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End User Licence Agreement (EULA)

Welcome to REOS

Dear User, you are herewith invited to use the information and services (hereinafter referred to as "services") provided by REOS GmbH, Amsinckstraße 28, 20097 Hamburg, Federal Republic of Germany (hereinafter referred to as "REOS").

The services will be provided to you in the form of software, for example; an application, web application; or as a module application (small functional unit that can be switched to an application / web application). They each relate to a geographical location, for example, a district, an office building, a settlement, a property or a rental unit/apartment and aim to bundle all digital services top to enable a better life in buildings. The services can take on very different forms: for example, they can help you source local services or local information, or they can include processes that help manage daily issues, or they allow you to connect with other users in the same place. The use of the services requires that you agree to the Terms of Use (hereinafter "EULA"). Please read this EULA carefully.

1. The REOS System

REOS allows the user to use the REOS System. The REOS system is a comprehensive home management software that aims to optimize all processes both in the life cycle of a property, as well as in the life cycle of a rental agreement through digitization. It gives all involved parties opportunities to benefit from time and cost savings as well as efficiency gains.

The "REOS system" offers on the one hand (i) a central software solution, which is designed as a platform and managed, read and controlled via role-specific frontends for different user types and (ii) (as implemented by the respective homeowner) the various hardware with embedded software, including intelligent metering for all types of consumption, digital doorbell panels, digital parcel stations, digital doors, etc. (hereafter "REOS hardware"). Finally, the functions and applications of the REOS system are delivered according to the product description, which is made available on REOS GmbH website under the URL www.reos-software.com. The software is web-based, so it remains on the REOS GmbH servers and is available to customers and users. |The license terms relating to a specific application of the REOS hardware depends on whether the respective homeowner / landlord has selected and implemented the appropriate components of the REOS hardware.

2. Parties, subject matter and validity

Contractual Parties

This EULA constitutes a contract between you and REOS. It gives you specific rights and responsibilities for the use of the Services. You will also find, explained in detail, below the rights and obligations of REOS.

Further Parties

Fundamentally, the services are provided by REOS. However, some additional services may also be offered to you by third parties in agreement with REOS. Such third parties may be, for example: real estate supplier or manager/administrator of rental units/ apartments (for example property owner, real estate management); provider of services related to real estate (for example home insurance, local service providers) ; or providers of software applications (for example provider of building visualization software or social network providers) (these will be collectively referred to as "partners"). The partners of REOS can also set up their own terms of use for the use of these services. If this is the case, REOS will notify you in advance and inform you that these Terms of Use also apply in addition and will be itemized with in an amendement to the REOS EULA. REOS may amend the EULA at any time when required. The changes take effect when they are posted on our website or REOS informs you otherwise. Please check the EULA on the REOS website regularly for any changes. By signing the relevant document you confirm once again your agreement with the EULA.

3. User Content Rights

You control the rights to your data.

The copyright and all other rights related to your personal data, information, texts, software, audio files, photos, graphics, videos or other material (collectively referred to as "data") that you already owned before posting, publishing or input onto our platform remain with you.

You grant REOS certain rights to your data

REOS needs your approval to have specific rights to your data to allow the processing, maintenance, storage, duplication, backup and related processing of your data (collectively referred to as "processing") and these do not violate applicable copyright and other legal requirements relating to your data.

By agreeing to this EULA, you are granting REOS a royalty-free, irrevocable, worldwide permission to host and process data provided by you/collected through our platform and/or through software and hardware attached to the REOS system. Your REOS license also applies to data transmitted to our platform via a third party/partner service. You are authorizing REOS in particular:

  • Managing your data in accordance with REOS privacy policy
  • To share, process and forward your data to you and to the persons, organizations or groups authorized by you,
  • To amend your data for technical purposes (for example to ensure that the content can be viewed on smartphones and computers),
  • To collect and process all information relating to your amenities consumption (through smart metering) within the respective building (such as for example; electricity, water, hot water, heating, gas, etc.) and have them collected and processed by third parties,
  • To process the collected amenities consumption data for the purpose of billing of utility services, or utility bill accounts which in turn allow for a more efficient building management process (specifically relevant for building management, building owners, suppliers and media content providers)
  • To analyze, summarize and evaluate your data for the purpose of further development and improvement of the platform and the app.

You also agree that REOS may, at its sole discretion, not accept, post, store, display, publish, transmit or subsequently delete any of the information/data.

You also may grant REOS partners certain rights to your data.

If you choose to receive services or to run applications from third party/partners, the third party/partners will also have certain rights to your information (such as access to inventory data or content data) to enable service delivery (for example, use an existing Facebook account for registration, contact for troubleshooting, insurance). Any contracts through the use of such services by partners will only be concluded between you and the Partner. By agreeing to the terms and conditions of the partner, you grant the partner the appropriate license rights to your data. Be aware when selecting such applications and granting approvals. The partner's terms of use define what rights you give to your data. For information on how data is collected, processed and used by these services, please refer to the respective privacy policy of the respective partner. Without your explicit consent or legal permission, REOS will not share your information with partners or third parties.


4. Use of services

Your services user rights

There is no entitlement to registration, membership and use of the services. REOS is free to reject a registration, expel a member or prohibit its use. In the event of a successful account opening you will receive a personal, revocable, non-exclusive, non-transferable license to use the services of REOS for your own personal needs.

The use of the services for commercial purposes is not permitted unless you have obtained the express permission from REOS. The intellectual property rights existing in the services remain with REOS or the respective partners.

Account creation / registration

To use the services, you need to register and REOS will create an account for you. To do this, you provide your full name (first name and last name) as a username and a valid email address. Fictitious usernames are not allowed. We suggest a password and recommend that you change it immediately and use an individual and non-obvious password that you are not already using for other services. You are responsible for all activities that occur within your account. If you discover or suspect unauthorized use of your account information, you should immediately change your password and immediately notify our support team.

Services / module apps that are only accessible to restricted user groups

REOS can immediately give you the opportunity to use services / module apps that are only accessible to a limited group of users when registering or later. For example, it may be that only residents of a particular property can use the associated services / module apps. Or it may be that the services / module apps are only available to employees of a particular company. If this is the case, then you will need to be unlocked once by the person responsible - for example, by the property management or HR department - for these services / module apps before you can use them. With such services you lose your access rights when moving out of the property, or when leaving the company. By using these services, you accept that the person responsible may notify REOS of the date of your withdrawal from the property or your exit from the company, thereby automatically blocking your access to these services. If this is the case, your account will still remain in case you want to access the services of REOS at another property. If you want to close your account and have your data deleted, contact us at info@reos-software.com.

Services / module apps with additional terms of use

REOS can immediately give you the opportunity to use services / module apps from REOS or REOS partners at the time of registration or at a later date, which are subject to additional terms of use. If you wish to use a service with additional terms of use from REOS or additional terms and conditions of partners, then you will be notified of this fact prior to activation and your consent will be obtained.

Rules for use of the services

After registering you will have access to a selection of services and module apps. We hope that all users of these services abide by the following rules for using the Services, but we must notify you that while using them, despite all controls, you may be subject to offensive, or questionable content. We assume that you understand this and that you use the Services at your own risk. Please contact us if you come across inappropriate content. You indemnify REOS against all claims of third parties that are asserted against REOS due to an infringement of your own rights, in particular claims of third parties that are based on a breach of your obligations under this clause. 5 "Use of the Services" or no. 6 "REOS Hardware" of this EULA.

You agree that you will not use the Services in any manner that violates applicable laws, regulations, or this EULA. This includes, among others:

  • You are not using the Services for illegal activities or promoting illegal activities. These include behaviors that could lead to criminal or civil liability.
  • You do not violate the rights of others. You do not distribute, publish, or reproduce any content that is unlawfully owned by you, and that may be protected by copyright or other proprietary rights, without the permission of the copyright owner or owner of the intellectual property rights who misrepresent you or your qualifications. This would constitute a violation of a person's privacy, including the posting of images of children or other third parties without their consent (or, in the case of minors, the consent of the guardian).
  • You do not bother other users. You do not use the Services to upload, link, publish or otherwise transmit unlawful, fraudulent, defamatory, defamatory, obscene, pornographic, threatening, abusive, inflammatory, harassing, offensive or inappropriate information or communications. You also may not upload, post or otherwise transmit any unsolicited or unauthorized promotional or promotional materials.
  • You do not manipulate the Services and you do not use the Services to circulate viruses, Trojans, worms or other destructive or harmful software (malware) or programs designed to attack the functioning of computers.
  • You are not trying to copy or resell our services. You do not reproduce, copy, deconstruct, sell or trade with the Software and do not develop it. You do not grant any third party access to the Software or any part of the Software,
  • You are not attempting to unlawfully extend the scope of the permitted use of the Services,
  • You do not make any independent repairs or other changes to the REOS hardware, but notify your respective landlord of any malfunctions.

If you violate any of the provisions of this EULA, REOS will

  • -terminate this contract
  • -withdraw the license to use the Services at the discretion of REOS;
  • -Partially change your visible content
  • -Partially change your visible content
  • -partially delete your visible content,
  • -Sue you for damages

Termination of use of the Services

This EULA and the use of the Services will be terminated by closing your account on our platform. You can close your account on our platform at any time, for any reason (or no reason). To do this you need to send a message to EULA@reos-software.com. REOS may also terminate Your User Account at any time and for any reason and / or otherwise restrict your access to the Services in whole or in part.

5. REOS Hardware

REOS sees itself as an integrated system that integrates both software and hardware. The basis and goal of integrating the hardware components is to optimize conventional processes of the real estate administration, to make obsolete, cost-intensive and superfluous processes and to pass on cost advantages to all involved. REOS is committed to achieving this goal with the installation of digital consumption readers and intelligent measuring systems. If the landlord / owner / property manager decides to read out consumptions digitally using REOS, this data will also be made available to the user in real time.

In order to enable the respective landlords and owners to organize the electricity consumption readings by means of an intelligent measuring system within the guidelines of § 2 MSBG (Measuring Point Operating Act), the user hereby expressly declares that REOS itself fulfills the role of the Meter operator. If REOS considers a third person to be more suitable to perform the metering point operation, the user hereby authorizes REOS to select such a third party. REOS will only apply for the position of the measuring point operator and will only make use of the power of the user to commission a third party with the role of the measuring point operator if this is absolutely necessary for the authorised organization. The same applies to the role of the administrator of the central communication module of the intelligent measuring system - the so-called smart meter gateways. Here, too, REOS itself or one commissioned by REOS, taking into account the regulations of the MSBG, can assume the role of the smart meter gateway administrator.

The user hereby warrants not to modify, reposition, repair or treat in a similar manner REOS hardware that has been installed within the premises (or the associated common areas). In the event of malfunction of the REOS hardware, the user is obliged to report (via the REOS system) the detected error to the responsible landlord, or to the responsible property management.

6. Warranty and disclaimer

REOS is liable for damages in full amount if there is a basis of gross negligence.

In the absence of any condition for which REOS has provided a guarantee or assurance, REOS shall only be liable to the amount of the foreseeable, typical damage which should be prevented by the guarantee or assurance. Failing any lack of the guarantee/ guaranteed quality in turn based on intent / gross negligence. In the case of simple negligent and breach of contract for the delivery of essential duties, (the function which enables the orderly performance of the contract and on whose compliance the client may regularly rely ("cardinal obligations"), REOS liability is limited to the replacement of typical, foreseeable damage; in case of simple negligent violation of other than cardinal obligations, the liability of REOS is excluded.

The above limitations of liability do not apply to claims of the user under the Product Liability Act and damages attributable to REOS for loss of life, limb or health.

Other statutory exclusions of liability for damages (for example, § 281 Abs. 1 Satz 3 BGB) remain unaffected.

7. Further conditions

Notifications by e-mail or on website

It is possible that REOS is required by law to send you communications. In addition, REOS may send you business communications, such as confirmations or notifications of changes to the EULA. You agree that such communications will be made by e-mail or through a website supported by REOS.

Changes to the services

REOS reserves the right, at its sole discretion, to implement new elements as part of and / or as a supplement to the services from REOS, including changes affecting the previous mode of operation of the Services. We may also change all or part of our services or discontinue them. This applies to every aspect of the services from REOS. REOS also reserves the right to limit the nature or amount of storage available to you, the nature or size of the index or library information, the manner in which you access your content and other data without interruption and your continuing ability to do so, and at any time impose other restrictions with or without prior notice.

Partial Invalidity

Should one or more provisions of this EULA be invalid or ineffective, this shall not invalidate the remaining provisions or the entire EULA. The ineffective provisions are replaced by the relevant statutory provisions.

8. Applicable Law

Subject to mandatory national consumer protection laws, this EULA is subject to the laws of the Federal Republic of Germany, excluding the reference standards.