Terms of Use

1. Scope and contracting party

These General Terms and Conditions (GTC) govern the use of the confiamo platform by all users. The contracting party and operator is Johannes Schwarzmann; full details are in the imprint. We object to any deviating or supplementary terms of the user unless we have expressly agreed to them.

2. Definitions

“Platform” means confiamo. “Providers” are service providers who maintain a profile. “Seekers” are persons looking for providers. “Users” covers both. “Membership” is the paid subscription that makes a provider profile visible.

3. Subject matter and scope of services

confiamo is an online directory that makes service providers in Spain discoverable and bundles verified recommendations from real customers. The platform establishes contact and offers profile, recommendation and search functions. Contracts for the actual services are concluded solely between seekers and providers; we never become a party to them, owe no service and give no warranty as to their conclusion, quality or freedom from defects.

4. Registration and user account

Creating a provider profile requires a user account. Registration is open only to persons of full legal capacity aged 18 or over. The information provided must be accurate and complete and kept up to date. Credentials must be kept confidential and protected from third-party access. There is no claim to registration or activation. The offering is aimed at commercial and self-employed service providers; anyone offering their services for remuneration via the platform regularly acts as an entrepreneur (Unternehmer) within the meaning of § 14 BGB.

5. Provider profiles and user content

Providers are responsible for the content they submit (in particular name, description, services, categories, images, location) and warrant that they are entitled to do so and that it infringes no third-party rights. By submitting content, providers grant us the simple right, limited to the duration of publication, to store, display and – including by machine into other languages (DE/EN/ES) – translate it for the operation of the platform.

6. Membership, visibility, prices and payment

A provider profile is visible on the map and in search only with an active, paid membership or during the running free phase. Prices, billing periods (monthly or yearly) and any discounted conditions are shown clearly before the contract is concluded; all prices are final prices inclusive of statutory VAT. Payment is processed via the payment provider Stripe. Membership renews for the chosen term unless cancelled in time. If a payment fails or is not made, the profile’s visibility may be suspended (the profile becomes inactive); a payment default may also constitute good cause for termination. Listed providers hold a paid membership or are in the free introductory phase. The default ranking (“Recommended”) is based on the following main parameters, in this weighting: (1) number of verified recommendations, (2) a visibility chance for new providers (up to 30 days after registration), (3) activity (most recently active). Users can alternatively sort the results by distance or activity. The order is not influenced by payment; there is no paid ranking boost.

7. Recommendations

Recommendations are collected via a double-opt-in procedure: the recommending customer selects the services and confirms the recommendation via a link sent by e-mail. Recommendations must be based on a genuine business relationship. Fabricated, bought or self-written recommendations, and those made under a false identity, are not permitted. We are entitled to review, withhold or remove recommendations, in particular where manipulation is suspected.

8. User obligations and prohibited content

Users may not submit content or take actions that breach applicable law, these GTC or third-party rights, in particular no unlawful, misleading, insulting or discriminatory content or content infringing the personality, copyright or trademark rights of others. The platform may not be used abusively, in an automated manner (e.g. scraping) or in any way that impairs its operation.

9. Reports, suspension and removal of content

Users can report profiles via the report function. We review reports and may remove the content complained of. In the event of breaches of these GTC or applicable law, we may remove content and suspend or block profiles and accounts temporarily or permanently. A blocked profile is no longer publicly visible; while blocked, no new recommendations can be received and the profile cannot be edited. We inform the affected user of the removal of content or the blocking of a profile, stating the reasons; the user may object to the measure, whereupon we review the matter again.

10. Availability

We endeavour to keep the platform highly available but do not owe uninterrupted availability. Maintenance, faults, force majeure or circumstances beyond our control may lead to temporary restrictions.

11. Liability

We are liable without limit for intent and gross negligence, for injury to life, body or health, and under product liability law. For simple negligence we are liable only for breach of an essential contractual duty whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely, and limited to the foreseeable, contract-typical damage. Any further liability is excluded. We accept no liability for the providers’ services arranged via the platform or for content submitted by users.

12. Data protection

The processing of personal data is governed by our privacy policy. When certain functions are used, data is transferred to service providers – some based in the USA; details and legal bases are set out in the privacy policy.

13. Right of withdrawal for consumers

The offering is aimed at entrepreneurs, for whom no right of withdrawal exists. If a consumer exceptionally concludes a paid contract, they have a fourteen-day right of withdrawal; a withdrawal notice and a model withdrawal form are provided during the order process. If the consumer there expressly requests that performance begin before the withdrawal period expires, they owe reasonable compensation for the service provided up to the point of withdrawal; the right of withdrawal lapses upon complete performance of the contract.

14. Term and termination

Membership can be cancelled at any time with effect from the end of the respective billing period. The user account can be deleted at any time. The right to extraordinary termination for good cause – in particular for serious or repeated breaches of these GTC – remains unaffected for both parties. Statutory retention obligations remain unaffected.

15. Changes to these GTC

We may amend these GTC with effect for the future where this is necessary to adapt to changed legal or technical conditions. Changes are announced in text form at least six weeks before they take effect. If the user does not object by the intended effective date, the amended terms are deemed accepted; we point out the significance of silence separately in the announcement. In the event of an objection, both parties are entitled to terminate.

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer-protection provisions of the consumer’s state of habitual residence remain unaffected. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the operator’s registered seat. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.