Terms and Conditions

1. Scope and provider

These Terms and Conditions ("Terms") govern the use of the online platform Nutze.app ("Platform"), operated by Chris Wernsmann, Nutze - Die Mietplattform, Vennstr. 3, 48619 Heek, Germany ("we" or "Nutze.app"). They govern the contractual relationship between us and registered users ("Users").

Deviating terms of Users do not apply unless we have expressly agreed to them in writing.

2. Platform service and role as intermediary

Nutze.app is a pure online marketplace on which Users can offer items for rent ("Providers") and rent them ("Renters"). We merely provide the technical infrastructure through which rental contracts are initiated, documented and (optionally) paid for.

The rental contract for an item is concluded exclusively and directly between the Provider and the Renter. Nutze.app never becomes a party to this rental contract and assumes no warranty or guarantee for the condition, functionality or freedom from defects of the rental items. We act exclusively as an intermediary.

3. Registration and user account

Use of the Platform requires registration. Users must have full legal capacity and be at least 18 years old. The data provided during registration must be truthful and complete and must be updated in the event of changes.

Access credentials must be kept confidential and must not be disclosed to third parties. For fraud prevention, we reserve the right to require identity or payment verification for certain functions or listings (in particular high-value ones).

4. Listings and Provider obligations

Providers are obliged to describe their items truthfully, completely and without misleading information (including condition, prices, deposit and availability). Only items over which the Provider may freely dispose and whose rental does not violate applicable law may be offered.

Commercial Providers are solely responsible for fulfilling their statutory information duties (e.g. legal notice, their own terms, withdrawal policy) and for using the corresponding fields in their profile. Providers are also themselves responsible for the correct tax recording of their income and, where applicable, for invoicing the Renter. Nutze.app only issues invoices for the platform fee it withholds.

5. Conclusion of the rental contract

A listing on the Platform constitutes a non-binding invitation to submit a rental request. The Renter sends a binding booking request for a specific period via the Platform. The rental contract is legally concluded as soon as the Provider accepts the request via the Platform (or automatic acceptance occurs in accordance with the account settings).

6. Prices, payments and platform fee

The prices shown in the listing and in the booking process apply. Depending on the Provider's authorisation, payments can be made in two ways:

• Secure payment via Nutze.app: Payment processing is handled by our integrated payment service provider (Stripe). The invoice amount (incl. platform fee) is authorised on the Renter's means of payment at booking and finally captured after the start of the rental / return. Providers who use this service enter into a direct contractual relationship with Stripe (Stripe Connected Account Agreement).
• Cash payment at handover: The Renter pays the rental price directly to the Provider on site. In this case, the Platform's payment processing does not apply.

Platform fee: For successful intermediation via "Secure payment", we charge a percentage service or platform fee. This fee is borne by the Provider. It is automatically withheld by our payment service provider before the rental price is paid out. The exact amount of the fee is shown transparently to the Provider when creating the listing. Use of the Platform is free of charge for Renters.

7. Deposit and liability limits

Providers can set a deposit in the listing, which serves as security at handover.

• Legal nature of the deposit: We expressly point out that the deposit does not constitute a liability ceiling. If the Renter causes damage to the item or misappropriates it (loss/theft), the Renter is fully liable towards the Provider with their private assets up to the replacement value, insofar as the deposit does not cover the damage.
• Technical hold (pre-authorisation): When using "Secure payment", the deposit is blocked (reserved) on the Renter's means of payment but not immediately charged.
• Re-authorisation for long-term rentals: As credit card reservations generally expire after approximately 7 days, our system will automatically renew the reservation for longer rental periods. For technical reasons, this may result in the deposit amount being briefly blocked twice on the means of payment (double hold) until the old reservation is released. The Renter agrees to this technical process.

Nutze.app does not automatically collect deposits to settle damages; in the event of a dispute, the clarification and use of the deposit is the direct responsibility of the contracting parties.

8. Handover, return and condition report

Nutze.app provides a digital handover process in the app (digital handshake). Providers and Renters can document the condition at pickup and return (e.g. by photos). This documentation serves both sides as evidence. Users are obliged to carry out this process carefully. Nutze.app does not verify the accuracy of these reports.

9. Cancellation and damage

The cancellation conditions shown in the booking process and set by the Provider apply to cancellations. Extensions must be requested via the Platform and require the Provider's consent.

There is no insurance cover (e.g. against damage or theft) provided by Nutze.app. Providers are advised to insure valuable items independently or to bear the risk on their own responsibility.

10. Prohibited items, services and anti-circumvention

Nutze.app is designed exclusively for renting out movable physical and everyday items. It is expressly prohibited to offer or rent:

1. Items whose possession, use, storage or rental is prohibited by law (e.g. weapons, ammunition, explosives, illegal substances, narcotics, counterfeit goods/replicas).
2. Real estate, living space, land or holiday accommodation.
3. Pure services, labour, tradesperson work or human companionship (including escort services, prostitution or other erotic services), unless offered as a subordinate accessory (e.g. assembly service) to a rental item.
4. Pornographic items, sex toys, fetish articles as well as all media and items subject to youth-protection regulations (FSK 18 / adult content).
5. Live animals.

Nutze.app reserves the right to delete listings that violate these provisions without prior notice and to suspend the corresponding user accounts.

Anti-circumvention: It is expressly prohibited to use the Platform merely to make contact in order to subsequently conclude rental contracts outside the Platform (fee circumvention). In the event of a violation, we reserve the right to permanently exclude the Users from the Platform.

11. Limitation of liability of Nutze.app

We are liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health. In the case of slight negligence, we are only liable for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the contracting party may regularly rely; in this case, liability is limited to the foreseeable damage typical for the contract.

We assume no liability for the fulfilment of the rental contracts, punctual payment in the case of cash payment, the condition or availability of the rental items, or for misappropriation, damage or theft of the items by Users, as we are not a contractual party in this respect.

12. Relationship between Users

Claims arising from the rental contract (in particular for rent, damages, return) exist exclusively between the Provider and the Renter. Disputes are to be resolved between these parties. Nutze.app is not obliged to mediate or intervene in disputes under civil law, but may provide the recorded system and log data for clarification.

13. Termination and suspension

Users can terminate their platform account at any time, provided there are no more active bookings. We reserve the right to warn, temporarily suspend or irrevocably delete accounts in the event of violations of these Terms, applicable law, or repeated negative ratings.

14. Changes to these Terms

We reserve the right to change these Terms at any time, insofar as this is necessary for legal or technical reasons. We will inform Users of material changes in good time by email (at least 14 days in advance). If a User does not object within this period, the changes are deemed accepted. We will point out the right to object and the legal consequences of silence separately in the change notification.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Insofar as the User is a consumer, mandatory consumer protection provisions of the state in which they have their habitual residence remain unaffected.

If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the use of the Platform is the registered office of Nutze.app (Heek).

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: July 2026