General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter „T&C“) apply to all contracts concluded between Boomerent GmbH, c/o Reaktor Wildau, Schmiedestraße 2a, 15745 Wildau (hereinafter the „Provider“) and the user (hereinafter the „Customer“) via the BOOMERENT platform.

(2) Deviating terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

§ 2 Subject Matter of the Contract

(1) BOOMERENT is a web-based Software-as-a-Service (SaaS) platform for the management and analysis of commercial leases. The Provider makes the platform available to the Customer for use over the internet.

(2) The precise scope of services results from the respective service description and the selected plan at the time the contract is concluded.

§ 3 Conclusion of Contract and Registration

(1) Registration on the platform constitutes an offer by the Customer to conclude a usage agreement. The contract comes into effect upon confirmation of the registration by the Provider.

(2) The Customer is obliged to provide truthful and complete information upon registration and to update it without undue delay in the event of changes.

(3) The Customer is responsible for keeping their access credentials confidential and is liable for any use that takes place under their access credentials.

§ 4 Services and Availability

(1) The Provider endeavors to ensure platform availability of 99 % on an annual average. Excluded from this are periods during which the platform is unavailable due to technical or other problems that are outside the Provider's sphere of influence.

(2) The Provider is entitled to carry out maintenance work, which may lead to temporary restrictions on availability.

§ 5 Prices and Payment Terms

(1) Use of the platform is governed by the prices valid at the time the contract is concluded, in accordance with the price list on the website.

(2) All prices are exclusive of statutory value-added tax, unless stated otherwise.

(3) Billing takes place in advance for the agreed billing period. Payment is due upon invoicing.

§ 6 Customer's Obligations

(1) The Customer undertakes to use the platform only within the framework of applicable law and these T&C.

(2) The Customer is personally responsible for the content and data that they upload to the platform.

§ 7 Data Protection

The collection and processing of personal data takes place in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Further details are governed by the Privacy Policy.

§ 8 Liability

(1) The Provider is liable without limitation for intent and gross negligence.

(2) The foregoing limitations of liability do not apply to damages arising from injury to life, body or health.

(3) The analyses and recommendations provided by the platform do not constitute legal advice.

§ 9 Contract Term and Termination

(1) The contract is concluded for an indefinite period, unless a different billing period has been agreed.

(2) The contract may be terminated by either party with a notice period of 30 days to the end of the respective billing period.

(3) After the end of the contract, the Customer's data will be deleted within 30 days, unless statutory retention obligations exist.

§ 10 Amendments to the T&C

(1) The Provider reserves the right to amend these T&C at any time with effect for the future.

(2) The Provider will inform the Customer of changes in good time. If the Customer does not object to the changes within 30 days, the amended T&C are deemed to have been accepted.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes is Berlin, provided that the Customer is a merchant.

(3) Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions remains unaffected.