⚖️ Terms & Contract of HomeHarbor Capital

These General Terms and Conditions (the “Terms”) govern the use of the services of HomeHarbor Capital UG (in formation), Arnold-Sommerfeld-Ring 2, 52499 Baesweiler, Germany (hereinafter “HomeHarbor Capital”, “we”, “us”), by users of the platform (hereinafter “user”, “you”).

By registering on our platform and creating a user account, you agree to these Terms. From that point on, they apply to all current and future uses of our services, unless expressly agreed otherwise.

For better understanding, the following terms are used as follows:

• Investor / user: a person or company that creates an account with HomeHarbor Capital and/or invests in real estate projects via the platform.
• Platform: the digital platform of HomeHarbor Capital through which investments in real estate projects can be initiated, managed and, where applicable, sold.
• Shares: digital participations in real estate projects that can be acquired via the platform. The precise legal structure (e.g. loan, security, participation) is set out in the specific project documentation.
• Minimum holding period: the period during which shares generally cannot be sold, unless otherwise specified in the respective project.
• Buy-back option: the possibility that HomeHarbor Capital offers to buy back shares from the investor at predefined conditions. A legal entitlement to a buy-back only exists if expressly granted in the individual case.

(1) The basic user contract between you and HomeHarbor Capital is concluded as soon as you register on the platform and create a user account. By registering, you accept these Terms as binding.

(2) Based on your registration and verification, a personal contract (e.g. framework agreement) can be created, which may include in particular:

• conditions of your investments and any limits,
• information on fees and payment modalities,
• specific rights and obligations,
• project-related or risk-related provisions.

(3) The personal contract will be made available to you digitally (e.g. by email or within your account). You are obliged to review it carefully. Only after your approval can you use the platform in full and make investments.

(1) Registration is permitted only for natural persons aged 18 or over with full legal capacity and for legal entities.

(2) All requested information must be provided completely and truthfully during registration. We may reject or delete incomplete or clearly incorrect registrations.

(3) After successful registration, we send a confirmation email with an activation link. Registration is only completed once the link has been confirmed.

(4) You must keep your login details confidential and inform us without delay if you suspect misuse of your account.

(5) To comply with legal requirements (including anti-money-laundering rules), we carry out an identity check (KYC). This may be carried out via an external specialist provider who checks, among other things, ID data, PEP status (politically exposed person) and sanctions/terror lists.

(6) As part of our internal suitability assessment, we may in particular consider:

• your financial and income situation,
• existing liabilities,
• professional and financial experience,
• other criteria required for risk assessment.

(7) If you do not meet the requirements or if significant risks arise (e.g. regarding money laundering, terrorism financing or sanctions lists), we may reject your registration or block existing access. Decisions within the scope of legal requirements primarily protect the platform and other users.

(8) The processing of your personal data in connection with KYC is carried out in accordance with our current privacy policy and the GDPR.

(1) You undertake to use the platform only for the intended purposes and not to engage in any unlawful activities.

(2) You are responsible for securely storing your login details. If you become aware of any unauthorised use of your account, you must notify us immediately.

(3) The information, project data, calculations and content provided on the platform do not constitute individual investment advice. They do not replace personal advice from independent professionals. You make your own decisions on purchasing or selling investments.

(4) Before each investment decision, you are obliged to read and understand all risk warnings and the relevant project documentation in full.

(1) Via the platform, users can invest in real estate projects and related financial products. All investments are made at the user’s own risk. We do not guarantee success or preservation of the value of investments. Binding and project-specific information is contained exclusively in the respective key information document (e.g. Key Investment Information Sheet – KIIS) and the project documentation.

(2) Investments offered on the platform involve significant risks, including the risk of partial or total loss of the capital invested. Past performance is not a reliable indicator of future results.

(3) Our crowdfunding services are not protected by EU deposit guarantee schemes under Directive 2014/49/EU. These schemes only cover bank deposits.

(4) The securities or investments offered on the platform are not covered by investor compensation schemes under Directive 97/9/EC.

(5) Economic risks of real estate investments include in particular:

• Market risks: real estate market fluctuations can change the value of your shares.
• Liquidity risks: selling shares may be time-restricted or only possible with discounts.
• Legal risks: changes in laws and regulations may affect investments.
• Rental/void risks: vacancies or late/non-payment by tenants can reduce returns.

(6) HomeHarbor Capital is not liable for losses arising from the risks mentioned above. Each investment is made under your own responsibility.

(7) There is no entitlement to preservation of value or any specific performance of the investments; the value of your shares may rise or fall and, in the extreme, be lost entirely.

(1) HomeHarbor Capital integrates sustainability aspects into its business model. To reduce the ecological footprint, it is generally our goal to use 10% of the management fee and 10% of the reserve fund to acquire CO₂-certificates, without any additional costs to you. The exact allocation may be adjusted over time and will be communicated transparently on the platform.

(2) CO₂-compensation primarily takes place through the purchase of certified emission reduction units (e.g. Gold Standard). These support projects such as reforestation, renewable energy or energy efficiency.

(3) Despite careful selection of projects, we cannot guarantee future availability, recognition or regulatory treatment of the CO₂-certificates used.

(4) The CO₂-savings we display do not represent a guarantee that all emissions associated with a project are fully compensated. They are an estimate based on current knowledge and the specific certificates used.

(1) Use of the platform may involve fees, in particular:

• Management fee: generally 1% per year on the invested amount.
• Reserve fund: 3% of the monthly rental income of the respective project.
• Marketplace/sales fees: e.g. a 3% sales commission for sellers when trading via the marketplace.

(2) All currently applicable fees will be shown to you transparently before a transaction is carried out and explained in your personal contract and/or in the project documentation.

(3) You are obliged to pay all fees when due. In case of outstanding payments, we may temporarily restrict access to certain features of the platform.

(1) The minimum holding period for investments is generally one year, unless a different period is specified in the respective project.

(2) After the minimum holding period has expired, shares can in particular be sold in the following ways:

• Sale via the marketplace: You can offer your shares for sale on the integrated marketplace. A sale is only concluded if a buyer is found. Usually, a sales commission (e.g. 3%) is charged to you as the seller.
• Buy-back option by HomeHarbor Capital: If offered in the individual case, HomeHarbor Capital may buy back shares at predefined conditions. This is subject to sufficient liquidity.

(3) When using a buy-back option offered by HomeHarbor Capital, discounts on the purchase price may apply, e.g.:

• Standard buy-back: buy-back with a discount of e.g. 10% on the original purchase price.
• Early buy-back (before the minimum holding period ends): where offered, buy-back with a higher discount (e.g. 15%).

(4) If HomeHarbor Capital does not have sufficient liquidity or no buy-back option is offered, your only option is to sell via the marketplace – and a sale is only possible if a buyer can be found. There is no entitlement to a buy-back by HomeHarbor Capital or to a successful sale via the marketplace. It is possible that shares cannot be sold at all for a longer period or only with significant discounts.

(1) HomeHarbor Capital aims for high availability of the platform but cannot guarantee uninterrupted accessibility. Maintenance work, security updates or technical issues may temporarily restrict access.

(2) We are liable for damages only in cases of intent and gross negligence. In cases of ordinary negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations) and limited to the foreseeable, typically occurring damage.

(3) We are not liable for third-party content (e.g. project descriptions, external analyses) made available on the platform, unless we created or expressly approved such content.

(4) We assume no liability for the accuracy, completeness or up-to-dateness of information published on the platform, unless due to wilful or grossly negligent breaches of duty.

(1) We process personal data exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).

(2) The purpose, scope, legal basis and storage periods of data processing are set out in our current privacy policy, which is available on the platform.

(3) You are in particular entitled to the rights of access, rectification, erasure, restriction of processing, data portability and the right to lodge a complaint with a supervisory authority, provided the statutory conditions are met.

(1) If you are considered a consumer under applicable law, you generally have a right of withdrawal of 14 days. The details, conditions and legal consequences of the withdrawal are set out in the withdrawal information provided to you when the contract is concluded.

(1) You can terminate your user account at any time with effect for the future by notifying us in text form (e.g. by email). Statutory retention obligations may prevent the complete deletion of certain data.

(2) We may block or terminate your account if you violate these Terms, legal provisions or legitimate interests of HomeHarbor Capital or other users.

(1) In the event of disputes between you and HomeHarbor Capital, both parties shall first seek an out-of-court settlement.

(2) These Terms and all related legal relationships are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of your country of residence remain unaffected.

(3) To the extent permitted by law, the place of jurisdiction for all disputes shall be the registered office of HomeHarbor Capital.

(4) These Terms are protected by copyright. Any reproduction or distribution, including in part, requires the prior express consent of HomeHarbor Capital.

(1) We may amend these Terms with effect for the future where there are legitimate reasons (e.g. changes in legislation, an expansion of platform features). We will inform you about changes in an appropriate manner (e.g. by email). If you continue to use the platform after the changes take effect, this will be deemed acceptance of the amended Terms, provided the changes are reasonable.

(2) If any provision of these Terms is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the original provision.