By downloading the Run this place app (hereinafter called "Run this place app") from the Apple App Store or the Google Play Store, a user contract is established for the use of the Run this place app between you and the company
Union Investment Real Estate Digital GmbH
represented by Dr. Lars Scheidecker and Mr Frederik Nieß
20355 Hamburg, Germany
(hereinafter called "UI Digital").
§ 1 Use of the Run this place app
Please note that the use of certain functionalities of the Run this place app require an existing data connection of your smartphone, tablet or computer or this will be established through the use of these functionalities. We therefore recommend only using the Run this place app if you have a flat rate data contract or are near a WiFi hotspot, in order to avoid any connection costs. When you download the free basic version of the Run this place app, UI Digital grants you a free, non-exclusive, non-transferable right to use the Run this place app on a device owned or held by you on which the software can run based on the system requirements which you were able to view before concluding these terms and conditions in the Apple App Store or Google Play Store.
The Run this place app is constantly being developed further and therefore, new functions and services are regularly offered via the free basic version.
Additional functions and services in the app can be purchased for a fee.
In this case, UI Digital will notify you of the prices and features in advance. In any case, the free management of your Run this place profile will be maintained and will remain usable.
You are not permitted to copy or distribute the Run this place app or to otherwise make it available to third parties (including through rental, leasing, lending or sub-licensing). You are not authorised to amend, reverse engineer, decompile, disassemble or otherwise record source code for the programme code of the Run this place app or to use this to create any works. This shall not affect the provisions of §§ 69d, 69e of the Copyright Act (UrhG).
UI Digital reserves all rights to the Run this place app.
§ 2 Assistance duties
When using the Run this place app, you are obligated to apply all the necessary diligence and to check the results generated with the software to an appropriate extent before using them. You are obligated to securely store all access data, e.g. your user name and your password.
You agree to automatically install updates, e.g. for bugfixing. If the updates require further authorisations, you will be notified of this before the installation. If you do not agree to these further authorisations, the update will not be installed and this may impair the operations of the Run this place app.
To the extent that you have acquired the Run this place app for a fee as an entrepreneur within the meaning of § 14 of the Civil Code (BGB), the obligations regarding complaints pursuant to § 377 of the Commercial Code (HGB) shall apply.
The technical requirements for using the app are listed in the app description in the App Store, especially the supported operating systems / versions and end devices such as smartphones and tablet PCs.
§ 3 Warranty and liability
a.) Warranty and liability for free software.
UI Digital shall only be liable for material and legal defects, irrespective of their legal reason, to the extent that UI Digital maliciously concealed the respective material or legal defect. Otherwise, UI Digital, its legal representatives and its agents shall only be liable for compensation for the damage caused in relation to the free provision of the software in case of intentional or grossly negligent misconduct or in case of culpably caused damage to life, limb or health. This shall not affect claims under the Product Liability Act.
b.) Limited liability for software for a fee.
To the extent that the software was acquired for a fee, UI Digital shall only be liable, irrespective of the legal reason, in accordance with the following provisions:
In the following cases, liability shall be based on the statutory regulations:
§ for damage caused by intent or gross negligence,
§ for damage resulting from non-adherence to written warranties in the scope covered by the purpose of the warranty,
§ in case of malice,
§ in case of bodily harm or personal injuries,
§ in cases of product liability under the Product Liability Act,
§ to the extent that the scope of § 44a TKG (Liability of the provider of publicly accessible telecommunications services) applies.
To the extent that liability does not apply under the legal provisions as per the list above, the following shall apply: In cases of a violation of non-essential contractual obligations due to simple negligence, UI Digital shall not be liable to pay compensation.
Otherwise, liability for damage caused by simple negligence shall be limited to the damage that could typically be expected to arise in the context of the respective contractual relationship (typical foreseeable contractual damage). Damage that arises due to the use of the app on devices with full administrative access (rooting for Android, jailbreaking for iOS), is not deemed to be foreseeable. This also applies to negligent violations of duty by the legal representatives, upper management or agents.
If you are an entrepreneur within the meaning of § 14 BGB, we agree that the typically foreseeable contractual damage from violations of duty under this agreement at most corresponds to the amount of the remuneration paid to UI Digital under this agreement.
The above limits to liability shall also apply to claims for a compensation of expenses.
c.) To the extent that the liability of UI Digital is excluded or limited under these provisions, this also applies to the liability of the company bodies, assistants and agents, including the employees of UI Digital.
d.) The warranty period for material and legal defects for software which you acquired for a fee as an entrepreneur, is 12 months. This does not apply to the extent that the liability pursuant to lit. b) is based on the legal provisions.
§ 4 Support
In the event of problems while using the app, please contact UI Digital at:
Union Investment Real Estate Digital GmbH
20355 Hamburg, Germany
+49 40 53 79 8300
When you contact us, your customer data will be used for the intended purpose.
In support cases, you will be asked for your identification data. You can notify UI Digital, and especially the customer hotline staff, of the system status (e.g. personal data, configuration data, historic data, system data) via an upload. Where an upload is required for support cases, the customer hotline employee will ask you to confirm the upload by pressing a button on your device. Only then will the upload be implemented. In order to process any queries and to meet the legal documentation duties, UI Digital will keep your customer history for 10 years following your last interaction with customer support. Specific personal data relating to the given issue are automatically deleted max. 8 weeks after the issue is resolved. Attachments are treated according to the statutory retention periods and accordingly are either retained or automatically deleted within 8 weeks of the issue being resolved.
UI Digital only provides support for the current software version.
For more information on how personal data is handled, please refer to our privacy statement.
§ 5 Transmission/transfer
If you make your device on which the software is installed available to a third party temporarily free of charge, you remain responsible for compliance with the provisions of this agreement. Any other transfer of user rights requires our explicit consent. In addition, transferability may also be prevented by the provider who provides the software, through technical (and/or legal) barriers.
§ 8 Governing law, jurisdiction
The substantive law of the Federal Republic of Germany shall apply, to the exclusion of UNCISG and the conflict of law provisions. To the extent that you are not a consumer or do not have a proper jurisdiction in Germany, the jurisdiction for all disputes arising as a result of or in connection with this agreement, shall be the headquarters of UI Digital, i.e. Hamburg, Germany.
§ 9 Miscellaneous
If individual provisions or parts of the contract become invalid, the remaining provisions and parts of the contract shall remain in force.
§ 10 Copyright notices
UI Digital is entitled to all right of use and exploitation to the Run this place app. Please also take note of the copyright entries and notices in the Run this place app and on our website.
Apple is a trademark of Apple Inc., registered in the U.S. and other countries. A list of Apple’s Trademarks could be found here.
Google is a trademark of Google Inc., registered in the U.S. and other countries. A list of Google’s Trademarks could be found here.