Terms of Use / End User Licence Agreement (EULA) for Reos Services
Introduction
Dear user, you are cordially invited by us, aam2core Holding AG (Eschersheimer Landstr. 14, 60322 Frankfurt a.M.), to use the information and services (hereinafter referred to as "Services") described in more detail below and provided by our technical service provider, Reos GmbH (Amsinckstr. 28, 20097 Hamburg, Federal Republic of Germany) (hereinafter referred to as "Reos"), in accordance with these Terms of Use. We are authorised to allow you to use the Services and have made arrangements with Reos to do so.
The Services will be provided in the form of software, e.g. as an application, web application or as a module application (small functional unit that can be added to an application/web application). They each relate to a geographical location, such as a district, an office building, a housing estate, a property or a rental unit/flat, and aim to bundle all digital services around better indoor living. The Services can take on very different forms: They may help you to obtain local services or local information, or they may include processes to help troubleshoot, or they may allow you to interact with other users at the same location, to cite just a few examples. Use of the Services is conditional upon your acceptance of the Terms of Use (the "EULA"). Please read this EULA carefully.
1. The Reos System
1.1 The Reos system is comprehensive property management software that aims to optimise all processes both in the life cycle of a property and in the life cycle of a rental through digitalisation and to provide all connected parties (e.g. landlords, tenants, managers) with opportunities to save time, reduce costs and increase efficiency.
1.2 The "Reos System" offers (i) a central software solution which is designed as a platform and is managed, read and controlled for different types of users via role-specific front-ends as well as (ii) (to the extent implemented by the respective homeowner) various hardware components integrated into the software, which include smart metering systems for all consumption, digital doorbell boards, digital parcel stations, digital doors, etc. (hereinafter "Reos Hardware"). The software is web-based, which means it remains on Reos servers.
Whether this EULA also applies to the various functions of the Reos Hardware in a specific application will depend on whether the respective property owner/landlord has selected and implemented the corresponding Reos Hardware components.
The Services are a part of the Reos system that can be utilised by the user.
2. Parties, subject, other involved parties
2.1 The subject of this EULA is free use of the Services by the user in accordance with these EULA. This EULA constitutes a contract between you and us, aam2core Holding AG ("aam2core", "we", "us").
2.2 In general, the Services are being provided by us, yet via Reos. However, services in connection with the Services may also be offered by third parties in coordination with us or Reos. Such third parties can be providers or managers/administrators of real estate/rental units/apartments (e.g. property owners, property management), providers of services related to real estate/locations (e.g. home insurance, local service providers) or providers of software applications (e.g. providers of building visualisation software) (hereinafter collectively referred to as "Partners"). Additionaly, Reos’ Partners may establish their own terms of use for the utilisation of such services. In such case, we or Reos will usually indicate that circumstance to you in advance and point out to you that such terms of use apply in addition to and as a supplement to the EULA; or, as applicable, the respective Partner will perform such notification themselves.
3. Use of the Services
3.1 There is no right to register for or use the Services. We are free to deny a user registration.
3.2 However, if you accept this EULA and we confirm accordingly as described in Clause 5.1 below, then you will have the right to use the Services provided by us in relation to the relevant rental property for your own personal purposes in accordance with the scope of this EULA.
The user has no right to one certain scope of components of the Services, i.e. in relation to the specific property for which the user is making use of the Services, we have the right to not offer individual components of the Services or to remove or deactivate individual components afterwards, although we will inform the user to such end in a suitable manner (for example: In some situations, part of the Services may consist in the user having access to an app; here, we have the right to deactivate that part of the Services in whole or in part).
3.3 Any use of the Services by the user that does not correspond to the intended use of the Services and/or violates the provisions of this EULA is not permitted and the user must refrain from such use. The user may not use the Services for commercial purposes unless the user has received express written permission from Reos to do so. The existing intellectual property rights and copyrights to the Services will remain with Reos or the relevant rights holder.
3.4 The user enters the obligation to not reverse engineer, disassemble, decompile, translate or make possible any unauthorised disclosures concerning the software except to the extent permitted by applicable mandatory law.
3.6 Use of the Services by the user and/or provision of Services by us (or via Reos) requires the processing of certain data as necessary for the performance of the contract (see in particular Section 4 below).
4. User content
4.1 In order for you to use the Services or for us or Reos to provide services relating to the Services, Reos must process certain data (user content) of yours in order to be able to provide the Services to you to the extent contractually specified.
4.2 To such end, you grant a free and globally valid licence for the hosting and processing of data collected from you and processed via the Services and/or via software and hardware connected to the Reos system in the specific individual case. This licence also applies to data transmitted to our platform via a partner application.
The licence particularly provides us and/or Reos on our behalf with authorisation for the following:
· To modify your data for technical purposes (such as to ensure that content can be displayed on smartphones and computers),
· To collect and process information regarding your readable consumption in the respective building (electricity, water, hot water, heating, gas, etc.) and/or to have it collected and processed by authorised third parties,
· To make the consumption data collected and read out available to the parties involved in the preparation and billing of consumption invoices or operating cost invoices for the purpose of more efficient property management (in particular property managers, building owners, suppliers and producers of media intended for consumption, etc.).
4.3 If you want to receive services from Partners or run partner applications, then the Partner must also be granted certain rights to your data (e.g. access to inventory data or content data) in order to enable service provision. Any contracts resulting from the use of such partner services will be concluded exclusively between you and the Partner. By agreeing to a Partner's terms of use, you are granting the Partner corresponding licence rights to your data. Be sure to exercise caution when selecting such applications and granting permission. The respective terms of use of the Partner will define which rights you are granting to your data. Information regarding the type of data collection, processing and use via these Services can be found in the respective Partner’s corresponding privacy policy.
5. Registration
5.1 In order to use the Services, you must register and create a Reos account. As part of the registration process, you’ll need to provide your full name (first name and surname) as a user name as well as a valid email address, or you can register using a service such as Facebook or Google+.
A contract for use of the Services will only be concluded (and use of the Services will only be permitted and possible and/or registration will only be completed) once we expressly confirm as much to you (usually via a corresponding email to your email address stored as part of the registration process after you have accepted this EULA during registration).
A user may not use invented user names during the registration process. We will suggest a password as part of the registration process and recommend that you then change it immediately and use a unique, non-obvious password not already being used for other services.
You are responsible for all activities that take place within your account. If you discover or suspect any unauthorised use of your account information, then you must immediately change your password and immediately notify Reos's customer support team of the incident (contact details for Reos's customer support team can be found here LINK[GSK1] ).
5.2 Reos can give you the opportunity to use services/module apps that are only accessible to a restricted group of users, either immediately upon registration or later. For example, it may be that only residents of a certain property can use the associated services/module apps. Or it may be that the services/module apps can only be used by employees of a certain company. If that is the case, you must undergo one-time activation for those services/module apps via the competent party – such as the administration for the property or the personnel department of the company – before you can use them. For these kinds of services, you will lose your access rights when you move out of the property or leave the company. In the event of your departure from the property (termination of the tenancy agreement) or from the company, that circumstance will be stored in the Reos system for a certain (transitional) period (for purposes such as billing issues) and your access to the services will be blocked or restricted.
5.3 Reos may – immediately upon registration or also at a later point in time – give you the opportunity to use Services/module apps of Reos or of Reos Partners subject to additional terms of use. If you wish to use a Service subject to additional terms of use by Reos or a Partner, then you will be informed of that circumstance by Reos or by the respective Partner before activation and your consent will be obtained accordingly.
5.4 After your registration, a selection of Services will be available to you (the specific scope of service will also depend on the property you are registering for on the website and/or for which you are going to be using Services).
6. Unauthorised use
6.1 You agree not to use the Services in any manner that is unlawful and/or in breach of this EULA and/or that harasses any third party.
In particular, you agree to observe and comply with the following with respect to the Services:
· You agree not to use the Services for and/or in connection with illegal activity or in furtherance of illegal activity.
· You agree not to infringe the rights of any third party during or in connection with use of the Services.
· You agree to not publish or use any third-party content during or in connection with use of the Services insofar as corresponding use and/or publication violates third-party rights (e.g. copyrights, personal rights).
· You agree not to harass other users. You agree to not commit (i) any fraudulent, libelous, defamatory, obscene, pornographic, threatening, abusive or inflammatory actions during and/or in connection with use of the Services; and to not (ii) upload, link to, post or otherwise transmit any fraudulent, libelous, defamatory, obscene, pornographic, threatening, abusive or inflammatory information or communications.
· You agree to not tamper with the Services and to not use any viruses, Trojan horses, worms or other destructive or harmful software (malware) or programmes designed to attack the functionality of a computer in relation to the Services.
· You agree to not provide any unauthorised third party with access to the Services,
· You agree to not carry out any independent repairs or other changes to Reos Hardware, but rather to contact your respective landlord in the event of malfunctions.
6.2 In the event of a material breach of this EULA
· we will have the right to terminate the contractual relationship with you effective immediately; and/or
· we will have the right to delete your Reos account; and/or
· we will have the right to restrict your use of the Services
A material breach of the EULA will especially be met by (but not limited to) a breach of the provisions in Clause
6.1 or Section 3 of the EULA.
7. Termination of the contractual relationship by the user; Termination of the contractual relationship by aam2core
7.1 You may terminate the contractual relationship concerning the use of the Services by closing your account on the Reos Platform. You can close your account on the Reos Platform at any time, for any reason (or no reason). To do so, send a message to datenschutz@reos-digital.com.
7.2 aam2core has the right to terminate the contractual relationship (i) in the event that the other provisions in this EULA grant aam2core a corresponding right of termination, (ii) for good cause, and/or (iii) as per the end of a month in conjunction with four weeks’ prior notice. In addition, aam2core may terminate the contractual relationship if (i) it loses the right to offer the Services to the User in relation to Reos (such loss constituting good cause for termination of the contractual relationship in the above sense), and/or (ii) aam2core is no longer appointed as asset manager for the property for which you are using Services (this also constituting good cause for termination of the contractual relationship in the above sense).
8. Intellectual property and permitted use of the Services
8.1 All elements of the Reos Platform or Services, i.e. data and materials including images, graphics, illustrations, designs, icons, photographs, texts and other illustrations (hereinafter in section 8 "Content") are owned by us or by Reos and are protected by copyright, trademark law, and/or other intellectual property rights.
8.2 You may use the Reos Platform and the Services and their Content to the extent directly related to their intended purpose and taking place within the scope of contractual use under this EULA.
8.3 Any other use and/or copying of Content without prior express consent from us will be a violation of applicable law and is prohibited under this EULA.
8.4 It is prohibited to use automated systems or software to extract data from the Reos Platform and/or the Services, in particular for commercial purposes.
9. Availability
We endeavour to offer unrestricted availability of the Reos Platform and the Services within the scope of what is technically feasible and economically reasonable. However, we do not assume any warranty to such end. Maintenance work, reasons of security and capacity, technical circumstances and events outside our control particularly may lead to temporary inaccessibility of the platform.
10. Third-party content
Insofar as the Reos platform or the Services contain links and references to third parties, in particular other websites, we have no influence on the current and future design and content of linked pages and therefore accept no liability for them. The use of such third-party content is at your own responsibility. If it comes to your attention that we have linked to pages with illegal or questionable content, then please inform us so that we can remove the link as quickly as possible.
11. Reos Hardware
11.1 Reos sees itself as an integrated system that incorporates both software and hardware. The background and aim of integrating hardware components is to optimise conventional property management processes; to make outdated, cost-intensive procedures superfluous; and to pass on cost benefits to all parties involved. To achieve this goal, Reos relies on the installation of digital consumption readers and smart metering systems, among other things. If the landlord/owner/property manager decides to read out consumption data digitally using Reos, then that data will also be made available to the user in real time.
11.2 In order to enable the respective landlords and owners to organise the reading of electricity consumption via a smart metering system within the meaning of § 2 MSBG (German Metering Point Operation Act), the user hereby declares as a precautionary measure that Reos itself will request the role of metering point operator pursuant to § 5 MSBG. If Reos deems a third party more suitable to carry out metering point operation, then the user hereby authorises Reos to select such third party. Reos will only apply for the position of metering point operator and will only make use of the user's authorisation to commission a third party as metering point operator if doing so is absolutely necessary for the organisation of metering point operation in compliance with the law. The same will apply to the role of administrator of the smart metering system’s central communication module – the so-called smart meter gateway. Here, too, Reos itself or someone commissioned by Reos can assume the role of smart meter gateway administrator in compliance with the provisions laid out in the MSBG.
11.3 The user hereby warrants they will not independently modify, reposition, repair or similarly handle any Reos hardware installed within their premises (or the common areas appurtenant thereto). In the event of malfunctions in Reos hardware, the user must report (via the Reos system) a detected fault to the responsible landlord or the responsible property management.
12. Limitation of liability
12.1 We will hold liability toward you with regard to expenses and damages in the following cases in accordance with the pertinent legal provisions (hereafter “Damage Compensation” in this Section 12): In the event of liability under the German Product Liability Act; in cases of intent or fraudulent misrepresentation; in cases of gross negligence; for injury to life, limb or health; in the event of the assumption of a guarantee by us; as well as in all other cases of mandatory liability under the law.
12.2 We will also be liable to you for Damage Compensation in the event of culpable breach of so-called cardinal obligations in accordance with statutory provisions. Cardinal obligations in this sense are all obligations whose breach jeopardises achievement of the contract object as well as all obligations whose fulfillment makes proper performance of the contract possible in the first place and compliance with which may be regularly relied upon. However, insofar as the breach of a cardinal obligation was only slightly negligent and did not result in injury to life, limb or health, the user's claims for Damage Compensation will be limited in amount to typical and foreseeable damage.
12.3 In all other respects, the user's claims for Damage Compensation against us are excluded, irrespective of the legal grounds – in particular due to a material defect, defect of title and/or breach of other obligations arising from contractual obligations or from a pre-contractual obligation (e.g. within the meaning of section 311 para. 2 German Civil Code) by us, our legal representatives, employees or vicarious agents, from section 311 a German Civil Code or from tort.
12.4 Insofar as our liability is limited or excluded under the above provisions, the same will also apply to the personal liability of our legal representatives, employees and vicarious agents.
12.5 Any statutory liability privileges in favour of aam2core will remain unaffected.
12.6 There is no change in burden of proof to the disadvantage of the user associated with the above provisions.
12.7 The user's claims for Damage Compensation will become statute-barred within the statutory limitation periods as measured from the time they arise as specified in law.
13. Miscellaneous
13.1 We reserve the right, at our sole discretion, to implement new elements as part of and/or in addition to the Services, including changes that affect the previous mode of operation of the Services. We may also change or discontinue services in whole or in part. This applies for every aspect of the Services. We also reserve the right to impose limits on the nature or amount of storage capacity available to you, the type or size of index or library information, the manner in which you may access or distribute your content and other data without interruption, and your continued ability to do so, and to impose other restrictions at any time.
13.2 Should individual provisions of the EULA be invalid or unenforceable or become invalid or unenforceable after contract conclusion, the validity of the remainder of the EULA will not be affected. The invalid or unenforceable provision should be replaced in accordance with the will of the parties by a valid and enforceable provision whose effect comes closest to the economic objective pursued by the contracting parties with the invalid provision. The above provision will apply accordingly in the event that the EULA proves to be incomplete.
13.3 The contract text used with the respective user will be stored by us. The user can view that contract text on the website https://zimmerei.apartments/ (generally also after contract conclusion). In addition, the user will be provided with this EULA by email after contract conclusion.
13.4 If necessary, we may amend this EULA
- to the extent that we are required to bring the EULA into compliance with applicable law;
- to the extent that, in doing so, we are complying with a court judgment or a decision by authorities against us; and/or
- to the extent that changes in the legal framework relevant to the contractual relationship between the parties, case law, the administrative practice of a competent supervisory authority and/or changes in other circumstances relevant to the contract which are beyond the control of both parties make it necessary to adjust the EULA (e.g. because the relevant clauses in the EULA in this respect are now deemed to be ineffective in general terms and conditions due to such changes or because continued application of the EULA without corresponding adjustments would lead to a breach sanctionable under supervisory law)
and no unacceptable consequences for the user and no changes to the contractual services result from the changes made by us that are reciprocal, unless such changes are unavoidable when measured against the above standard.
We will send the amended EULA to the user in text form prior to the planned entry into force and will notify the user separately of the new provisions and the date of the planned entry into force. At the same time, we will grant the user a reasonable period of at least two months to declare whether he or she accepts the amended EULA for further use of the Services. If no declaration is made within that period, which will begin as per receipt of the message in text form, then the amended terms and conditions will be deemed to have been agreed. At the beginning of the period, we will separately inform the user of that legal consequence, i.e. the right to object, the objection period and the significance of silence.
13.5 We are willing (but not obliged) to participate in dispute resolution proceedings before the following consumer arbitration board: Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).
13.6 This EULA is governed by the laws of the Federal Republic of Germany.
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