General Terms and Conditions

§ 1 Scope, contracting parties and definitions

The provider is Elmi Pepaj – IT-Dienstleistungen (sole proprietorship), Wolfegger Str. 3, 88250 Weingarten, Germany, VAT ID DE260077226. These terms apply to all contracts for the use of the CasaHero platform. The platform is aimed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law; use by consumers is excluded. Deviating or conflicting terms of the customer do not become part of the contract, even if the provider does not expressly object to them. “Customer” (also “manager”) is the contracting property management company or landlord. “Users” are the persons created by the customer (staff, caretakers, tenants) who access the platform through the customer account.

§ 2 Conclusion of contract and registration

The presentation of the platform does not constitute a binding offer. The contract is concluded when the provider confirms the registration and activates access. On registration the customer provides truthful and complete information and keeps it up to date; the acting person warrants their authority to represent the customer. The provider may refuse a registration without stating reasons.

§ 3 Scope of services

The provider makes the CasaHero platform available to the customer over the internet for the term of the contract (software as a service) and operates it on servers in Germany. The scope of services follows from the chosen plan and the service description on casahero.de at the time the contract is concluded. The provider may develop the platform further, in particular add functions or change them technically, as long as the contractually owed scope is not materially reduced. If the scope is materially reduced, the customer may terminate the contract for cause with effect from the date the change takes effect. There is no obligation to hand over source code or to install the software on the premises of the customer.

§ 4 Trial period

The provider may grant a free trial period of 30 days. It ends automatically; no termination is required. If no paid plan is booked, access is switched to a read-only mode for a further 7 days, during which the customer can export their data, and is then blocked. For the trial period, warranty and liability are limited to intent and gross negligence.

§ 5 Right of use

For the term of the contract the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the platform within the agreed scope for its own business purposes and to grant users access. Not permitted are in particular: use on behalf of third parties outside the own management activity, sub-letting or transfer to third parties for a fee, reverse engineering, decompilation or circumvention of technical protection measures, automated bulk queries, and any action that impairs the operation of the platform. All rights in the platform remain with the provider.

§ 6 Customer obligations

The customer uses the platform only within the applicable law. It keeps access credentials confidential, does not pass them to unauthorised persons and notifies the provider without undue delay of any suspicion of misuse. It is responsible for the content it and its users enter and ensures that such content does not infringe third-party rights. The customer is the controller within the meaning of Art. 4(7) GDPR for the tenant, staff and caretaker data it processes; in particular the legal basis for processing, the information duties towards data subjects and the handling of data subject requests are its responsibility. The customer indemnifies the provider against third-party claims arising from unlawful use of the platform by the customer or its users; the indemnity covers reasonable costs of legal defence.

§ 7 Remuneration, price adjustment and payment

Remuneration follows the chosen plan and the number of active properties or units. All prices are net plus statutory VAT. Remuneration is due in advance for the respective billing period; the payment term is 14 days from the invoice date. Invoices are provided electronically and the customer agrees to this. The provider may adjust prices in text form with six weeks notice to the start of a new billing period; in that case the customer may terminate the contract with effect from the date the adjustment takes effect. If the customer does not terminate, the adjustment is deemed accepted; the provider points this consequence out separately in the notice. In the event of default the provider may, after prior notice and a reasonable grace period, restrict or block access; statutory default interest and reminder costs remain unaffected. Blocking does not affect the payment obligation.

§ 8 Term, termination and data export

The contract runs for an indefinite period. Either party may terminate it with 30 days notice to the end of the respective billing period, in text form or via self-service in the platform. The right to terminate for cause remains unaffected; for the provider, good cause exists in particular in the event of substantial payment default or a serious breach of § 5 or § 6. After the contract ends, the data of the customer remains available for export in a read-only mode for 90 days. After that period it is deleted unless statutory retention obligations apply. The customer is itself responsible for exporting its data in good time.

§ 9 Availability, maintenance and support

The provider aims for platform availability of 99.5% on an annual average, measured at the handover point of the data centre. Planned maintenance windows announced at least 24 hours in advance, disruptions outside the sphere of responsibility of the provider (in particular failures of network operators or upstream suppliers) and events of force majeure do not count as downtime. The provider offers support by email on working days from Monday to Friday; a specific response time is only promised where expressly agreed.

§ 10 Customer cooperation

The customer provides the equipment required for use, in particular an up-to-date browser, a suitable internet connection and up-to-date mobile devices. In the event of faults it cooperates to a reasonable extent in narrowing them down, in particular through comprehensible fault descriptions. If required cooperation is not provided, response and processing times are extended accordingly.

§ 11 Data protection and processing on behalf

Where the provider processes personal data on behalf of the customer, this is done on the basis of a data processing agreement under Art. 28 GDPR which forms part of this contract and is provided to the customer during registration. The provider processes the data exclusively on documented instructions and within the European Union. The use of sub-processors is governed by the data processing agreement. For the processing of the own contract data of the customer (master and billing data) the provider is itself the controller; the privacy policy provides information on this.

The data processing agreement (DPA) is a separate B2B document and is provided to managers during the registration process.

§ 12 Confidentiality

The parties treat all non-public information of the other party obtained under this contract as confidential and use it only to perform the contract. The obligation continues for three years beyond the end of the contract. Excluded is information that is generally known, was developed independently, or must be disclosed by law or official order; in the latter case the disclosing party informs the other in advance where permitted.

§ 13 Warranty

The tenancy law of §§ 535 et seq. BGB applies unless stipulated otherwise below. The provider makes the platform available in a condition suitable for contractual use and maintains it in that condition. Strict liability for defects existing at the outset under § 536a(1) alt. 1 BGB is excluded. The customer reports defects without undue delay in text form. Insignificant impairments of usability are disregarded.

§ 14 Liability

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed. In cases of simple negligence it is liable only for breach of material contractual obligations, that is obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely; in that case liability is limited to the foreseeable damage typical of the contract, but at most to the remuneration paid in the twelve months before the damaging event. Liability is otherwise excluded. For loss of data the provider is liable only up to the effort that would have been required for recovery had the customer performed proper and regular data backups. The above limitations also apply in favour of the vicarious agents of the provider.

§ 15 Force majeure

Events of force majeure that make performance substantially more difficult or impossible release the provider from its obligation to perform for the duration of the disruption. These include in particular natural disasters, war, strikes, pandemics, official measures and large-scale failures of power or telecommunications networks. If the disruption lasts longer than 60 days, either party may terminate the contract for cause.

§ 16 Changes to these terms

The provider may change these terms with effect for the future where this is necessary to adapt to changed legislation, changed case law or technical developments and does not unreasonably disadvantage the customer. The change is communicated to the customer in text form at least six weeks before it takes effect. If the customer does not object before it takes effect, the change is deemed accepted; the provider points this consequence out separately in the notice. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.

§ 17 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the registered seat of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law. The customer may transfer rights under this contract to third parties only with the prior consent of the provider; consent may not be withheld without good reason. The customer may set off only against undisputed claims or claims established by final court decision. Amendments and additions to this contract require text form. Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.