Urban Base Terms of Use/ End User Licence
Agreement (EULA) 1.
Urban
Base Union
Investment Real Estate GmbH, Valentinskamp 70 / EMPORIO, D-20355 Hamburg
(hereinafter referred to as “UIR”) provides you with a tool (hereinafter
referred to as “Urban Base”) on its website https://urban-base.eu/ for the purpose of contacting you
to search for apartments, of concluding rental agreements and communicating via
the tenant app during an existing tenancy (hereinafter referred to as the
“Purpose”). Urban Base enables you to enter your personal data and upload
documents in order to introduce yourself as a prospective tenant and to
conclude a rental agreement for an apartment with Union Investment
Institutional Property GmbH (an affiliated company of UIR, hereinafter referred
to as “UII”). Urban
Base is a comprehensive property management software solution. The Services
offered on Urban Base (hereinafter referred to as the “Services”) shall be made
available to you in the form of software, e.g. as an application, web
application or module application (small functional unit which can be added to
an application/web application). They refer to a property, a residential
unit/apartment or a parking position and aim to combine all of the digital
services to optimise life in the building. This
software used by UIR for the aforementioned purpose was developed by REOS GmbH,
Amsinckstraße 28, 20097 Hamburg (hereinafter referred to as “REOS”). Therefore,
it remains on the servers of REOS – in accordance with the contractual
regulations and commissioned processing pursuant to Art. 28 of the GDPR – and
is made available there to UIR and the users for use. The
Services shall be provided by UIR – using REOS as a sub-service provider.
However, some of the Services shall be also provided by other third parties in
coordination with UIR. Such third parties include the property management, the
facility management and the rental service provider of the property/residential
unit. Urban
Base is used exclusively for the aforementioned purpose and in compliance with
these terms of use. 2. Registration and use of Urban Base Any
natural person can be an Urban Base user. You must register in order to use the
Services offered on Urban Base. An
account shall then be created for you. To do this, you provide your full name
(first name and surname) as a user name as well as a valid e-mail address.
Fictitious user names are not permitted. In addition, you choose a password,
which you must then keep strictly confidential. If you suspect that
unauthorised users have acquired your login information, you are obliged to
report this immediately by e-mail to wohnen-duesseldorf@talyo.de. You are responsible for all
activities which take place via your account and are obliged to keep your data
stored on Urban Base up to date. The same applies to all of the information
which you provide on Urban Base and all documents which you upload. There
is no entitlement to the registration and use of Urban Base. UIR reserves the
right to refuse registration, exclude users or prohibit use. Furthermore,
registration on Urban Base does not constitute a claim to the conclusion of a
rental contract. Services/module apps which are
only accessible to restricted user groups: UIR may grant you the use of
Services/module apps which are only accessible to a limited group of users,
either immediately upon registration or at a later point in time. For example,
only residents of a property can use the associated Services/module apps. The
Services/module apps may only be usable by employees of a certain company. If
this is the case, you require a one-time activation for these Services/module
apps by the person in charge – for example, by the property administration –
before you can use them. In the case of such Services, you lose your access
rights when you move out of the property. By using these Services, you accept
that the responsible person may store the date that you move out of the
property on Urban Base and, therefore, automatically block your access to these
Services. If this is the case, your account shall still remain in place in case
you would like to access Urban Base Services again at another property. Services/module apps with
additional terms of use: UIR may grant you the use of
Services/module apps from Urban Base or UIR’s partners which are subject to
additional terms of use, either immediately upon registration or later. If you
wish to use a Service with additional terms of use from UIR or with additional
terms of use from UIR’s partners, you shall be informed thereof prior to
activation and your consent shall be obtained. Rules for the use of all
Services: Once you have registered, a
selection of Services and module apps shall be available to you. You agree not
to use the Services in any manner which violates any applicable law,
regulations or these Terms of Use. This includes, but is not limited to: •
You do not use the Services
for illegal activities or to promote illegal activities. This includes conduct
which could result in criminal or civil liability. •
You do not infringe the rights
of others. You shall not distribute, post or reproduce content which is not
lawfully in your possession and which may be protected by copyright or other
proprietary rights unless authorised by the copyright or intellectual property
rights owner, that misrepresents you or your qualifications, which would
constitute a violation of a person’s privacy, including posting images of
children or other third parties without their consent (or in the case of
minors, without the consent of their legal guardians). •
You do not harass other users.
You shall not use the Services to upload, link to, post or otherwise transmit
any unlawful, fraudulent, libellous, defamatory, obscene, pornographic,
threatening, abusive, inflammatory, harassing, objectionable or inappropriate
information or communications. You also may not upload, post or otherwise transmit
any unsolicited or unauthorised advertising or promotional materials. •
You do not manipulate the
Services and do not use the Services to circulate viruses, Trojan horses, worms
or other destructive or harmful software (malware) or programs designed to
attack the functioning of computers. •
You shall not attempt to copy
or resell the Services provided. You do not reproduce, copy, deconstruct, sell,
trade or reverse engineer the software. You shall not grant access to the
Services to any third party. •
You shall not attempt to
unlawfully expand the scope of the permissible use of the Services. •
You do not carry out any
independent repairs or make other changes to the Urban Base hardware, instead
you shall contact your respective landlord in the event of malfunctions. Should you breach any of the
provisions of these Terms of Use, UIR may • withdraw the rights to use Urban Base
granted to you pursuant to these Terms of Use, • Delete your account, • Change some of your visible content, • Delete some of your visible content and/or • Sue you for damages. Should
you discover unacceptable content, please report this by e-mail to wohnen-duesseldorf@talyo.de. You shall indemnify UIR
against all third party claims asserted against UIR due to an infringement of
rights for which you are responsible, in particular such third party claims
which are based on a breach of your obligations pursuant this section 2 is based. 3.
Rights
of use UIR
shall grant you a non-exclusive, non-transferable, revocable, royalty-free
right, limited in time and content, to use Urban Base solely to fulfil its
purpose and exclusively for your personal use. The use of Urban Base for
commercial purposes shall not be permitted unless expressly granted by UIR. UIR
guarantees that it is entitled to grant you the aforementioned rights. With
the exception of the rights of use expressly granted herein, no other rights
shall be granted to you, particularly with regard to company names or
industrial property rights such as patents, trademarks or utility models, and
the right to grant such rights is not established. In particular, you may only
use the logo and the company name of UIR or Urban Base with the prior written consent
of UIR. 4. Rights of use to user data You
shall grant UIR a non-exclusive, temporally and geographically unlimited,
royalty-free right to use, reproduce, edit, display or perform the content
stored, uploaded or otherwise made available by you on Urban Base in connection
with the use of Urban Base – possibly by partners of UIR – in whole or in part
for the fulfilment of the purpose and to enable you to use the Services. UIR
shall be entitled to sub-license or transfer these rights to third parties, in
particular to the companies of the Union Investment Group (e.g. UII) and
sub-service providers, insofar as this is necessary to fulfil the purpose and
for the use of the Services. The
rights of use encompass, in particular, ·
Maintaining your data, ·
Displaying,
processing and transferring your data to you and to persons, organisations or
groups authorised by you, ·
Changing
your data for technical purposes (e.g. to ensure that the content can be
displayed on smartphones and computers); and ·
The
permission to analyse, summarise and evaluate your data for further development
and improving the platform and the app. UIR
may also, at its sole discretion, refuse to accept, post, store, display,
publish, and transmit data or subsequently delete data. You
guarantee that you are entitled to grant the rights described in section 4. 5.
Availability
and costs UIR shall
endeavour to provide access to Urban Base 24 hours a day within the scope of
its technical and organisational options. However, the accessibility of Urban
Base may be limited or temporarily suspended (e.g. due to technical faults or
maintenance work). You have no right to uninterrupted accessibility of Urban
Base. The use of Urban Base is free of
charge. However, the use of the internet regularly incurs costs (e.g. internet
access provider). These costs shall not be covered by UIR. 6.
Change
of Services UIR
shall reserve the right, at its sole discretion, to implement new elements as
part of and/or in addition to the Services, including changes which affect the
previous mode of operation of the Services. UIR may also change or discontinue
Services in whole or in part. This shall apply to any aspect of the Services.
UIR shall 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, and to impose other restrictions at any time with or without
notice. 7.
Deletion
and blocking UIR shall reserve the right to delete users registered on Urban Base as
well as individual data transmitted by them from Urban Base at any time and
without stating reasons as well as to block access to Urban Base. You may request the closure of your account and the deletion of your
data on Urban Base at any time and without stating reasons. If you wish to do
so, send an email to wohnen-duesseldorf@talyo.de.
The closure of your account and deletion of your data shall take place
immediately, provided that this does not conflict with the processing of
current contractual relationships or other legal storage obligations of UIR or
UII. 8.
Liability UIR
shall be liable for damages to the full amount in the event of intent and gross
negligence. In
the event of a minor negligent breach of obligations material for the
performance of the contract, the performance of which shall enable the proper
execution of the contract and compliance with which the user may regularly rely
on (“cardinal obligations”), UIR’s liability shall be limited to compensation
for the foreseeable damage typical for the contract. The
above limitations of liability shall not apply to claims of the User pursuant
to the Product Liability Act, for the assumption of a guarantee and in the case
of damages attributable to UIR arising from injury to life, limb or health. 9.
Final
provisions These
Terms of Use shall be governed by the laws of the Federal Republic of Germany,
excluding the UN Convention on Contracts for the International Sale of Goods. Notifications
by e-mail or on website UIR
may be required by law to send you communications. In addition, UIR may send
you business communications (such as confirmations). You hereby agree that such
communications may be made by email or via a UIR supported website.
