Terms of use

Last updated: 23 September 2026

This is a translation for convenience; the German version is the binding one.

1. Provider and scope

These terms apply to the use of the HabenWir app and the pages at habenwir.avenzasoft.com. The provider is AvenzaSoft UG (haftungsbeschränkt), Pinneberger Str. 8a, 22880 Wedel, Germany ("we"). Users' own terms do not apply.

2. What HabenWir is — and is not

• HabenWir is a platform where private people and businesses offer things to lend (free), rent out (for a fee) or give away, or post what they are looking for, send each other requests and exchange messages.
• We are not a party to the contract. Contracts to lend, rent or give something are made only between users. We are neither their agent nor an intermediary with authority to contract, and we do not warrant that listings are accurate, that items are free of defects, safe or lawful, or that users meet their obligations.
• We handle no payments. Rental prices and deposits are agreed and settled directly between users.
• Using HabenWir is free. If we introduce paid features, we announce them in advance; nobody has to use them.

3. Account

• You may use HabenWir if you are at least 18 and have full legal capacity. Each person may have only one account.
• Your details must be true. Keep access to the e-mail address or phone number we send sign-in codes to secure, and never pass codes on. You are responsible for what is done through your account.
• There is no right to be registered.

Businesses. Anyone offering as a trader (§ 14 BGB) must use a business account and give complete and correct provider details (company, address and, where applicable, VAT ID). Businesses are themselves responsible for meeting their obligations, in particular information duties, total-price indication (Preisangabenverordnung) and informing consumers about any right of withdrawal. Only business accounts may link to the item on their own website.

4. Listings and content

• Only offer what you are entitled to, and describe it accurately: condition, defects, accessories, availability and, for rentals, the price. Use only photos you hold the rights to and that show the item offered.
• Give a pickup location that is true. We only show an approximate point publicly; the exact address is revealed only to the person whose request you accept.
• Take a listing out of the app as soon as the item is no longer available (pause or delete it).
• For as long as it is published, you grant us a simple, royalty-free right to store, display and adapt your content for display (for example resizing photos), as far as running HabenWir requires.

5. Not allowed

In particular, the following may not be offered or sought:

• items whose offer, transfer or possession is prohibited by law or requires a licence the other person does not hold — such as weapons and ammunition under the German Weapons Act, licensed pyrotechnics and explosives;
• medicines, narcotics, tobacco and nicotine products;
• stolen, counterfeit or infringing goods;
• dangerous substances and recalled or unsafe products;
• live animals;
• identity documents, documents and other people's personal data;
• sexual, violence-glorifying or content harmful to minors;
• pure services, job offers, real estate, and advertising without a specific item.

Also not allowed: insulting, threatening, harassing or discriminating against others; spam and unsolicited advertising; deception, such as advance-payment fraud or false identity; circumventing blocks; automated scraping of the app.

6. Requests, loans and contracts between users

• A listing in the app is an invitation to send a request. With the request, the requester offers to contract; if the person offering accepts it, a contract is concluded between the two (loan, rental or gift) with the content they agreed on.
• The steps in the app (handover, return, completion) document the process. They do not replace any further agreements you make.
• Whoever borrows or rents takes care of the item and returns it on time and in the condition received. Whoever offers hands the item over as described and in a safe condition.
• Deposit: where a listing names a deposit, it is handed over at pickup between the people involved and returned on proper return. We are not involved.
• Problems (damage, loss, delay) are for you to settle together. Either side can report a problem on the loan; we may mediate but are not obliged to.
• Insurance: many private liability insurances do not cover damage to borrowed or rented items, or only partly. Check before a valuable loan.

7. Messages and contact details

The chat is for arranging loans and handovers. Phone numbers and links in listings may be used only for that listing — not for advertising or other purposes. Never pay strangers in advance, and never pass on sign-in codes.

8. Ratings

• Ratings must be honest and factual and based on your own experience of the loan or the conversation. Not allowed: insults, ratings in exchange for something, arranged ratings, and threatening a bad rating.
• How we ensure ratings come from real users (§ 5b(3) UWG): only people who completed a loan through the app, or had a real exchange with the rated person in the chat (at least two messages from each side), can rate — once per loan or conversation. Whether a deal actually followed a chat is not checked; such ratings are marked "after a chat". Ratings are not reviewed for content before publication.
• We remove ratings that break these rules or the law as soon as we learn of them. Every rating can be reported.

9. Order of listings

Search results are sorted by default by distance from your location (or the place you chose), and without a location by how recent they are. You can sort by newest, rating and popularity, and filter. We offer no paid placement; business and private listings are treated alike.

10. Reports, moderation and suspension

• Anyone can report illegal content and breaches of these terms through the report function in the app or by e-mail to support@avenzasoft.com. We handle reports promptly, diligently and objectively and tell the reporter our decision.
• For breaches, we may remove content or limit its visibility, warn, and suspend accounts temporarily or permanently. We choose the mildest suitable measure and consider the legitimate interests of everyone involved. The person affected is given reasons. You can challenge a decision by e-mail within six months; we will then review it again.
• Point of contact for authorities and users under Articles 11 and 12 of the Digital Services Act: support@avenzasoft.com, in German or English.
• We pass information on criminal offences endangering people's life or safety to the competent authorities.

11. Availability and development

We aim for uninterrupted operation but cannot guarantee it; maintenance and faults may limit use at times. We keep developing HabenWir and may change, add or discontinue features where that is reasonable for you.

12. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under guarantees given and under the Product Liability Act.
• For slight negligence we are liable only for breach of essential contractual obligations — those whose fulfilment makes using HabenWir possible in the first place and on which you may regularly rely — and limited to foreseeable, typical damage.
• Otherwise our liability is excluded, in particular for users' content, for items offered and for contracts between users.

13. Indemnity

If third parties bring claims against us because you posted content unlawfully or breached these terms, you indemnify us, including reasonable legal defence costs — unless you are not responsible for the breach.

14. Term and termination

• The contract of use runs for an indefinite period. You can end it at any time by deleting your account in the app.
• We can terminate it with 30 days' notice. The right to terminate without notice for good cause, such as serious or repeated breaches, is unaffected.

15. Changes to these terms

Purely editorial changes and changes that only concern new, optional features apply from publication. We announce other changes in the app at least 30 days in advance; they apply once you agree to them. If you do not agree, either side may terminate the contract.

16. Final provisions

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. As a consumer you keep the protection of mandatory provisions of the country where you usually live.
• If users are merchants, the place of jurisdiction is our registered office.
• We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
• If a provision is invalid, the rest remain valid.

Questions about these terms: support@avenzasoft.com. How we handle data is set out in the privacy policy.