Applicability
These General Terms and Conditions (hereinafter "
Terms and Conditions") govern the terms and conditions of use of all services provided by Zinsli Finance AG, which operates the website
www.zinsli.com and the application
app.zinsli.com (hereinafter "
Zinsli").
Zinsli is a platform that simplifies the provision of security between tenant and landlord (hereinafter both "Users") and provides the tenant with access to a tenant security deposit account and other investment options in addition to the tenant security deposit account. Zinsli Finance AG itself does not become a contracting party and has neither direct nor indirect access to the assets of the users of the platform. The users regulate the tenancy relationship and the securing of the rent among themselves. Zinsli does not become a party to the legal relationship between the Users in any way.
These GTC are considered accepted as soon as the user has declared his agreement to them.
Responsible for these GTC is:
Zinsli Finance AG
Langstrasse 18
8004 Zurich
User registration
User registration is required at Zinsli. The landlord can choose which investment options he wants to make available to his tenant. Users agree to the possible fluctuations in the value of the tenant's deposit, in particular that no additional deposits are to be paid by the tenant during the current tenancy and no profits can be paid out. Landlord may not adjust the permitted selection of investment options during an ongoing lease.
Fees
Zinsli Finance AG, as the operator of Zinsli charges a fee to providers affiliated with Zinsli for the provision of its services. This serves to continuously optimize the quality and performance and to keep it at a high standard.
The landlord may incur one-time costs for the use of the platform. These relate in particular, but not exclusively, to services in the area of extended support or specific functionalities. These costs will always be clearly identified in advance and communicated to the lessor in order to ensure transparent pricing and to avoid unforeseen costs.
Zinsli Finance AG does not charge the tenant for the use of Zinsli.
Duration and Termination
The business relationship between Zinsli and the user is concluded for an indefinite period.
Users may settle and close their Zinsli account on the website and in the app at any time, which is considered a termination. Zinsli may terminate the business relationship at any time with immediate effect. Written notice of termination from Zinsli shall be sent to the User's last known (email) address.
Liability
Zinsli Finance AG shall not be liable for any loss or damage incurred by the users due to the use of the services of Zinsli, in particular:
due to transmission errors, technical malfunctions or defects, failures and unauthorized access or interference with the User's account;
due in whole or in part to any breach by the User of these TOS or applicable laws;
due to any malfunction or failure of the Zinsli App or the hardware used;
due to malfunctions, interruptions (including for system maintenance work) or overloads of the relevant IT systems or networks;
due to payments not being processed or delayed;
resulting from acts or omissions of third parties,
unless such loss or damage is due to the gross negligence or wilful misconduct of Zinsli.
In particular, Zinsli Finance AG shall not be liable for the consequences of a security for non-payment of rent that has not been validly obtained.
The liability of Zinsli for consequential damages, loss of profit, loss of data is excluded to the extent permitted by law.
The User shall indemnify Zinsli Finance Ltd. for any damage or loss incurred by Zinsli Finance AG due to non-compliance with these GTC or legal requirements, due to incorrect or incomplete information provided by the User or due to the execution of instructions.
Intellectual property rights
Zinsli Finance AG is entitled to all rights to the products, services and any trademarks or Zinsli Finance AG is authorized to use them by the owner. Any further use, publication and making accessible of information, images, texts or other contents of Zinsli is prohibited unless explicitly authorized by Zinsli Finance AG. If a user uses content, texts or pictorial material in connection with Zinsli in which third parties have a property right, the user must ensure that no property rights of third parties are infringed.
Data protection
Zinsli Finance AG undertakes to comply with the provisions of Swiss data protection legislation (in particular the Federal Data Protection Act, DSG, and the Ordinance on Data Protection, VDSG) with regard to the acquisition, processing and use of users' personal data.
Zinsli Finance AG processes personal data for the purpose of providing its services on Zinsli. For this purpose, it may involve third parties and, if necessary, pass on data. Zinsli may use the data for marketing and advertising purposes and to analyze user behavior. Zinsli does not sell data to third parties. By concluding appropriate contracts, Zinsli ensures that third parties also comply with the applicable data protection legislation.
Further information on data processing can be found in the privacy policy, which is available online at
www.zinsli.com.
Changes
Zinsli Finance AG reserves the right to change the GTC at any time. The changes will be announced in an appropriate manner.
Applicable law and place of jurisdiction
These GTC shall be governed exclusively by Swiss substantive law to the exclusion of conflict of laws and international treaties.
Any disputes arising out of or in connection with these GTC shall be subject to the jurisdiction of the ordinary courts in Zurich, Switzerland, subject to any mandatory statutory provisions to the contrary.
August 28, 2023
Please note that this is a curtsey translation and that the German version of this document is the legally binding document.