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.