Legal
General Terms and Conditions (GTC) for the use of digital services and offers from DAA GmbH
This English translation of our Terms and Conditions is for convenience only and has no legal effect. Only the German version, available here, is legally binding. In case of any inconsistencies between the translation and the original, the German version shall prevail.
Preamble
By submitting an enquiry to DAA – "DAA" refers in this context to the contractual service and/or DAA GmbH – and by using the forum or question function of DAA and/or the homeowner platform – hereinafter referred to as "platform" – of DAA , the enquiry submitter, hereinafter also referred to as "user", "consumer" or "enquirer" – all terms used apply to both female and male users regardless of the language form – to the following General Terms and Conditions.
These General Terms and Conditions govern the relationship between the user and the DAA, regardless of which DAA website or form the user uses to submit an enquiry and/or use the DAA's digital services.
The digital services of the DAA that can be used by a user include, in particular, the following
- The central administration and processing of enquiries regarding energy-efficient renovation, construction projects and skilled trade services,
- The recommendation of suitable products and companies based on objective criteria, in particular the property parameters, performance data, regionality, availability, qualifications and previous evaluations of the companies by third parties provided by the user to the DAA,- Provision of fee-based and free services from certified partners, whereby classification as a certified partner by the DAA is based on the partner's entry in the register of skilled trades, the existence of a master craftsman's certificate, brand reach, DAA ratings, company size and location.
- Provision of information on funding opportunities and supplementary services, such as guidance and support with funding applications, energy consulting, financing and electricity tariffs.
If the user is provided with information on a possible subsidy application in connection with the product they have requested and/or the user wishes to receive corresponding advice from the DAA as a service, the DAA expressly points out the following:
The information provided by the DAA is based on the information provided to the DAA by the user. As such, the information provides users with initial guidance as to whether there is a possibility of successfully applying for funding, but in no way guarantees that funding will actually be granted. In particular, the information provided by the DAA does not constitute a heating load calculation within the meaning of DIN 12831 and cannot replace such a calculation in the context of a specific funding application.
- Possibility of using the DAA platform free of charge by registering accordingly.
1. Enquiries and use of DAA services
1.1 If the user submits a request for a DAA product or service via an externally integrated DAA form, via DAA websites and/or via websites of DAA partners, a contract is concluded between the DAA and the user solely for the possible forwarding of the request to third parties at the DAA's discretion and/or for the use of the DAA platform in accordance with these General Terms and Conditions.
If the user's enquiry relates to another DAA service, this enquiry merely constitutes an invitatio ad offerendum, i.e. a non-binding request by the user to the DAA to submit an offer to the user for the provision of the service requested.
Submitting a request and/or registering for the platform is free of charge for the user in all cases and, in the event of a request for a specific service, is non-binding. Any commissions for forwarding the request are borne exclusively by the providers.
1.2 After submitting the request, the user will be contacted by the DAA at its discretion by telephone and/or by email, SMS or messaging apps in order to specify the request, primarily for the purpose of finding suitable companies from the DAA network. The user will also be provided with access data for the DAA platform. At the same time, the user will receive summarised information about their enquiry, in particular about the products requested and the origin of the enquiry.
1.3 The user agrees to recommendations from companies and expressions of interest in supplementary offers, such as the possibility of energy consulting and the offering of electricity tariffs, and expressly and voluntarily declares his consent to such advertising by accepting these General Terms and Conditions.
At the same time, the user is given the option to revoke their consent to further advertising communications. The user is free to make use of this option at any time at their own discretion without further justification.
Furthermore, by accepting these General Terms and Conditions, the user expressly and voluntarily declares their consent to being shown the option of submitting leads for possible services provided by the DAA.
In this case, too, the user is given the option to revoke further advertising communications. The user is free to make use of this option at any time at their own discretion without further justification.
Furthermore, by accepting these General Terms and Conditions, the user expressly and voluntarily agrees that the DAA may send them further product recommendations in addition to recommendations for businesses and requested products until such time as they revoke this consent.
In this case, too, the user is given the option to revoke consent to further advertising communications. The user is free to exercise this option at any time at their own discretion without providing further justification.
1.4 After initial contact has been made, the user will receive information, particularly in the form of emails, in their personal areas on the platform in the event of registration by the user, via SMS and/or via messaging apps until revocation.
- about the businesses to which their specific enquiry has been forwarded,
- product and service recommendations,
- project information, if and to the extent that the user has made changes to their request themselves.
- about the processing of deletion requests made by the user themselves.
1.5 If a user has given the DAA their express consent to do so, the DAA will also forward the user's data to partners for the purpose of distributing customer contacts after receiving consent.
1.6 If a user has expressed interest to the DAA in receiving advice on promotional loans and grants, the DAA will also forward data to credit institutions or loan brokers for this purpose.
1.7 Use of the DAA platform
a) Use of the platform requires the creation of a personal user account. Each user may only create one account and is obliged to keep their login details confidential. Transferring the account to third parties is prohibited.
b) Registration is completed by entering the required data and agreeing to these Terms and Conditions. The contract is concluded upon confirmation of registration by the platform operator.
c) Question function and forum
(1) By using the question function on the platform, the user grants the DAA permission to forward the user's question to selected experts, whereby this permission expressly does not apply to personal data. In addition, the user grants the DAA permission to send answers to their question by email to the address provided.
(2) The DAA reserves the right to edit, review, delete and publish questions and answers. The DAA is entitled to remove questions at its own discretion, in particular if there is suspicion that the question or its content violates legal provisions or regulations.
(3) The following rules also apply to questions and answers:
(a) Questions must be related to the provider.
(b) negative reviews are permitted, but must be expressed objectively and without strong language, obscenities or swear words.
(c) In particular, fascist, racist, anti-Semitic, xenophobic or similarly politically radical statements will not be published.
(d) Reviews for the purpose of self-promotion are not permitted.
(4) Communication forums are implemented on the platform, among other things. The content published there does not replace professional advice. The purpose of the forums is to exchange experiences, opinions and information in the areas of renovation, energy and housing. Users of a DAA forum must treat other forum users with respect, decency and courtesy.
(a) The DAA expressly points out that any content in a DAA forum always represents only general information on general issues. Under no circumstances can this replace professional advice from an expert. This also applies to any contributions from experts in the forum.
(b) The DAA accepts no liability for forum posts and expressly distances itself from the content of user posts in the forums. Users who create and publish posts on a DAA forum are solely responsible for any possible legal violations (e.g. due to insults, copyright infringement, data protection regulations, etc.), the users who created and published the respective posts are solely responsible. If the DAA becomes aware of illegal content in a forum post, this post will be deleted or edited by DAA GmbH without delay.
(5) Image upload in questions or posts in a forum on the platform
The DAA may grant the user the option of adding images or files to their question, enquiry or post.
The user declares and guarantees that he/she has all necessary rights (in particular copyrights, ancillary copyrights and trademark rights) to the content posted, uploaded, transmitted to the DAA or otherwise provided to the DAA (such as texts, images, graphics, videos, audio files) and that the transfer of the content to the DAA and its use on the platform does not infringe any third-party rights.
By uploading or posting content on the platform, the user grants the DAA a free, non-exclusive right to use the content without restriction in terms of time, location or content.
The granting of rights includes, in particular, the right to:
- Storage and reproduction (e.g. for backup purposes or for provision via the Internet).
- Making content publicly available (i.e. making the content on the platform accessible to third parties as necessary for the operation and functionality of the platform, including display on mobile devices and social networks).
- Processing and redesign (e.g. to adapt formats, sizes or quality characteristics in order to optimise the content for display on the platform or for use in advertising measures).
- Assignment/sublicensing of the right of use to third parties, insofar as this is necessary to fulfil the contractual obligations of the DAA or to promote the platform (e.g. to cooperation partners, hosting service providers).
The DAA is entitled to use the content within the scope of its business activities and to promote the platform, in particular in other media (e.g. social media, advertising materials, newsletters) and in modified form.
The granting of rights shall remain in force even after the termination of the legal relationship between the DAA and the user to the extent necessary to comply with statutory retention obligations or to maintain the functionality of the platform and the public access already provided, unless the user explicitly requests the deletion of the respective content, provided that this does not conflict with the legitimate interests of the DAA or third parties.
d) Services provided by the platform
In particular, the platform offers users the opportunity to view their enquiries, project timelines, assigned products, companies and corresponding contact persons.
e) The DAA reserves the right to change or discontinue the services available on the platform at any time, provided that users are notified in good time. The same applies to the implementation of new services on the platform.
f) The user undertakes to use the platform only in accordance with applicable laws and these terms and conditions. In particular, it is prohibited to upload content that infringes the rights of third parties or violates legal provisions. Use of the platform for commercial purposes is only permitted with the express permission of the DAA.
g) Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the privacy policy of the platform https://www.daa.net/datenschutz.
h) The DAA shall be liable in accordance with the statutory provisions for damages resulting from injury to life, limb or health, in the event of intent or gross negligence on the part of the DAA, a legal representative or vicarious agent, as well as for damages covered by a guarantee or assurance granted by the DAA.
In cases of slight negligence, the DAA shall only be liable for compensation for foreseeable damages typical for this type of contract and only insofar as a duty whose proper fulfilment is essential for the execution of this contract and on whose fulfilment the contractual partner could rely (cardinal duty) has been breached by the DAA, a legal representative or vicarious agents. Otherwise, liability is excluded to the extent permitted by law.
The DAA accepts no liability for the technical availability of the platform at any time. Use is at the user's own risk. In particular, the DAA is not liable for technical failures, maintenance work or other disruptions that lead to the temporary unavailability of the platform, unless the DAA is culpably responsible for the causal reason for the unavailability within the meaning of the above liability provisions.
i) The DAA accepts no liability for content uploaded by users.
j) The DAA reserves the right to block or delete user accounts in the event of violations of these Terms and Conditions.
k) Users may delete their user accounts at any time.
1.8 If a user provides their contact details when submitting a request, the DAA can keep the user informed about the current status of their request until they revoke their consent.
1.9 After the DAA has forwarded the user's enquiry, the companies will contact the user at their discretion using the contact details provided and, if applicable, submit suitable offers in response to their enquiry.
1.10 Once the user has received an offer from a business, it is up to them to decide whether and from which business they actually accept an offer. The DAA is neither a contractual partner in this process, nor is it a representative or vicarious agent of the potential contracting parties consisting of the user and the business. The business is not a vicarious agent or assistant of the DAA.
1.11 The collection, processing, transfer and storage of the user's data to a company is carried out in accordance with the provisions of German data protection law and the EU General Data Protection Regulation. The privacy policy can be found at https://www.daa.net/datenschutz.
1.12 The DAA may give the user the option of adding images or files to the enquiry.
The user declares and guarantees that they have all necessary rights (in particular copyrights, ancillary copyrights and trademark rights) to the content they have posted, uploaded, transmitted to the DAA or otherwise provided to the DAA (such as texts, images, graphics, videos, audio files) and that the use of this content does not infringe any DAA, uploaded, transmitted to the DAA or otherwise provided to the DAA (such as texts, images, graphics, videos, audio files) and that the transfer of the content to the DAA and its use on the platform does not infringe any third-party rights.
By uploading or posting content on the platform, the user grants the DAA a free, non-exclusive right to use the content without restriction in terms of time, location or content.
The granting of rights includes, in particular, the right to:
- Storage and reproduction (e.g. for backup purposes or for provision via the Internet).
- Making content publicly available (i.e. making the content on the platform accessible to third parties as necessary for the operation and functionality of the platform, including display on mobile devices and social networks).
- Processing and redesign (e.g. to adapt formats, sizes or quality characteristics in order to optimise the content for display on the platform or for use in advertising measures).
- Assignment/sublicensing of the right of use to third parties, insofar as this is necessary to fulfil the contractual obligations of the DAA or to promote the platform (e.g. to cooperation partners, hosting service providers).
The DAA is entitled to use the content within the scope of its business activities and to promote the platform, in particular in other media (e.g. social media, advertising materials, newsletters) and in modified form.
The granting of rights shall remain in force even after the termination of the legal relationship between the DAA and the user to the extent necessary to comply with statutory retention obligations or to maintain the functionality of the platform and the public accessibility already achieved, unless the user explicitly requests the deletion of the respective content, provided that this does not conflict with the legitimate interests of the DAA or third parties.
2. Reviews
The DAA may grant the user the opportunity to rate a specialist company, dealer or manufacturer.
By submitting a user review, the user grants the DAA a free, non- exclusive right, unlimited in terms of time, space and content, to further use the customer review in any permissible manner, in particular all exploitation rights under the Copyright and Related Rights Act for any purpose, both online and offline. The DAA further reserves the right not to display a user review on its websites, or to display it only for a limited period of time, as well as to shorten or change it. Reviews reflect solely the opinion of the user who submitted them. The content does not necessarily correspond to the opinion of the DAA.
The contact details provided during the review process are required by the DAA to verify the authenticity of a review and will only be used for this purpose.
The following rules apply to reviews:
a) Reviews must relate to the provider and correspond to reality.
b) Negative reviews are permitted in principle, but must be expressed objectively and without strong language, obscenities or swear words.
c) In particular, fascist, racist, anti-Semitic, xenophobic or similarly politically radical statements will not be published.
d) Reviews for the purpose of self-promotion are not permitted.
The DAA reserves the right to review and delete reviews posted by users on the portal. The DAA is entitled to remove reviews if there is suspicion that legal provisions or the review regulations have been violated.
3. Warranties & service restrictions
3.1 The DAA cannot guarantee that suitable businesses will be found for every user request and that these businesses will be persuaded to submit appropriate offers. The DAA is not responsible for and/or does not guarantee the conclusion of a contract between a potential business and a user, nor the successful execution of a potential contract between a business and a user.
3.2 The DAA is not responsible for breaches of duty arising in the context of any contractual relationship that may have been established between a user and a company. The DAA shall not be held responsible for such breaches of duty. It is neither a vicarious agent nor an assistant of either party to such a contract, nor is either party to such a contract a vicarious agent or assistant of the DAA. The DAA acts as a representative of either of the contracting parties, nor is either of the contracting parties a representative of the DAA.
4. Limitations of liability
4.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability apply to the DAA's liability for damages limitations apply.
4.2. The DAA shall be liable without limitation for breaches of duty relating to its contractual relationship with the user, insofar as the cause of the damage is based on intent or gross negligence on the part of the DAA.
Furthermore, the DAA shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user regularly relies. In this case, however, the DAA shall only be liable for foreseeable damage typical for this type of contract.
The DAA shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
4.3 The DAA accepts no liability for images uploaded by users. Users shall indemnify the DAA upon first request against all claims asserted against the DAA by other users or third parties in the event of a breach of the terms of use.
4.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after assumption of a guarantee for the quality of the product, or in the event of fraudulently concealed defects.
Liability under the Product Liability Act remains unaffected.
4.5 Insofar as DAA's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
4.6 The objection of contributory negligence remains unaffected.
4.7 Claims for damages by the user shall become time-barred after two years, unless a shorter period is agreed in this contract and unless the claims are based on injury to life, limb, health or freedom and are not intentional. In all other respects, Sections 199 et seq. of the German Civil Code (BGB) shall apply.
5. Data protection & resulting rights of the user
5.1. The DAA processes users' personal data for specific purposes and in accordance with the statutory provisions. Further information on the type, scope and purpose of the processing of personal data within the DAA websites and the resulting rights as a user can be found in our privacy policy at: https://www.daa.net/datenschutz.
6. Final provisions
6.1 The DAA reserves the right to amend these General Terms and Conditions for objectively justified reasons. Such reasons may include, in particular, adaptation to changed legal or regulatory requirements, adaptation to technical developments, the closing of regulatory gaps or the expansion of the DAA's services.
Planned changes to the General Terms and Conditions will be communicated to the user in writing (e.g. by email to the address on file or by prominent notification upon login) at least four (4) weeks before their planned effective date. The notification will contain the amended provisions and the date of their entry into force.
The user has the right to object to the planned changes. The user has the right to object to the changes within a period of four (4) weeks after receipt of the notification of change.
If the user does not object to the changes within the specified period, the amended Terms and Conditions shall be deemed to have been accepted by the user. This consequence shall be specifically pointed out in the notification of change.
In the event of a timely objection by the user, the platform operator is entitled to terminate the contractual relationship with the user with immediate effect at the time the amended Terms and Conditions are scheduled to come into force. Until the termination of the contract, the previous Terms and Conditions shall continue to apply unchanged.
6.2 Accessibility of products and services
(1) Compliance with accessibility requirements
The provider guarantees that the products and services covered by the scope of the Accessibility Enhancement Act (BFSG) that are placed on the market or provided after 28 June 2025 meet the legal requirements for accessibility in accordance with the BFSG and the regulation based on it.
This includes, in particular, compliance with the relevant technical requirements, which in Germany are largely based on European Standard EN 301549 and the international guidelines for accessible web content (Web Content Accessibility Guidelines – WCAG 2.1 at conformity level AA).
(2) Accessibility of information and support
The provider shall also ensure that the information required under the BFSG regarding the accessibility of the product or service and, where applicable, the accessibility statement is provided in an accessible format. Support services relating to the accessible use of the products and services are also designed to be accessible, insofar as this is required by the BFSG.
(3) Rectification of defects
If a product or service covered by the BFSG does not meet the If the guaranteed accessibility requirements are not met and this constitutes a defect, the customer is entitled to subsequent performance (rectification or replacement delivery/performance) in order to establish accessibility. This does not apply if accessibility is not required due to legally permissible exceptions (Section 1 (4) BFSG, unreasonable burden).
6.3 The place of performance is the registered office of the DAA.
6.4 The place of jurisdiction for merchants is, to the extent permitted by law, the registered office of the DAA, currently Am Sandtorkai 73, 20457 Hamburg.
6.5 German law applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law.
As of: 08.10.2025
