed amendment, they may terminate the user relationship in accordance with these Terms of Use and the relevant statutory provisions. Section 10.3 applies to the duration and termination of rights of use in respect of user content. Any use that took place lawfully prior to an amendment coming into effect remains unaffected by this.

Section 3 Registration

3.1 Voluntary nature, free of charge and minimum age

Registration on suchen.expert is voluntary and is generally free of charge.

A personal user account may only be opened and used by natural persons who have reached the age of 18.

Legal entities, companies and other organisations must act through a person of legal age who is authorised to represent or use the account.

The use of publicly accessible content without registration remains unaffected by this.

3.2 Accounts and Multiple Registrations

Unless expressly provided otherwise, a natural person may maintain one personal user account.

A separate business account may be maintained for a company, a legal entity or any other organisation.

A natural person may act on behalf of a company in addition to their personal account, provided they are authorised to do so.

The creation of abusive multiple accounts, in particular to circumvent blocks, restrictions, quotas or security measures, is prohibited.

3. 3 Guest access and registered access

Some of the services may also be used without registration (guest mode). Registered users benefit from extended functions, e.g. managing their own listings, sending messages and saving search queries.

3.4 Mandatory information and accuracy

Upon registration, complete and accurate details must be provided, in particular a valid email address and a password. The user undertakes to keep all details up to date at all times and to correct any changes without delay (Section 241(2) of the German Civil Code (BGB)).

3.5 Responsibility for data provided

The user bears full responsibility for the accuracy and lawfulness of all data provided by them. The processing of personal data is carried out in accordance with Article 6(1)(b) and (f) of the GDPR; further information can be found in the Privacy Policy.

3.6 Confirmation of registration

Where registration is carried out via email and password, the operator may send a confirmation link to verify the email address provided. Where an external login service is used, authentication may take place in accordance with the technical procedure provided for this purpose.

3.7 Login Details and Security Obligations

Login details must be treated as confidential and protected from unauthorised access by appropriate security measures.

In the case of business accounts, access details may only be used by persons authorised to use the account.

Disclosure or sharing of access details outside the authorised group of persons is prohibited.

The statutory provisions apply to the legal attribution of actions and the burden of proof.

3.8 Obligations in the Event of Suspected Misuse

If there is a suspicion that access details have fallen into the hands of third parties or have been misused , the user is obliged to change their password immediately and to inform the operator without delay. Suchen Technology Services may temporarily suspend affected accounts to prevent damage.

3.9 Verification and restriction of access

Suchen Technology Services is entitled to carry out technical checks on registration data (e.g. plausibility checks or email verification) to prevent misuse. The operator may suspend access temporarily or permanently if a breach of these terms and conditions or statutory provisions is detected (Section 314 of the German Civil Code (BGB)).

3.10 Public Use Without Registration

Access to publicly available information and listings on the platform is possible without registration. The mere use of publicly accessible areas does not in itself constitute a registered user agreement. Irrespective of this, applicable statutory provisions as well as the rules of conduct and usage intended for publicly accessible areas must be observed.

3.11 Allocation and Transfer of the Account

A user account is allocated to the respective user or the registered company.

The account must not be sold, let or transferred to another person or organisation without the operator’s consent.

In the case of business accounts, use by persons duly authorised to represent the account or by authorised representatives is permitted, provided this is in accordance with the intended use of the account.

§ 4 Scope and Subject Matter of the Terms of Use

4.1 Licence to Use

Upon acceptance of these Terms of Use, the user is granted a simple, non-transferable right to use the suchen.expert platform and all associated functions (Suchen Technology Services) to the extent specified in these Terms. Use is generally free of charge, unless a fee is expressly stated.

4.2 Provision of the Platform

Suchen Technology Services operates an online platform on which users can publish and view listings for lost, found, given away or offered items, as well as for services and incidents. The platform serves exclusively to provide the technical means for these publications and contact facilities.

The content of the listings is created by the respective users on their own responsibility. Suchen Technology Services accepts no liability for the accuracy, completeness or timeliness of the content provided by users.

The operator reserves the right to offer certain categories, additional functions or the highlighting of listings, in whole or in part, only in return for a fee.

4.3 Note on the law relating to found property (Sections 965 et seq. BGB)

Suchen Technology Services does not perform the official function of a lost property authority and is not an official lost property office within the meaning of Section 965(2) BGB.

Reporting or publishing a lost item on the suchen.expert platform does not replace the legally required notification of the lost property to a competent authority or other legal obligations under Sections 965 to 984 of the BGB.

In particular, finders remain obliged to fulfil the legal obligations applicable to them under §§ 965 et seq. BGB on their own responsibility.

The publication of a lost item on suchen.expert does not replace a legally required notification to the owner, the person authorised to receive it, or the competent authority.

Other parties involved retain their respective statutory rights and obligations.

Use of suchen.expert is entirely voluntary and supplementary to the statutory provisions.

4.3.1 No verification of rights / No legal advice

The platform serves exclusively for the voluntary, supplementary publication of listings to assist in the recovery of lost property.

Suchen Technology Services does not verify any claims of possession, ownership, restitution or other legal claims. Similarly, Suchen Technology Services does not provide legal advice and does not carry out any legal assessment of individual adverts or factual circumstances.

4.4 Advert quota and additional services

Following successful registration, the user is provided with a free basic quota of adverts valid for a period of 28 days.

If the user has activated the optional automatic republishing feature, the active publication period is up to 56 days; without this option, there is no automatic renewal, whilst subsequent reactivation from the archive always requires further action on the part of the user.

Insofar as chargeable additional services are offered on the platform and technically enabled, the price, scope of services, duration and the details required to conclude the contract will be displayed before a chargeable order is placed.

4.5 Management of listings

In their personal profile, users can edit, renew or delete their listings.

A listing can be marked as reserved using the functions provided for this purpose.

The editing function is not available whilst a reservation is in place. The owner must first lift the reservation using the ‘Release’ function before they can edit the listing.

Marking a listing as ‘reserved’ does not, in principle, affect its public visibility.

4.6 Billing and Prohibition on Transfer

Billing and invoicing take place exclusively in digital form. Without the Operator’s prior consent, any additional services purchased may not be passed on or transferred to third parties.

4.7 Communication between Users

Users may exchange electronic messages via the platform. The operator may implement technical or organisational measures to detect and limit spam, attempted fraud or other misuse.

4.8 Reviews and interaction

The platform enables users to submit reviews following completed interactions. This function is intended solely to ensure transparency and must not be used in an abusive or unlawful manner. (see § 4.15 Reviews).

4.9 Complaints and reporting system (‘Report a problem’) – DSA

For listings and sections designated for this purpose, the platform provides a function for reporting content suspected of being unlawful or abusive. The operator reviews incoming reports in accordance with statutory requirements, in particular Article 16 of the DSA.

4.10 Follow and Search Functions

Registered users may follow listings or other members and save search queries. The platform provides notifications regarding changes, new matches or activity in the categories being monitored. These notifications can be deactivated at any time in the user’s profile.

4.11 Commercial Use and Special Transparency

Users acting in the course of their commercial or self-employed professional activities are considered traders within the meaning of Section 14 of the German Civil Code (BGB) and are responsible for complying with the statutory information, labelling and consumer protection obligations applicable to their offers.

Insofar as the relationship between the operator and a commercial user is governed by Regulation (EU) 2019/1150 on online intermediation services (P2B Regulation) applies to the relationship between the operator and a commercial user, the following transparency information shall apply in addition.

4.11.1 Ranking

Search and results lists take into account the search terms entered by the user as well as the selected filters for time period, location or radius, listing type, category, additional features and private or commercial providers. These criteria determine which listings are included in the results list.

The order is determined by the selected sorting option. By default, more recent listings are displayed first based on their creation date; for certain types of listings, they can also be sorted in ascending or descending order by event date.

Reviews do not currently influence the ranking.

There is currently no paid influence on the ranking.

4.11.2 Data access

A business user can view and manage the company and profile details they have provided, as well as their own listings, via the account functions provided.

The data generated through the use of the platform and accessible to them includes, in particular, status and administrative information relating to their own listings, as well as messages and interactions in chats in which their account is involved.

There is no general access to other users’ non-public personal data. This does not affect publicly available profile, listing and review information, nor information provided in the course of a specific interaction.

The operator may access and process data to the extent that this is necessary and legally permissible for the operation of the platform, support, security, moderation and the fulfilment of legal obligations.

Following the termination of the user relationship, the business user shall only have technical access to the platform insofar as this is expressly offered or required by law.

The operator’s statutory obligations regarding data retention, provision of information and disclosure remain unaffected.

Data may be transferred to technical service providers, data processors or other third parties, insofar as this is necessary for the operation of the platform, the provision of a function selected by the user, security and the prevention of misuse, the fulfilment of contractual or legal obligations, or on the basis of another legal ground.

Non-public personal data will not be disclosed to third parties for their own independent advertising purposes without an appropriate legal basis or consent .

Further details regarding recipients, purposes and any options available are set out in the Privacy Policy.

Section 10.3 applies to the use of user content outside the platform.

4.12 Breaches and Measures

In the event of breaches of these Terms of Use or statutory provisions, the operator may delete listings, suspend access or terminate the contract without notice in accordance with § 314 of the German Civil Code (BGB). In the event of suspected criminal offences, the operator reserves the right to pass on relevant data to the competent authorities.

4.13 Legal compliance of listings

The user is solely responsible for the lawfulness of the content, goods or services offered via the platform. The operator’s liability for information provided by users is governed by statutory provisions, in particular the relevant provisions of the Digital Services Act (DSA) and the German Data Protection Act (DDG).

4.14 Online status (“online/offline”, “last active”)

4.14.1 The platform may, within the scope of the functions available at any given time, display an online status or details of the user’s most recent activity in order to facilitate communication and user interaction.

4.14.2 The nature, accuracy and visibility of such status information may be restricted or altered for reasons of data protection, security, the prevention of misuse or technical development.

4.14.3 Further information on the processing of the data required for this purpose is set out in the Privacy Policy.

4.15 Ratings and reviews

4.15.1 Submitting ratings: Users may submit ratings (e.g. stars/comments) following interactions or transactions relating to a listing. Ratings must be objective, truthful and free from any breach of the law; in particular, insults, discrimination, defamatory criticism, advertising/spam, unlawful links and infringements of personal rights, copyright or trade mark rights are prohibited.

4.15.2 Moderation of ratings

Reviews suspected of being unlawful or abusive may be reported to the operator via the contact or reporting channels provided on the platform.

The operator may review, restrict or remove reviews in accordance with statutory provisions and these Terms of Use.

Where there is a statutory obligation to provide reasons, information shall be provided in accordance with statutory requirements, in particular Article 17 of the Data Protection Act (DSA).

4.15.3 Visibility of review texts

Users can disable the public display of the texts and comments relating to their reviews in their profile by going to ‘Reviews’ in the profile settings.

The individual review entries, their star rating and the overall score (average rating) remain visible. If this option is disabled, only the review texts are replaced by a note referring to the hidden display.

4.15.4 Ranking Note

The search and filter criteria initially determine which listings are included in the results list at all. These include, in particular, the search term entered as well as the selected criteria for time period, location or radius, listing type, category, additional features and whether the advertiser is a private individual or a business.

The order in which the results are subsequently displayed is determined by the sorting option selected by the user. Depending on this sorting option, the results are arranged in ascending or descending order based on the date of creation or, for listing types where this is provided for, the time of the event.

Reviews do not currently influence the ranking.

There is currently no paid manipulation of the ranking.

The search and filter criteria are of the greatest importance compared with other parameters, as they determine which adverts are included in the list of results.

Other, unmentioned parameters do not currently influence the ranking, unless otherwise stated above.

4. 15.5 Prohibition of manipulation: The purchase, exchange or submission of pre-arranged reviews, as well as threats or inducements to alter or delete reviews, are prohibited. Suchen Technology Services may take measures such as issuing warnings, suspending accounts or imposing restrictions in the event of breaches.

§ 5 Information provided by the user.

5.1 Voluntary nature and purpose of data provision

When using Suchen Technology Services, the user decides for themselves whether and to what extent they transmit personal data to suchen.expert or make it publicly available. The provision of personal data is, in principle, voluntary, insofar as it is not necessary for the performance of the user agreement.

The processing of personal data is not carried out solely on the basis of consent, but – depending on the processing operation – on one of the following legal bases set out in the General Data Protection Regulation (GDPR):

- for the performance and fulfilment of the user agreement and for the provision of the platform’s functions (Article 6(1)(b) GDPR),

- to comply with legal obligations to which the operator is subject (Article 6(1)(c) of the GDPR),

- to safeguard the legitimate interests of the operator or third parties, in particular to ensure IT security, to prevent misuse and fraud, to improve the functionality of the platform and for statistical analysis purposes, provided that the interests or fundamental rights and freedoms of the data subject do not take precedence (Article 6(1)(f) of the GDPR).

Where consent is required for certain processing operations (e.g. for sending newsletters or using optional tracking technologies), processing takes place exclusively on the basis of explicit, voluntary consent that may be withdrawn at any time in accordance with (Article 6(1)(a) of the GDPR).

5.2 Published content

Information published by the user on suchen.expert is – depending on the function – accessible worldwide. The user is aware that this information may be stored, copied or further processed by third parties and that the operator has no control over this. It is recommended that only content which does not contain any confidential or security-relevant data be published.

5.3 International data transfers

Where services provided by external data processors (e.g. hosting, email dispatch, analytics) are used, personal data may be transferred to countries outside the European Economic Area. This takes place exclusively in accordance with the provisions of Articles 44 et seq. of the GDPR and only if appropriate safeguards (e.g. EU Standard Contractual Clauses) are in place.

5.4 User’s responsibility

The user bears full responsibility for the data they provide or publish. They must ensure that no third-party rights are infringed and that they are authorised to publish the data (Section 823 of the German Civil Code [BGB], Article 6 of the GDPR).

5.5 Data Protection and Security Information

Although Suchen Technology Services takes technically appropriate measures to protect data in accordance with Article 32 of the GDPR, absolute security cannot be guaranteed on the internet. Users should regularly check and adjust their privacy settings in their profile, and use secure passwords and up-to-date software.

5.6 Misuse and Support

In the event of suspected unauthorised use, data misuse or security incidents, the operator’s support team must be notified immediately. The operator will investigate reported incidents and take the necessary countermeasures.

5.7 Rights of data subjects

In accordance with Articles 15 to 21 of the GDPR, every user has the right to

- access the data stored,

- rectification of inaccurate data,

- erasure (‘right to be forgotten’),

- restriction of processing,

- data portability, and

- objection to processing on grounds relating to their particular situation.

To exercise these rights, an informal notification to the following address is sufficient:

§ 6 Users’ Obligations

6.1 General Obligations

All users are obliged to comply with applicable laws, these Terms of Use and the recognised principles of fair business practices (§ 241(2) of the German Civil Code (BGB), §§ 3 et seq. of the German Unfair Competition Act (UWG)) when using Suchen Technology Services. Each user is liable for their own acts and omissions. The operator has no general obligation to monitor information transmitted or stored by users or to actively investigate circumstances that may indicate unlawful activity (Article 8 of the Data Protection Act [DSA]).

6.2 Creation and publication of advertisements

(1) Advertisements must be factual, truthful and clearly worded. The title must accurately reflect the actual content.

(2) Contact details (email, telephone number, address) must not appear in either the title or the text of an advertisement; contact must be made exclusively via the communication functions provided by the platform.

(3) Images and other media must correspond to the actual item and must not contain any content that infringes copyright, trade mark rights or personality rights.

(4) Advertising or editorial content is only permitted in sections expressly designated for this purpose and requires the operator’s prior consent.

(5) In the event of breaches, the operator may restrict, block or remove advertisements in accordance with these Terms of Use and the relevant legal provisions.

Where there is a statutory duty to provide information or give reasons, such notification shall be made in accordance with the relevant legal requirements, in particular Section 17 of the Data Protection Act (DSA).

6.3 Responsibility for Advertisement Content

(1) The user is solely responsible for the lawfulness, content and presentation of their advertisements. They warrant that the goods or services offered have been lawfully acquired and do not infringe the rights of third parties.

(2) Breaches of statutory provisions (e.g. the German Copyright Act (UrhG), the German Trade Marks Act (MarkenG), the German Criminal Code (StGB) or the German Unfair Competition Act (UWG)) may result in the deletion of the advertisement and give rise to claims for damages or criminal penalties (Section 823 of the German Civil Code (BGB)).

6.4 Use for the Intended Purpose

(1) The platform and its data may only be used for the purpose for which they were provided.

(2) Any misuse or unlawful use, in particular for the purpose of deception, data spying (§ 202a StGB) or the manipulation of technical processes, is prohibited.

(3) In the event of breaches, the operator reserves the right to immediately suspend the user’s account and to take criminal or civil legal action.

6. 5 Accuracy of information

The user is obliged to provide truthful and, where necessary, up-to-date information in respect of details requiring registration, advertisements and other information essential for the use of the platform.

False, misleading or incomplete information may lead to the restriction or removal of content and – in the event of significant or repeated breaches – to action being taken against the user’s account.

Civil, criminal or other legal consequences remain unaffected, provided that the respective legal requirements are met in each individual case.

6.6 Protection of privacy and confidentiality

(1) Personal data of other users that becomes known in the course of use must be treated as confidential.

Disclosure to third parties is only permitted with the express consent of the data subject or on a legal basis (Art. 6 GDPR). (2) The publication of chat or message extracts, images or personal data relating to others without their consent is prohibited and may result in civil and criminal liability (Sections 22 KUG, 823 BGB).

6.7 Use of Software, Copyright and Database Law

(1) The use of automated programmes, crawlers, bots or other software for the mass retrieval, storage or processing of data is prohibited (Section 87b of the German Copyright Act (UrhG)).

(2) Content, source code, layouts or databases of the platform may not be copied, reproduced, modified or redistributed, either in whole or in part, unless the operator has expressly consented to this.

6.8 Responsible Use of the Infrastructure

(1) Users must not undertake any actions that could lead to an excessive load on or impairment of the server infrastructure (e.g. mass enquiries, DoS attempts).

(2) Any disruption, blocking or circumvention of technical protection measures is prohibited (Section 303b of the German Criminal Code (StGB)) .

6.9 Measures in the Event of Breaches

(1) In the event of reasonable suspicion of a breach of these Terms of Use or where the security and integrity of the platform are at risk, the operator may

– delete specific content,

– block accounts or IP addresses,

– revoke access temporarily or permanently.

(2) The user shall be informed of this, insofar as required by law and in accordance with Article 17 of the Data Protection Act (DSA), stating the relevant reasons.

6.10 Advertising and third-party communications

(1) Advertising material from third parties shall only be sent to the user following their express, documented consent (Section 7(2)(2) of the Unfair Competition Act [UWG], Article 6(1)(a) of the General Data Protection Regulation [GDPR]).

(2) The operator accepts no liability for the accuracy or completeness of content and offers from such third parties. Section 9 applies to claims for damages.

6.11 Prohibited Content

The posting or dissemination of the following content is prohibited:

- offensive, defamatory, discriminatory or incitement to hatred content (Sections 130, 185 et seq. of the German Criminal Code (StGB)),

- depictions of violence, pornography, drugs or weapons,

- content that infringes copyright, trade mark, data protection or personality rights,

- incitement to unlawful acts, or to endanger oneself or others,

- fraudulent or misleading information (Section 5 of the Unfair Competition Act (UWG)) .

6.12 Liability and Indemnification by the User

Section 8.9 applies to the indemnification of the operator against claims by third parties.

The user’s other liability is governed by the statutory provisions.

6.13 Notice of Possible Legal Consequences

Breaches of these obligations may result in civil and criminal consequences. The operator is entitled to report such matters to law enforcement or supervisory authorities, provided there is a legitimate interest or a legal obligation to do so (Article 6(1)(c) and (f) of the GDPR).

§ 7 Obligations of Suchen Technology Services

7. 1 Operation and technical design

The operator provides the platform within the limits of what is technically, operationally and economically reasonable and endeavours to ensure secure and reliable operation.

The structure, design, software, layout and technical processes may be further developed or updated, provided that this does not infringe upon the users’ mandatory rights.

Maintenance, security or update measures may lead to temporary restrictions.

Claims for damages are governed by Section 9.

7.2 Access Management and Security

The operator is entitled to restrict access to suchen.expert or to individual services, either temporarily or permanently,

- where this is necessary for system security, maintenance or improvement,

- in the event of suspected misuse or unlawful use,

- or to comply with legal obligations.

Where required by law, affected users will be informed of the relevant reasons in accordance with Article 17 of the DSA.

7.3 Suspension and deletion of user accounts or content

(1) Suchen Technology Services may suspend or delete listings or accounts if the user breaches these Terms of Use, applicable law or official orders.

(2) In the event of permanent or significant measures, the user may be given the opportunity to comment, insofar as this is possible and legally appropriate under the circumstances.

(3) Claims relating to the temporary suspension or deletion of content are governed by the statutory provisions and, where compensation is sought, by Section 9.

(4) In the event of repeated or serious breaches, the operator may terminate the account without notice in accordance with Section 314 of the German Civil Code (BGB).

(5) Following the deletion of a user account, personal data shall be processed in accordance with the statutory retention and deletion periods (Art. 17 GDPR).

7.4 Communication regarding decisions (“Statement of Reasons”)

Where a decision requires justification in accordance with Art. 17 DSA, the operator shall inform the user concerned, in the form prescribed by law, of

- the measure taken,

- the date on which it takes effect,

- the main reasons,

- and the options for lodging a complaint or seeking judicial redress.

Where a user wishes to request a review of a moderation decision, they may contact customer service via the contact channels provided by the operator. Statutory remedies remain unaffected.

7.5 Monitoring and review of content

Suchen Technology Services is not obliged to review all user content in advance (Article 8 of the DSA).

Newly posted advertisements are reviewed by authorised personnel before they are first made publicly available and may be approved or rejected.

The review serves, in particular, to ensure compliance with legal requirements, these Terms of Use, the usage guidelines, and to prevent misuse and security risks.

Approval does not constitute confirmation of the legal or factual accuracy of an advertisement.

Irrespective of this, the operator may subsequently check user content on a random basis or in response to specific incidents in order to prevent legal infringements, spam, fraud or security risks.

In the event of reports of unlawful content, the procedure set out in Article 16 of the DSA (Notice-and-Action) shall apply.

7.6 Evidence and users’ duty to provide information

The operator may require users to provide evidence, documents or declarations necessary to

- verify the identity,

- verify the accuracy of information, or

- verify the lawfulness of an advertisement.

The user is obliged to provide these documents promptly and in full (Section 241(2) of the German Civil Code (BGB)).

7. 7 System messages and notifications

(1) Suchen Technology Services may send users notifications regarding technical or contractual changes, security advice or service updates.

This information does not constitute advertising within the meaning of Section 7 of the Unfair Competition Act (UWG) and cannot be unsubscribed from.

(2) Promotional communications (newsletters, special offers) are sent exclusively on the basis of prior consent (double opt-in) (Section 7(2)(2) of the UWG, Article 6(1)(a) of the GDPR). The user may withdraw this consent at any time with future effect.

7.8 Support and technical assistance

Suchen Technology Services provides appropriate technical and informational support to enable users to access and use the platform. Enquiries are generally processed within a reasonable period of time. In cases of wilful misconduct or gross negligence, the operator is liable in accordance with Section 280 of the German Civil Code (BGB); in all other respects, the liability provisions of Section 9 of these Terms of Use apply.

7.9 Liability for third-party content

User content does not reflect the operator’s views. The operator’s responsibility for information stored by users is governed in particular by Article 6 of the German Data Protection Act (DSA) and any supplementary statutory provisions that apply.

§ 8 Warranty, Liability and Assumption of Risk by the User

8.1 User’s Own Responsibility

Use of the suchen.expert platform is at the user’s own risk. All advertisements, content, texts, images or other information posted by the user are published at their own responsibility. The user is obliged to check for themselves whether and with whom they enter into transactions or establish other contacts via the platform. The operator gives no warranty as to the accuracy or lawfulness of third-party advertisements.

8.2 User’s Duties of Verification and Due Diligence

The user must ensure that all actions they undertake are in accordance with applicable law. In the event of uncertainty regarding the permissibility of an offer or a publication, it is recommended that they seek legal advice and refrain from risky actions.

8.3 Responsibility for Content and Communication

The user bears sole responsibility for all data, messages and files uploaded or transmitted by them. They are liable to ensure that these do not infringe any third-party rights (e.g. copyright, trade mark rights, data protection rights, rights of personality). All interactions with other members are at the user’s own risk.

8.4 Legality of Transactions

The user is personally obliged to verify the legality, authenticity and completeness of the goods or services offered before concluding or carrying out transactions with other users. Suchen Technology Services provides the technical platform for the publication of adverts and for establishing contact between users.

The operator does not become a party to any contract concluded between users and, as a matter of principle, does not act as a seller, buyer, agent, trustee or payment service provider for users.

8.5 Compliance with legal provisions

Users are responsible for their conduct in connection with the use of the platform in accordance with the general legal provisions (Sections 276 et seq. of the German Civil Code (BGB)). Breaches of criminal, civil or administrative law (e.g. fraud, copyright infringement, data protection breaches) may be subject to civil and criminal prosecution.

8. 6 Lawful Conduct and Powers of Authorisation

The user warrants that they possess all necessary rights and powers of authorisation to publish listings or content, and that their conduct does not contravene statutory provisions, public policy or the rights of third parties (Sections 823 et seq. of the German Civil Code (BGB), Sections 3 et seq. of the German Unfair Competition Act (UWG)) .

8.7 Reporting suspected infringements

If a user identifies content that is suspected of being unlawful, misleading or abusive, they may report it via the reporting or contact function provided for this purpose (Article 16 of the DSA).

8.8 Damages in connection with third parties

The liability provisions of § 9.

In particular, the operator accepts no liability for the accuracy or completeness of information provided by other users or third parties.

8.9 Obligation to indemnify

The user shall indemnify Suchen Technology Services against all claims by third parties asserted against the operator on account of a legal infringement for which the user is responsible (Section 280(1), § 257 of the German Civil Code (BGB)). The indemnity shall also cover the reasonable costs of legal defence (including court and solicitors’ fees). The operator shall inform the user of any claims asserted and give the user the opportunity to comment.

8.10 Duty of care regarding access details

Section 3.7 applies to the handling of access details.

If a user becomes aware of unauthorised use of their account, they must inform the operator without delay and take all reasonable measures to secure the account.

8.11 Obligation to report misuse

If a user becomes aware that their login details are being misused or used without authorisation, they must inform the operator immediately and change their password. The operator is entitled to temporarily suspend the affected account in order to prevent further damage.

8.12 Removal of unauthorised content

Suchen Technology Services is entitled to remove listings or content that contravenes these Terms of Use, statutory provisions or the rights of third parties. Where a decision under Section 17 of the Data Protection Act (DSA) requires justification, notification shall be provided in accordance with statutory requirements.

§ 9 Limitation of Liability of Suchen Technology Services

9.1 Operation and Technical Availability

Suchen Technology Services endeavours to ensure the uninterrupted operation of the www.suchen.expert platform. Despite exercising the utmost care, no guarantee can be given that the platform will function at all times without interruption or error. In particular, maintenance, security or capacity issues, as well as events beyond the operator’s control (e.g. force majeure, power cuts, failures of communication networks) may lead to temporary restrictions.

9.2 No guarantee of specific purposes or results

The operator does not guarantee that the services provided will result in any specific commercial, personal or other individual success for the user.

The user’s statutory rights, in particular mandatory rights relating to the provision of digital products or services, remain unaffected.

Section 9.3 applies to claims for damages.

9.3 Principle of liability

The Operator shall be liable in accordance with statutory provisions, unless otherwise provided for in these Terms of Use. The following applies to the User’s claims for damages:

(1) Unlimited liability applies in cases of wilful misconduct or gross negligence, in the event of injury to life, limb or health, under the Product Liability Act, and where a guarantee has been given (Section 309(7) of the German Civil Code (BGB)).

(2) In cases of slight negligence, the operator shall only be liable for damage resulting from a breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the typically foreseeable damage.

(3) Any further liability is excluded.

9.4 Disclaimer regarding third-party content

The operator’s liability for information provided by users or third parties is governed in particular by Article 6 of the DSA and the supplementary statutory provisions applicable. There is no general obligation to monitor transmitted or stored information in accordance with Article 8 of the DSA.

9.5 Liability for links and external services

The platform may contain links to external websites or third-party services. Suchen Technology Services has no influence over their content and accepts no liability for their accuracy, completeness or availability. Section 9.3 applies to claims for damages arising from the use of such external services. The operators of linked sites are solely responsible for their content and services.

9.6 Liability for user transactions

Suchen Technology Services provides the technical platform for the publication of advertisements and for facilitating contact between users.

The operator does not become a party to any contract concluded between users and, as a matter of principle, does not act as a seller, buyer, agent, trustee or payment service provider on behalf of the users.

Legal relationships arising from such contracts exist between the users involved.

The remaining provisions of this Section 9 apply to claims for damages in connection with user transactions.

9.7 Indirect and consequential damages

Insofar as the operator is liable under Section 9.3, the extent of compensable damages is determined in accordance with statutory provisions.

In the event of a breach of essential contractual obligations due to slight negligence, liability is limited to the damage typically foreseeable in the context of the contract.

This also applies to indirect and consequential damages.

The cases of unlimited liability under Section 9.3(1) remain unaffected.

9.8 Liability towards business users

The liability provisions of this Section 9 apply to business users.

In the event of a breach of essential contractual obligations due to slight negligence, liability is limited to the foreseeable damage typical for the contract.

No further maximum liability limit is agreed under these Terms of Use.

The cases of unlimited liability under Section 9.3(1) remain unaffected.

9.9 Force majeure

The operator shall not be liable for service failures or delays insofar as these are due to events of force majeure or other circumstances for which the operator is not responsible.

Users’ statutory rights, as well as the liability provisions of § 9.3, remain unaffected.

§ 10 Intellectual Property Rights

10.1 Copyright, Trade Mark and Database Rights

The rights to the suchen.expert platform, in particular to software (Sections 69a et seq. of the German Copyright Act (UrhG)), databases (Sections 87a et seq. of the German Copyright Act (UrhG)), interfaces, source and object code, technical innovations, layouts, trade marks, logos and other content created by the operator or lawfully licensed to it, are vested in the operator or the respective rights holders.

Any reproduction, adaptation or use outside the scope of intended use is prohibited without the operator’s prior written consent (Section 15 of the German Copyright Act (UrhG)).

Rights to user content are governed exclusively by Section 10.3.

10.2 Restrictions on Use

Unless otherwise provided for in these Terms of Use or by mandatory statutory provisions, content, source code, databases or other components of the platform may not be copied, modified, distributed, framed, publicly reproduced, sold or used in any other way. Downloading or printing content is permitted only for private, non-commercial use (Section 53 of the German Copyright Act (UrhG)).

10.3 Rights to User Content

(1)

The copyright and other intellectual property rights in content provided by users remain with the respective user or other rights holder.

(2)

The user grants the operator, for the duration of the intended provision of the relevant content, a simple, non-exclusive, geographically unrestricted and royalty-free right of use, insofar as this is necessary for the operation and the contractual provision of the platform.

This right of use includes, in particular, the right to

- to store and reproduce it technically,

- to format, scale, compress and cache it,

- to make it publicly accessible and display it within the platform,

- to index and display it in search results and the areas of the platform designated for this purpose,

- and, where a corresponding platform function is offered, to adapt it technically for different languages or display formats.

(3)

User content may only be used outside the platform for the operator’s own advertising campaigns, newsletters or social media posts if there is a separate authorisation, consent or other legal basis for doing so.

This does not affect the user’s own use of sharing, export or social media functions.

(4)

The right of use for ordinary public display ceases upon the deletion of the content or the termination of its public availability.

This does not affect technically necessary temporary storage, backup copies, statutory retention obligations, or processing carried out for the purpose of asserting, exercising or defending legal claims.

(5)

The user warrants that they hold the rights necessary for the aforementioned grant of rights.

10.4 Rights of other users

Users may only view or save third-party content for personal, non-commercial use. Any further use, editing or publication is prohibited without the consent of the rights holder (Section 23 of the German Copyright Act (UrhG)).

10.5 Trade Mark and Logo Protection

The operator’s names, logos, domains and trade marks must not be used in any way that infringes applicable trade mark, corporate logo or other intellectual property rights, or that falsely suggests authorisation, affiliation or endorsement by the operator.

Legally permissible descriptive or indicative uses remain unaffected.

10.6 Prohibition of Automated Access (Scraping)

Automated processes, such as bots, crawlers or scrapers, for the systematic retrieval, storage, reproduction or analysis of content are prohibited (Section 87b UrhG). The same applies to any circumvention of technical protection measures (Section 95a UrhG). Exceptions require an express written agreement with the operator.

10.7 Feedback and Suggestions

The operator may review and take into account any product-related ideas, suggestions or proposals for improvement voluntarily submitted by users for the further development of the platform.

This shall only give rise to a claim for remuneration if this has been expressly agreed.

This does not result in the transfer of any exclusive copyright, patent or other intellectual property rights of the user to the operator.

Support enquiries, data protection enquiries, security reports, legal notices and other recognisably confidential communications shall not be regarded as freely usable product feedback and shall be handled in accordance with the applicable statutory and contractual provisions.

10.8 Breaches

Any breach of the rights set out in this § 10 may result in civil and criminal proceedings (§§ 97 et seq. UrhG, § 143 MarkenG). The operator reserves the right to claim injunctive relief, removal of infringing material, damages and disclosure of information.

§ 11 Term and Termination of the Terms of Use

11.1 Commencement of the User Agreement

The User Agreement commences upon completion of the relevant registration or other contract conclusion process, in which the validity of these Terms of Use is effectively agreed.

11.2 Term

The registered user agreement is generally concluded for an indefinite period and remains in force until its termination in accordance with the following provisions.

11.3 Use within Germany and Abroad

The platform is available to users within the Federal Republic of Germany and in other countries, provided that the technical and legal requirements are met. The operator may restrict certain functions or content on a regional basis if this is legally or technically necessary.

11.4 Termination by the user

The user may terminate the user agreement at any time without notice by deleting their account or by giving notice in writing. Once the termination takes effect, access will be blocked and personal data will be deleted in accordance with Article 17 of the GDPR, provided that there are no statutory retention periods.

11.5 Termination by the operator

(1) The operator may terminate the contract at any time with 14 days’ notice, provided that no ongoing paid services are affected.

(2) Termination without notice or suspension is permitted if

a) the user breaches these Terms of Use or applicable law,

b) the platform is discontinued,

c) an administrative or judicial order prohibits its continuation, or

d) the security or integrity of the platform is compromised.

(3) Where required by law, the user shall receive a notice setting out the relevant grounds in accordance with Article 17 of the DSA.

(4) Where mandatory special statutory provisions regarding termination, grounds for termination or notice periods apply to business users, those provisions shall take precedence.

(5) Where Regulation (EU) 2019/1150 applies to the contractual relationship with a business user, restrictions or suspensions of individual services shall be justified in accordance with the statutory requirements.

A complete termination of the online intermediation services provided to a business user shall, as a general rule, be justified on a durable medium at least 30 days before it takes effect.

The exceptions provided for by law remain unaffected.

This applies in particular where a statutory or officially imposed obligation requires earlier termination, where a compelling reason under applicable law justifies immediate termination, or where the commercial user has repeatedly breached the Terms of Use and the statutory conditions for earlier termination are met.

11.6 Consequences of termination

(1) Upon the termination or suspension taking effect, the user loses the right to use the platform and the services.

(2) Claims that have already arisen – such as claims for payment or indemnity – remain valid (Section 314(3) of the German Civil Code (BGB)).

(3) Provisions which, by their nature, are intended to remain in force even after the end of the contract shall remain effective. These include, in particular, provisions relating to

– the operator’s and third parties’ continuing intellectual property rights, as well as claims that have already arisen,

– confidentiality, deletion and retention obligations that continue to apply by law,

– dispute resolution and jurisdiction (Sections 16, 17).

11.7 Deletion of data and content

Following the termination of the contract, personal data and user content shall be deleted, anonymised or subject to restrictions on processing in accordance with statutory provisions and the privacy policy.

The public display of deleted user content shall be discontinued unless there is a legal basis for its continued publication.

Technically necessary temporary storage, backups, statutory retention obligations and the preservation of evidence or legal claims remain unaffected.

11.8 Liability in the Event of Termination or Suspension

The liability provisions of § 9 apply to claims for damages in connection with termination, suspension or any other restriction.

The User’s mandatory statutory rights remain unaffected.

11.9 Operator’s Discretion

The user acknowledges that decisions regarding suspension, deactivation or termination are made at the operator’s reasonable discretion. The operator is entitled to take these measures to protect the platform, other users or to comply with legal obligations.

§ 12 Fees and Terms of Payment

The following provisions apply only insofar as paid services are actually offered on suchen.expert and technically activated.

12. 1 Services subject to a fee

Prior to the conclusion of a contract for a service subject to a fee, the user shall be provided with the information required by law regarding price, scope of services, terms of payment and duration. The contract giving rise to an obligation to pay is only concluded via an order function specifically designed for this purpose.

12.2 Prices and VAT

All prices are quoted in euros (EUR) and include the applicable statutory value added tax (Section 1 PAngV). Unless otherwise agreed, the fee is due immediately upon conclusion of the contract (Section 271 BGB).

12.3 Payment Methods

The payment methods actually available at the time will be displayed before the booking is finalised. Payment processing may be carried out via authorised payment service providers in accordance with the EU Payment Services Directive (EU) 2015/2366 (PSD 2).

12.4 Due Date and Default

Fees are payable in full upon invoicing. If the user defaults on payment, the statutory default interest rates pursuant to Section 288 of the German Civil Code (BGB) shall apply:

- Consumers: + 5 percentage points above the base rate,

- Business customers: + 9 percentage points above the base rate,

as well as, where applicable, a flat-rate late payment charge of €40 (Section 288(5) of the German Civil Code (BGB)). Further reminder fees may be charged in the event of repeated late payment.

12.5 User’s obligations regarding payments

The user is obliged to provide all information required for payment processing in full and correctly (Section 241(2) of the German Civil Code (BGB)). Incorrect or incomplete information may lead to delays, additional charges or the temporary suspension of the account.

12.6 Chargebacks and bank charges

In the event of a chargeback or an unpaid transaction, the user shall bear all costs incurred as a result (in particular bank and processing fees), insofar as they are responsible for them (Section 280 of the German Civil Code (BGB)) .

12.7 Discounts and Special Offers

Discounts, vouchers or special offers are granted on a voluntary basis and are subject to the terms and conditions specified in each case. There is no legal entitlement to future price reductions.

12.8 Non-Transferability and Refunds

Purchased paid services are personal and non-transferable. Refunds of fees paid will only be made

- if this has been expressly agreed, or

- if there is a statutory right of withdrawal in accordance with § 14 of these Terms of Use.

12.9 Cross-border payments

In the case of international transactions or currency conversions, additional fees may apply, which are charged by the user’s payment service provider. These costs are borne by the user (§ 270(1) BGB).

12.10 Invoicing and electronic documents

Invoices are issued exclusively in electronic form (PDF or email). Upon conclusion of the contract, the user consents to the electronic sending of invoices (Section 14 of the German Value Added Tax Act (UStG)).

Section 13 Data Protection

13.1 Principle

The protection of personal data is of the utmost importance to Suchen Technology Services. The collection, processing and use of the user’s personal data take place exclusively in accordance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the Telecommunications and Digital Services Data Protection Act (TDDDG) and the relevant provisions of the Digital Services Act (DDG).

13.2 Purposes of processing and legal bases

Suchen Technology Services processes personal data in particular

- for the performance of a contract and the provision of the platform (Art. 6(1)(b) GDPR),

- to comply with legal obligations (Art. 6(1)(c) GDPR),

- to safeguard legitimate interests, such as ensuring IT security, preventing misuse and fraud, or improving the services (Article 6(1)(f) of the GDPR),

- and – where necessary – on the basis of the user’s consent (Article 6(1)(a) of the GDPR).

13.3 Cookies and tracking technologies

Cookies and similar technologies are used to improve the user experience and analyse platform operations. Cookies or tracking services that are not technically necessary are only activated with the user’s express consent via the cookie consent system (Section 25 of the TDDDG in conjunction with Article 6(1)(a) of the GDPR). Settings for this can be changed at any time in the cookie banner or in the browser.

13.4 Data transfer and data processing on behalf of others

Personal data is only transferred to third parties if this

- is necessary for the performance of a contract,

- there is a legal obligation to do so,

- consent has been given, or

- the legitimate interests of the operator or a third party prevail.

Suchen Technology Services engages data processors in accordance with Article 28 of the GDPR for the purposes of technical provision and payment processing. Data transfers to third countries outside the European Economic Area shall only take place in accordance with the conditions set out in Articles 44 et seq. of the GDPR (e.g. EU Standard Contractual Clauses).

13.5 Retention period and erasure

Personal data is stored only for as long as is necessary for the purposes of its processing or to comply with statutory retention obligations. Once the purpose of processing no longer applies or the retention periods have expired, the data is erased or anonymised (Article 17 of the GDPR, Section 35 of the BDSG).

13.6 Rights of data subjects

Users have the rights set out in Articles 15–22 of the GDPR at all times, in particular the right to

- access,

- rectification,

- erasure (‘right to be forgotten’),

- restriction of processing,

- objection to certain processing activities,

- and data portability.

To exercise these rights, an informal notification to is sufficient. Furthermore, there is a right to lodge a complaint with the competent supervisory authority (Art. 77 GDPR) .

13.7 Data security

Suchen Technology Services implements technical and organisational measures in accordance with Article 32 of the GDPR to safeguard data against loss, destruction, manipulation and unauthorised access.

13.8 Data protection contact

The data controller within the meaning of the GDPR is Suchen Technology GmbH, Dieselstraße 11, 30916 Isernhagen. Data protection contact:

Data protection enquiries may be addressed to Suchen Technology GmbH via the data protection contact details provided. 13.9 Reference to the Privacy Policy

Further details regarding the processing of personal data can be found in the separate Privacy Policy. The Privacy Policy serves to fulfil statutory information obligations and does not form part of these Terms of Use.

§ 14 Right of withdrawal

The following information applies only insofar as consumers actually enter into a distance contract for consideration with Suchen Technology GmbH for which a statutory right of withdrawal exists.

Withdrawal notice

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which the contract is concluded.

To exercise your right of withdrawal, you must inform us

Suchen Technology GmbH

Dieselstraße 11

30916 Isernhagen

Email: 

by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the model withdrawal form provided below, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal (services)

If you withdraw from this contract, we shall refund all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.

We will use the same payment method for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

If you have requested that the service commence before the expiry of the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you informed us of the exercise of the right of withdrawal, compared to the total scope of the services provided for in the contract (Section 357a(2) of the German Civil Code (BGB)).

Special notes

The right of withdrawal expires in accordance with Section 356(5) of the German Civil Code (BGB) if Suchen Technology Services have fully performed the contractually agreed service and the performance of the service only commenced after the consumer

1. has expressly agreed that the operator may commence performance of the contract before the expiry of the withdrawal period, and

2. has confirmed that they will lose their right of withdrawal upon full performance of the contract.

Model withdrawal form

(Annex pursuant to Article 246a(1)(2) of the EGBGB)

To:

Suchen Technology GmbH

Dieselstraße 11

30916 Isernhagen

Email: 

I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following service (s):

Ordered on / received on (*): _____________________

Name of the consumer(s): _____________________

Address of the consumer(s):  _____________________

Signature of the consumer(s) (only for paper notifications):  _____________________

Date: _____________________

(*) Please cross out as appropriate.

§ 15 General Provisions

15.1 General Obligations of the User

The user is obliged to comply with the provisions contained in these Terms of Use, as well as all supplementary guidelines issued by Suchen Technology Services, at all stages of use – this applies in particular to registration, the creation and publication of advertisements, the use of communication functions and other services provided (Section 241(2) of the German Civil Code (BGB)).

15.2 Terms of Use and Rules of Conduct

Suchen Technology Services provides binding usage guidelines designed to ensure a safe, respectful and legally compliant environment. Every user undertakes to read, understand and comply with these guidelines carefully. This includes, in particular:

- responsibility for the accuracy and lawfulness of the content posted,

- treating other users with respect,

- refraining from any actions that could impair the operation of the platform or infringe the rights of third parties.

Breaches of these guidelines may – depending on their severity and frequency – result in warnings, temporary restrictions or the permanent suspension of the user account (Section 314 of the German Civil Code (BGB)).

15.3 Function and role of Suchen Technology Services

Suchen Technology Services provides the technical infrastructure for the publication of advertisements and for establishing contact.

The operator does not, as a matter of principle, become a seller, buyer or contracting party to the legal transactions concluded between users and does not assume any official function under Sections 965 et seq. of the German Civil Code (BGB).

15.4 Free Basic Use

Unless fees are specified in accordance with Section 12, use of the platform is free of charge for the user.

15.5 Minimum Age and Legal Capacity

Registration and use of a registered user account are permitted only to natural persons of legal age and with legal capacity.

Persons under the age of 18 may not register their own user account nor make use of any functions requiring registration, in particular the posting of advertisements or the use of the internal messaging functions.

Legal entities, companies and other organisations must, when registering and using the platform, act through a person of legal age who is duly authorised to represent them or to use the account.

Publicly accessible content on the platform may be accessed without registration, irrespective of the above.

15.6 Modification, Updating and Availability of Services

The operator may further develop, modify, expand or temporarily restrict the platform’s functions and services where there is an objective reason to do so, in particular due to technical developments, security requirements, statutory or regulatory requirements, or to adapt to changing usage requirements.

Users’ mandatory statutory rights remain unaffected.

Insofar as Sections 327 et seq. of the German Civil Code (BGB) apply to a consumer contract, changes to digital products or services, in particular where these are provided on a permanent basis, shall be governed by the statutory requirements of Section 327r of the BGB.

Where a change impairs a consumer’s ability to access or use the service more than insignificantly, the statutory rights to information and termination shall be upheld.

Section 9 applies to claims for damages.

15.7 Technical restrictions

Temporary technical faults, maintenance work or system restrictions cannot be entirely ruled out.

The liability provisions of Section 9 apply exclusively to any resulting claims for damages.

15.8 Listing Guidelines and User Access

(1) The operator may limit the number of active listings per user. (2) Duplicate listings or those with identical content will be deleted. (3) In the event of repeated or deliberate breaches, access may be suspended temporarily or permanently.

15.9 Criteria for the removal of adverts

Advertisements may be removed in particular if they

- have been posted multiple times or are identical in content,

- contain incorrect or incomplete key information,

- breach these Terms of Use or applicable law,

- contain false, misleading or inaccurate information,

- are linguistically inappropriate (e.g. excessive use of capital letters, exclamation marks, special characters).

Where there is a legal obligation to provide grounds for the measure, notification shall be given in accordance with the statutory requirements, in particular Article 17 of the DSA.

15.10 Advertisements posted by users

The operator accepts no liability for the accuracy, completeness or lawfulness of advertisements published by users.

Section 9 applies to claims for damages.

The Operator’s liability for user content under the DSA and other mandatory statutory provisions remains unaffected.

15.11 Use of Advertisements

The use and further processing of advertisements and other user content are governed exclusively by Section 10.3.

15.12 Feedback and user enquiries

Section 10.7 applies to voluntary product feedback.

Enquiries regarding support, data protection, security and legal matters shall be treated as non-confidential merely by virtue of their submission.

15.13 Proposed amendments to the Terms of Use

Suchen Technology Services accepts proposals for amendments to these Terms of Use, but is under no obligation to implement them. Amendments shall be made exclusively by the operator in writing (Section 126b of the German Civil Code (BGB)).

§ 16 Governing Law and Language

16.1 Governing Law

These Terms of Use and the contractual relationship are governed by the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as a choice of law is permitted by law.

For consumers, this choice of law does not result in deprive them of the protection afforded by the mandatory provisions of the law of the country of their habitual residence, insofar as such protection is applicable under Article 6 of the Rome I Regulation or other mandatory conflict-of-laws provisions.

For business customers, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that no mandatory statutory provisions preclude this.

The place of performance and – insofar as permitted by law – the place of performance is Isernhagen, Germany.

16.2 Language and Binding Nature of the Version

The legally binding and authoritative version of these Terms of Use is the German-language version. Translations into other languages are provided solely as non-binding service or information translations. In the event of discrepancies, conflicts of interpretation or contradictions, the German version shall be exclusively decisive.

Mandatory legal requirements regarding language, transparency and consumer information remain unaffected.

16.3 Jurisdiction

Where the user is a trader within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, Hannover (Germany) is agreed as the exclusive place of jurisdiction (Section 38 of the German Code of Civil Procedure (ZPO)).

This also applies in other cases only to the extent that an agreement on the place of jurisdiction is legally permissible under Section 38 ZPO.

For consumers, the statutory provisions on the place of jurisdiction apply.

16.4 Note on consumer dispute resolution

Suchen Technology GmbH does not participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the Consumer Dispute Resolution Act (VSBG)). The European Online Dispute Resolution platform (ODR/OS platform) was discontinued on 20 July 2025. Information on consumer dispute resolution and the relevant bodies can be found at: https://consumer-redress.ec.europa.eu/index_de.

§ 17 Legal Provisions and Jurisdiction

17.1 Applicable Law

§ 16.1 applies.

17.2 Jurisdiction

Section 16.3 applies.

17.3 Dispute Resolution

Section 16.4 applies.

17.4 Severability Clause

Should any individual provisions of these Terms of Use be or become wholly or partially invalid, unenforceable or incomplete, the validity of the remaining provisions shall remain unaffected (Section 306 of the German Civil Code (BGB)). The statutory provision shall apply in place of the invalid or missing provision. Where no statutory substitute provision exists or where such a provision would lead to an unreasonable result, the parties undertake to reach an agreement that comes as close as possible to the economic purpose of the invalid provision.

§ 18 Mediation, Helpdesk and Amendments to the Terms of Use

18.1 Contact Channels and Visibility of Email Addresses

(1) For enquiries to the operator (in particular regarding support, legal matters and data protection), contact is to be made via the online contact form provided on the platform. The form enables rapid allocation and processing of enquiries and also serves to protect against automated bulk enquiries (spam and abuse prevention).

(2) Email addresses provided by the operator are not displayed in plain text on the platform in a way that is generally visible. They may be displayed in a technically protected form (e.g. following interaction, authentication or rate limiting); they are not published in a machine-readable format in the DOM.

(3) The use of email addresses provided for advertising, mass-mailing or automated purposes is prohibited; unsolicited advertising by email requires prior consent in accordance with Section 7 of the German Unfair Competition Act (UWG).

(4) Without prejudice to the above provisions, the operator fulfils its statutory disclosure and contact obligations (e.g. legal notice/electronic contact point in accordance with the German Data Protection Act (DSA)). Electronic contact is guaranteed via the channels specified there.

18.2 Customer service and voluntary dispute resolution

Users may contact customer service via the contact form provided on the platform if they have any questions, complaints or technical problems. The operator endeavours to review enquiries within a reasonable period and to find an appropriate solution. Mediation or other out-of-court dispute resolution may be agreed on a voluntary basis in individual cases. There is no entitlement to the conduct of a mediation procedure.

18.3 Review of moderation decisions

Users whose content, listings or accounts have been restricted, suspended or removed may request a review of the decision via the contact form. The operator will review the case, taking into account the circumstances provided, and inform the user of the outcome. Where required by law, the user concerned will receive a statement of reasons for the decision, as well as information on available legal remedies. The user’s statutory rights, in particular the right to bring the matter before the courts or the competent authorities, remain unaffected.

18.4 Amendments to the Terms of Use

(1) The operator is entitled to amend these Terms of Use insofar as

– statutory or regulatory requirements (e.g. DSA, DDG, GDPR) necessitate adjustments,

– technical developments or changes to functionality make this necessary, or

– gaps in the provisions are to be closed, and the amendments do not unreasonably disadvantage the user.

(2) As a general rule, the user shall be informed in writing of planned amendments at least 30 days before they come into force, unless a different period or an exception is provided for by law.

Amendments which are required solely on the basis of mandatory statutory or regulatory requirements, which close obvious regulatory loopholes or which are exclusively to the user’s benefit, may take effect in accordance with the statutory requirements without separate consent.

The user will be informed of any right of termination or right to object, if any.

(3) Amendments which establish new material contractual obligations, materially alter the contractual balance of interests, or may otherwise significantly disadvantage the user shall only take effect in relation to consumers with their express consent, unless a statutory power to amend exists.

(4) Insofar as mandatory special statutory information, time-limit or termination rights, these shall remain unaffected.

(5) Where the P2B Regulation applies, changes affecting business users shall be communicated on a durable medium.

Retroactive amendments shall only be made in relation to business users insofar as this is required by law or regulation, or is to the business user’s advantage.

Mandatory statutory rights of termination and adjustment enjoyed by business users remain unaffected.

18.5 Completeness of the Agreement

These Terms of Use, including the Terms of Use Guidelines expressly incorporated herein and any annexes expressly designated as forming part of the contract, constitute the contractual basis of the user relationship. The Privacy Policy and information regarding cookie consent serve to fulfil statutory information obligations and do not form part of the contract.

18.6 Contact details

Data controller: Suchen Technology GmbH, Dieselstraße 11, 30916 Isernhagen, Germany.

If you have any questions regarding these Terms of Use or any concerns regarding your rights and obligations, please contact us via the contact form.