Terms and Conditions
DISCLAIMER: This is a machine translation provided for convenience only. The German version is the legally binding document.
1. General
1.1 HomeRun GmbH, with its registered office at 20149 Hamburg, Harvestehuder Weg 18, is the developer and operator of the app "GRID", a mobile application for use on smartphones and tablet PCs (iPhone, iPad, iPod, and Android) as well as the platform "GRID" (hereinafter referred to as "GRID"). When these General Terms and Conditions refer to "GRID", this designation refers to the developer and operator.
1.2 GRID is a SaaS-based property finance app that helps private real estate investors track the finances of their properties and optimize their investments.
2. Definitions
2.1 "User" is any landlord/owner, house and property manager who uses the GRID app or the GRID website to access the services offered there. The User is both a consumer within the meaning of §13 BGB (German Civil Code) and an entrepreneur within the meaning of § 14 BGB as a user of GRID.
2.2 "GRID Services" are the services provided by GRID for Users, which are accessible via the corresponding app "GRID" or via the web browser. The services also include the provision of content and material that was made available as part of the services.
3. Scope
3.1 The following general terms and conditions regulate the rights and obligations of the User and GRID when using the services provided by GRID via its app or website and apply, unless otherwise agreed, in the version valid at the time of the User's registration or in the version last communicated to the User in text form for all current and future service contracts regarding the use of GRID Services (hereinafter: "Contract"), provided they do not violate legal provisions.
3.2 Only the underlying general terms and conditions of GRID apply. Conflicting terms and conditions of the User or terms and conditions that deviate from these general terms and conditions will not become part of the contract, even if known, unless their validity is expressly agreed to in writing by GRID.
3.3 The following general terms and conditions apply both to contracts between GRID and companies and to contracts between GRID and consumers.
4. Scope of Services
4.1 The subject of the contract is the provision of the GRID app or the GRID website. Through these platforms, Users receive comprehensive services that allow them to efficiently monitor the finances of their properties and optimally manage their investments.
4.2 GRID is not liable for the User making contact with other Users via the app and/or the website. GRID does not participate in the content of the communication between Users. If contractual relationships arise between the Users via the app and/or website, GRID does not become a contractual party. The Users are solely responsible for the processing and fulfillment of the contracts concluded between them. Claims regarding the services provided by the Users, in particular claims for damages due to breaches of duty, do not exist against GRID. The relationship between GRID and the Users also does not constitute a contract for the benefit of or with protective effect for third parties.
4.3 GRID continuously develops its app and website and will improve them through ongoing updates. Updates for the app and the website are generally provided to the User free of charge. However, if these are extensive updates and expansions of the functionality, they may be classified by GRID as a new product or upgrade and made available to the User only for an additional fee. This particularly applies to functions that, by their nature, have no direct connection to the existing services (e.g., introduction of new modules). If such updates and extensions are provided free of charge, this can be revoked by GRID at any time. The User is not obligated to accept such an update or extension - automatic updates are not permitted.
4.4 Support via telephone, email, and/or chat from GRID is a voluntary additional service and does not become part of the contract. GRID can discontinue the aforementioned support at any time.
4.5 To use GRID, the User needs an internet-capable device that meets the current system and compatibility requirements for the relevant content. These factors may affect a User's ability to use and the functionality of GRID. Meeting these requirements is the sole responsibility of the User. The User is specifically informed that a supported version of an internet browser must be used for the use of GRID to ensure full functionality.
5. Registration and Contract Conclusion
5.1 Registration as a User is free of charge.
5.2 A contract for the use of the free GRID app or the GRID website is concluded when the User downloads the app in the respective app store (e.g., APP Store) or registers as a User on the corresponding GRID website. GRID is not obligated to enter into a contract. The User has the option to take out a subscription to the GRID SaaS as a User.
5.3 A contract for the use of the paid GRID Services begins with the provision of the paid GRID Services following the conclusion of the corresponding subscription by the User.
5.4 The use of GRID Services via the app or website provided by GRID requires registration as a User and the associated setup of a user account. There is no entitlement to register a user account. Each User may only create one user account. User accounts are not transferable.
5.5 Natural persons are only permitted to register if they are of legal age. In the event that the User acts on behalf of a legal entity, they assure that they are authorized to act on behalf of the legal entity. Upon request from GRID, the User will provide appropriate proof of the information assured according to this clause 5.4.
5.6 The User assures that all data provided by them is true and complete. The User is obligated to keep the data regarding all applications used by them true and complete throughout the entire contract period.
5.7 GRID cannot technically determine with certainty whether a User registered on the app and/or the website is actually the person they claim to be. GRID therefore provides no guarantee for the actual identity of the User.
6. Content, Usage Rights
6.1 Only content and statements for which the User has the necessary rights (in particular copyright and ancillary copyright) may be uploaded or transmitted in the app or on the website. The posting and distribution of pirated copies is prohibited.
6.2 No User is entitled to show content from their user account in whole or in part as part of a public performance or presentation. Excluded are uses that do not violate copyrights or other applicable rights.
6.3 If a User uses content protected by copyright, such as photos, written documents, or videos, when using the GRID app or the GRID website, the User hereby grants GRID a non-exclusive, transferable, sub-licensable, worldwide license for the use of any such content. This grant of rights serves solely the purpose of being able to provide the GRID Services. The grant of rights ends when the content or the GRID user account is deleted.
6.4 GRID uses security technologies corresponding to the current state of the art to a commercially reasonable extent (e.g., encryption, firewall) when providing the GRID Services. The User commits to observing the valid security guidelines and procedures accordingly, which were communicated to them in the context of the underlying GTC.
6.5 The User remains the sole entitled party to the data in any case and can therefore demand the surrender of individual or all data from GRID at any time, especially after termination of the contract, without GRID having a right of retention. A granted right of use in accordance with clause 14.1 remains unaffected by this.
7. Availability
7.1 The User acknowledges that 100% availability of GRID Services is technically not achievable. However, GRID endeavors to keep its Services as constantly available as possible. In particular, maintenance, security, or capacity concerns, as well as events beyond GRID's control (e.g., disruptions to public communication networks, power failures, etc.), can lead to brief disruptions or temporary suspension of the services offered by GRID. All claims against GRID due to impairments and/or interruptions, regardless of the legal grounds, are excluded to the extent legally permissible.
7.2 Adaptations, changes, and additions to the GRID Services, as well as measures that serve to identify and remedy functional disruptions, will only lead to a temporary interruption or impairment of accessibility if this is technically absolutely necessary.
7.3 If it should not be possible to remedy the error within 48 hours, GRID will inform the User within this period in writing, stating the reasons and the period that is expected to be required for the remedy. GRID will use all means to offer the User a workaround solution.
7.4 The connection to the internet is the responsibility of the User and is not part of the scope of services.
8. Changes to the Functionality
8.1 GRID reserves the right to change the scope of service and its general design or to offer additional services, provided this is not unreasonable for the User in individual cases.
8.2 GRID is free to decide to restrict access to and use of certain free content.
9. Obligations of the User
9.1 The User provides GRID with all information necessary for the proper use of GRID Services and performs all necessary support measures.
9.2 The User is obligated to prevent unauthorized access by third parties to their user account through appropriate precautions. For this purpose, the User will, if necessary, inform users authorized by them about compliance with copyright, in particular to prevent violations of the rights in accordance with clause 6 of these general terms and conditions.
9.3 The User is responsible for the input and maintenance of their data required for the use of the services - without prejudice to GRID's obligation to secure data. If the data provided to GRID changes, the User is obligated to immediately inform GRID of this change and to update it.
9.4 The User is not entitled to reproduce, modify, distribute, sell, or rent any part of the services provided by GRID or the software contained therein, unless the User has written consent from GRID.
9.5 The User is solely responsible for the content they place in the databases. They undertake in particular to ensure that the content is not illegal and does not violate the rights of third parties. GRID is not obligated to check whether the content infringes the rights of third parties or violates legal prohibitions. The User also ensures that the content they upload does not contain viruses or harmful programs of any kind.
9.6 In particular, the User is prohibited from:
Harassing other Users or third parties unreasonably (in particular by sending so-called spam) (cf. §7 of the German Unfair Competition Act, UWG)
Using offensive or defamatory content, regardless of whether this content concerns other Users, GRID employees, or other persons or companies
Using pornographic, glorifying violence, abusive, immoral content or content violating youth protection laws, or advertising, offering, and/or distributing pornographic, glorifying violence, abusive, immoral goods or services or those violating youth protection laws
Using content protected by law (e.g., by copyright, trademark, patent, design, or utility model law) without being entitled to do so; or advertising, offering, and/or distributing legally protected goods or services, also without being entitled to do so
Undertaking or promoting anti-competitive actions, including progressive customer solicitation
9.7 Furthermore, the User undertakes to refrain from the following harassing actions:
Sending chain letters
Conducting, advertising, and promoting structural distribution measures (such as multi-level marketing or multi-level network marketing)
Engaging in suggestive or sexually charged communication
Using mechanisms, software, or scripts in connection with the use of the GRID app or GRID website. The direct or indirect advertising or distribution of such mechanisms, software, or scripts is also prohibited. However, the User may use, advertise, or distribute interfaces or software authorized by GRID
Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of GRID Services
Any action that is likely to impair the functionality of the GRID infrastructure, in particular to overload it excessively
Viewing, copying, or otherwise accessing the source code of the services, especially but not limited to actions that serve to derive source codes or internal processes of GRID, unless there is written consent from GRID
9.8 If obligations from this contract, legal provisions, or rights of third parties are violated, or if GRID has another legitimate interest, GRID can impose the following sanctions:
Deletion of content that the User has published in the app or on the website
Temporary or permanent deactivation of individual or all access rights to the GRID app or the GRID website
Termination of the underlying service contract for the use of the GRID Services provided by GRID in the app or the website
9.9 GRID also reserves the right to impose the sanctions mentioned in the previous clause in the event that the payment method specified by the User for the paid subscription is invalid or the tenant does not meet their payment obligation.
9.10 Complaints from other Users may lead to the temporary deactivation of individual or all access rights to the use of GRID Services.
9.11 The User is obligated to keep their access data for the use of GRID Services secret from unauthorized third parties. In particular, the User will store passwords in such a way that access to this data by unauthorized third parties is impossible. The User undertakes to inform GRID immediately as soon as they become aware that the password is known to unauthorized third parties.
9.12 The User may only transfer rights from this contract to third parties with prior written consent from GRID.
10. Contract Duration/ Termination/ Blocking of the User Account
10.1 If the User opts for the free use of the app or the website, the service contract is concluded by the User downloading the app in the respective app store (e.g., App Store) or registering as a User on the corresponding GRID website.
10.2 A contract for the use of the paid GRID Services begins with the provision of the paid GRID Services following the conclusion of the corresponding subscription by the User. The User selects a number of residential units and the corresponding subscriptions provided by GRID. The prices result from the prices listed on the website.
10.3 The service contract for the free use of GRID Services runs for an indefinite period and can be terminated by either party at any time in accordance with the statutory notice periods.
10.4 The paid service contract runs for the contract duration agreed upon by the parties and can be terminated by either party at any time in accordance with the statutory notice period. The termination must be in text form; a notification by email to hello@gridapp.ai is sufficient.
10.5 After the expiry of the contract duration agreed between the parties, the paid service contract is extended by the same period if it is not terminated in due time by one of the parties.
10.6 The right of both parties to terminate for good cause remains unaffected. A good cause for GRID exists in particular if the User violates essential contractual obligations. In this case, GRID additionally reserves the right to assert claims for damages against the User arising from the breach of contract.
10.7 If a User terminates the service contract, the corresponding user account will be deleted immediately by GRID.
10.8 GRID reserves the right to block user accounts without prior warning and thereby exclude the affected User from further use of GRID Services in whole or in part, provided there is a legitimate interest. Such a legitimate interest exists, for example, in case of violation of these GTC or suspicion of fraud against the User.
10.9 GRID is entitled at any time to limit the use of the app or website for individual Users or generally, or to discontinue the app or platform. This applies in particular in cases of suspected misuse of the app or the website, to defend against malware or other damaging agents, and to protect its own interests.
10.10 GRID reserves the right to charge the responsible User for the costs of the blocking or limitation caused by them as well as the unblocking. The amount of the costs will be determined in accordance with § 315 BGB (German Civil Code) at reasonable discretion, taking into account the actual expense. The User remains able to prove the incorrectness of the determined costs.
11. Fees and Invoicing
11.1 The prices and services of the respective paid GRID Services offered by GRID via the app and the website are based on the prices and services agreed upon at the conclusion of the contract, which can be found on the GRID website.
11.2 The use of the respective subscriptions is subject to a fee for the User.
11.3 GRID sends monthly invoices by email to the email address provided by the User to GRID. The fees for the use of the paid services are due for payment immediately upon invoicing for the entire term. Payment is possible with the payment methods offered in the app or the website. The billing of the fee to be paid by the User to GRID for the use of the paid services is carried out by GRID's partner payment service provider.
11.4 The User may only offset the fee incurred for the use of the paid services against due and/or future claims if these claims have been legally established or are undisputed.
11.5 In case of payment default, GRID is entitled to demand default interest. For consumers, the default interest rate is five percentage points above the respective base rate. For entrepreneurs, the default interest rate is nine percentage points above the respective base rate. The assertion of further default damages is reserved.
12. Warranty and Liability
12.1 Warranty claims are excluded if the app or website provided by GRID is not used in accordance with the contract.
12.2 GRID assumes no liability for third-party content or references to other telemedia in the app and the website, as well as any contracts concluded by the User with third parties via the GRID app or website.
12.3 GRID is liable to the User without limitation for damages resulting from injury to life, body, or health, as well as damages based on an intentional or grossly negligent breach of duty by GRID or one of its legal representatives, in accordance with the statutory provisions. The same applies to breaches of duty by its vicarious agents.
12.4 GRID is liable for damages resulting from the slightly negligent breach of essential contractual obligations by GRID or a vicarious agent of GRID in connection with the use of GRID Services only to the extent of the foreseeable damage typical for the contract; an essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner of GRID may regularly rely.
12.5 If the services provided by GRID are used by unauthorized third parties using the personal access of the User or a user authorized by them, the User is liable for the resulting fees within the framework of civil liability until the receipt of the order to change the user account and the password or the report of the loss or theft to GRID, provided they are at fault for the access of the unauthorized third party. GRID assumes no liability for damages that arise when the User passes on passwords to unauthorized persons.
12.6 The User undertakes to indemnify GRID against all claims by third parties based on the data stored by them.
12.7 By acquiring or downloading contracts, utility bill statements, similar documents, and services related to them, the User does not acquire any claim to defect-free documents and services, but exclusively suggestions for contracts and utility bill statements. Since GRID only provides the above-mentioned suggestions and explicitly no finished and not legally binding contracts, a defect is not to be interpreted in connection with the end use, but exclusively as assistance in the creation of the above-mentioned contracts or similar. GRID assumes no responsibility towards the User against claims by third parties from legal violations in connection with content generated through a service provided via the GRID app or website.
13. Confidentiality and Privacy
13.1 All information, documents, communications, information, and data exchanged between the contracting parties and their authorized representatives or other persons (e.g., auditors, lawyers, business and financial advisors), in particular for the collection and presentation of the economic and legal situation as well as the written environment and the technical circumstances, whether in writing, verbally, or by means of electronic data transmission ("confidential information"), will be treated with strict confidentiality and kept secret. Confidential information also includes all analyses, data, studies, and results as well as all documents, contracts, and other information disclosed between the contracting parties or otherwise made known. All confidential information disclosed in the context of the underlying service contract will be used exclusively in connection with the joint business purpose or its evaluation.
13.2 Both contracting parties undertake to maintain confidentiality about all confidential processes that come to their knowledge in the course of the preparation, implementation, and fulfillment of this service contract, in particular business or trade secrets, and not to pass them on or otherwise exploit them. This applies to any unauthorized third parties, that is, also to unauthorized employees, both of GRID and of the User, unless the passing on of information is necessary for the proper fulfillment of GRID's contractual obligations.
13.3 The contracting parties undertake to agree on a regulation identical in content to the above clauses 13.1 and 13.2 with all employees and subcontractors deployed by them in connection with the preparation, implementation, and fulfillment of the underlying service contract.
13.4 The validity of this confidentiality agreement is unlimited in time.
13.5 Certain announcements to third parties such as advertising mailings or press releases, as well as reference communications, are excluded from this confidentiality obligation with the consent of the respective other contracting party.
13.6 Without the consent of the other contracting party, the disclosure/reproduction of confidential information is only permissible if required by mandatory law.
14. Property Rights/ Intellectual Property Rights
14.1 The underlying service contract only acquires a limited permission to use. GRID grants the User usage rights to the GRID Services provided only to the extent necessary for the fulfillment of the specific contractual relationship.
14.2 GRID is the owner of all rights to the GRID Services provided, including all modifications, improvements, upgrades, updates, or derived products. The User is aware that based on the rights granted to them by this contract, they do not acquire any ownership or rights or title to the GRID Services, but they exclusively have a limited right of use in accordance with the conditions of this service contract. All rights derived from patent, trademark, utility model, semiconductor protection, and/or copyright law to the agreed services or otherwise from the creation of the services made available to the User belong to GRID or its licensors, unless otherwise expressly agreed in the underlying service contract.
14.3 The User may not remove, alienate, or change copyright notices, trademarks, logos, and company or other references to industrial property rights that are attached to or contained in the GRID Services.
14.4 The User retains all rights to the data they contribute. However, the User has no rights to the data of those Users who have themselves agreed to GRID's terms of use, even if these Users may also be contractual partners of the User.
15. Contract Language, Jurisdiction, Applicable Law
15.1 The contract language is German. Should GRID also offer the app and/or the website and in particular the general terms and conditions in other languages, the German version of the general terms and conditions always applies in case of ambiguities or doubts as legally binding. No liability is assumed for other language versions.
15.2 German law applies to all legal relationships and disputes that arise in connection with the use of the app and/or the website between GRID and the Users.
15.3 The place of jurisdiction for all disputes arising from or based on the contractual relationship between GRID and a User is, provided that the User is an entrepreneur, the registered office in Hamburg. However, GRID may alternatively sue the User at their general place of jurisdiction.
16. Data Security, Data Protection, Data Processing
16.1 GRID will observe the applicable data protection regulations, in particular those valid in Germany, and will obligate its employees deployed in connection with the app and its implementation to data secrecy in accordance with § 53 BDSG (German Federal Data Protection Act), insofar as they are not already generally obligated accordingly.
16.2 GRID collects, processes, and uses data in accordance with the information in the privacy policy.
16.3 As part of the use of the app, the User is responsible as the controller according to Art. 28 GDPR for compliance with data protection regulations. The User gives GRID a separate written order for data processing according to the requirements of Art. 28 GDPR.
17. Final Provisions
17.1 GRID is entitled to change the underlying general terms and conditions at any time. The changed regulations will be announced at the latest two weeks before they come into force. Users can object to the validity of the changed general terms and conditions within two weeks after notification. If this objection is not made, the new general terms and conditions are considered accepted. GRID will separately inform the Users about the significance of an omitted objection.
17.2 Should a provision or parts of a provision of these general terms and conditions be invalid, the remaining provisions or parts of the provision remain unaffected.
17.3 GRID is entitled to transfer all rights and obligations from the service contract with the User to third parties in whole or in part. The User will be informed of this in advance and can object to the transfer within 14 working days from receipt of the information if they have a legitimate interest in doing so.