By registering with the platform https://www.rooom.com, the user agrees to the general terms and conditions of business and use. These terms and conditions govern the user relationship between rooom AG, Löbstedterstraße 47a 07749 Jena (hereinafter referred to as „rooom“) and the users of rooom (hereinafter referred to as the User).
Services from rooom
rooom provides the online rooom platform, which allows users to create 3D models, augmented reality and virtual rooms via a comprehensive do-it-yourself platform. The user can choose between a free account and accounts with costs.
The contractual performance of rooom consists of the successful granting of free or paid use of the platform and the rooom software including its additional offers.
The offer of rooom is directed exclusively to persons of eighteen and older.
Registration Free-Account
To use the free functions of rooom, the user can register for the free version. The registration requires a valid e-mail address of the user. Upon registration the user chooses a password. The user then receives a personal user account.
Registration chargable accounts
For the registration of a chargable account, rooom will send the user an automatic confirmation by e-mail after receipt of the registration. This e-mail contains the user name and a password. The password must be kept confidential. With this user information, the user can log on to the rooom platform.
The User is not entitled to make his user account available to third parties or unauthorized persons for the use of rooom services.
The user assures that the information provided by him/her in the registration process is true, complete and up-to-date.
The data will be treated confidentially by rooom and will only be used for the execution and handling of the contract of use.
Conclusion of a contract for the use of a rooom version subject to charge
Upon completion of registration, the user may enter into a corresponding agreement with rooom in order to use the paid/chargable services offered by rooom. The presentation and/or advertising of the services offered by rooom on the rooom website merely constitutes a non-binding invitation to submit an offer, but not a binding offer on the part of rooom to conclude a contract.
The contract with costs is concluded after a rooom employee has contacted you. For this purpose, rooom will send the user a contract form (offer) via e-mail. By returning the signed contract form to rooom, the contract is concluded.
Services from rooom
In detail, the services provided by rooom are based on the technical functions available in the current version of the software, the software description of rooom and the selection of the customer tariff by the user. The current scope of functions of the rooom software is shown in the current service description on the rooom website at www.rooom.com .
Im Einzelnen ergeben sich die Leistungen von rooom aus den jeweils in der aktuellen Version der Software verfügbaren technischen Funktionen sowie der Software-Beschreibung von rooom und der Auswahl des Kundentarifs durch den Nutzer. Der jeweils aktuelle Funktionsumfang der rooom-Software ergibt sich aus der aktuellen Leistungsbeschreibung auf der Webseite von rooom unter www.rooom.com.
The user has the choice between
- the free of charge free version,
- of the paid Basic version,
- of the paid Premium version,
- of the paid Enterprise version
the rooom software.
rooom offers the user additional services during the application. These can be ordered by the user for a fee.
rooom provides the user with the necessary storage space for the data generated by the user of the software and/or the data required for the use of the software. rooom does not have any custody or care obligations with regard to this customer data, unless agreed upon between the parties under other contracts.
rooom only provides the respective infrastructure. These can be accessed via the Internet. A functioning Internet connection and suitable hardware is required to use the service. The customer is responsible for this.
Availability – Fault management
rooom advises the user that restrictions or impairments of the services provided may occur which are beyond rooom’s control. This includes, in particular, actions of third parties not acting on behalf of rooom, technical conditions of the Internet that cannot be influenced by rooom as well as force majeure. The hardware, software and technical infrastructure used by the user may also have an influence on the services provided by rooom. If such circumstances affect the availability or functionality of the services provided by rooom, this does not affect the contractual conformity of the services provided.
rooom provides the contractual services with a total availability of 98.5%. Availability is calculated on the basis of the time allotted to the respective calendar month in the contractual period minus the time required for the installation of updates, new releases and/or other modifications and maintenance work.
The contents of the storage space provided for the user are backed up by rooom on a daily basis. The data backup is carried out on a rolling basis in such a way that the data backed up for one weekday is overwritten when the data backup is carried out for the following same weekday. The data backup is performed for the entire server content. The user therefore has no claim to the surrender of one of the backup media, but only to the retransfer of the backed-up contents to the server.
Rights of use of the rooom software
rooom grants the user the non-exclusive and non-transferable right to use the rooom software as intended by the User during the term of the user relationship.
The user is not entitled to make the rooom services available for use by third parties, either for a fee or free of charge.
Obligations and duties of the user
The user is responsible for the data and content he or she has uploaded.
The user undertakes not to place any illegal content that violates laws, official regulations or the rights of third parties on the storage space provided by rooom. The user shall ensure that programs, scripts or other data installed by him/her do not endanger the operation of the server or the security and integrity of other data stored on the Provider’s servers. The user indemnifies rooom from any claims by third parties including the costs caused by such claims.
The user must ensure that his technical requirements are sufficient to use the rooom software. An outdated browser, an older terminal device or a slow Internet connection may mean that the service cannot be used or only partially used.
The user commits himself not to interfere in any way with the system of rooom. Electronic attacks on rooom (including all hardware and software used to operate the platform) or on individual users are prohibited.
In particular, the following interventions are not permitted:
- Hacking attempts (circumvention and/or overriding of security measures);
- Denial of service attempts, i.e. attempts with a large number of generated requests to the rooom servers to prevent, slow down or make them inaccessible during the execution of the activity;
- Check, scan or test the weak points in the system;
- Use and/or procurement and manipulation of parts of the offered services for which no invitation was received via link;
- Unsolicited sending of advertising or spam;
- Bypass storage space limitations depending on account type.
If a user violates these rules of conduct and rooom becomes aware of it, rooom reserves the right to block the affected content and/or the account of this user. The user will be notified of the violation by e-mail and will remedy the violation within one week. In case of violation rooom is entitled to delete the content or the account of the user.
For the duration of the contractual relationship, the user grants rooom a simple, non-transferable right of use to the content stored by the user on the rooom server, provided that such content is protected by copyright or data protection laws. Rooom will only make use of this right of use within the scope of the proper execution of the contract.
Prices and terms of payment
rooom offers the user a free 14-day trial period of the basic or premium version. As far as no contract for a fee-based use is concluded, the user’s account will be continued as a free account.
The prices to be paid by the user are based on the scope of services specified in the user’s order. The prices are in EURO plus VAT.
If the user chooses an additional service during the billing period (additional individual option, special service), this will be charged immediately.
The user has the possibility to upgrade his rooom version during a billing period (“upgrade”). If an upgrade is selected, the fees already paid will be charged proportionately. The user cannot change to a lower rooom tariff during a billing period.
The user can use the means of payment specified in the order.
The fees to be paid by the user are due for payment immediately, unless rooom expressly states otherwise. Rooom always invoices the services in advance according to the billing period chosen by the user.
Contract period and termination
The contract of use of the free version is concluded for an indefinite period of time. The user can delete his user profile of the free version at any time. rooom advises the user that after successful deletion, all content and data stored by the user on the rooom server will be irretrievably deleted.
The contract term of the versions subject to a charge is 24 months, unless the parties have agreed otherwise.
The extension of the contract is subject to a separate agreement. The termination can be declared in text form. For the extension periods, the remuneration is calculated in advance and invoiced to the user.
Notice of termination should be sent to:
[email protected]
or in writing to:
rooom AG
Löbstedterstr. 47a
07749 Jena
If the use of a chargeable account ends by an ordinary termination, the user’s account will automatically be set to the state of the free version. The data and content generated within the scope of the chargeable account will be retained by the user and can be used again if a chargeable account is closed again.
The right to terminate the agreement without notice for good cause (extraordinary termination) remains unaffected. rooom may terminate the agreement, but not conclusively, if the user is in default of payment for 60 days or if he violates the user obligations in § 8 of these TOC. If the use of the rooom website ends due to an extraordinary termination by rooom, the entire user profile will be deleted. In the event of extraordinary termination, rooom will inform the user that the account will be deleted within a reasonable period of time.
Liability and warranty
rooom guarantees the functionality and operational readiness of its services according to the terms of this contract.
In the event that rooom’s services are used by unauthorized third parties using the user’s access data, the user is liable for any resulting fees within the scope of civil law liability until receipt of the users order to change the access data or report the loss or theft, provided that the Customer is at fault for the access of the unauthorized third party.
rooom ist zur sofortigen Sperre des Speicherplatzes berechtigt, wenn der begründete Verdacht besteht, dass die gespeicherten Daten rechtswidrig sind und/oder Rechte Dritter verletzen. Ein begründeter Verdacht für eine Rechtswidrigkeit und/oder eine Rechtsverletzung liegt insbesondere dann vor, wenn Gerichte, Behörden und/oder sonstige Dritte rooom davon in Kenntnis setzen. rooom hat den Kunden von der Sperre und dem Grund hierfür unverzüglich zu verständigen. Die Sperre ist aufzuheben, sobald der Verdacht entkräftet ist.
rooom is entitled to block the storage space immediately if there is a reasonable suspicion that the stored data is illegal and/or violates the rights of third parties. A justified suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties notify rooom of such a situation. rooom must immediately notify the user of the block and the reason for it. The block is to be lifted as soon as the suspicion is invalidated.
rooom is liable without limitation for damages caused intentionally or negligently by rooom, its legal representatives or its vicarious agents arising from injury to life, body or health.
Liability for slightly negligent breaches of duty is excluded, provided that no essential contractual obligations (cardinal obligations), damages from injury to life, body or health or guarantees are concerned or claims under the Product Liability Act are affected. The aforementioned limitation of liability also applies in favour of the legal representatives and vicarious agents of rooom if claims are made directly against them.
Any liability of rooom, regardless of fault, in the area of tenancy law and similar usage relationships for errors already existing at the time of conclusion of the contract is excluded. This limitation of liability refers only to defects of the rental property that are not caused intentionally or by gross negligence.
rooom does not assume any liability for the storage of the content on the rooom server. If a user account is either deleted by the user himself or deleted, changed or blocked by rooom due to a violation of these ToC, there is no claim to the release of the content and data stored with the user account.
Data protection
The parties will comply with the respective applicable data protection regulations, in particular those valid in Germany. rooom will oblige the employees employed in connection with the contract and its execution to maintain data secrecy, unless they are already generally obliged to do so.
If the rooom processes personal data on behalf of the user, the parties will conclude a separate agreement.
Additional regulations
These terms and conditions of use shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
rooom reserves the right to amend these terms of use at any time with effect for the future, if there is an objective reason for doing so. This is particularly the case if rooom expands or changes its range of services or if the legal situation changes. rooom will notify the user of any such changes in good time and allow the user a reasonable period of time to object to such changes. If the user does not object within this period of time, this shall be deemed to be consent. In the notification of the planned change, rooom will make special reference to the significance of the cancellation period.
The contractual language is German.
If translations of these General Terms and Conditions of Business and Use are made, only the German version shall be legally binding.
Supplementary general terms and conditions for individual services, special services, agency services of rooom
Scope of services
The parties shall enter into a separate agreement on the type, scope and time of performance. This agreement is based on the preliminary discussions of the contractual partners and the documents produced in these discussions. On this basis, the services are continuously developed within the framework of project management.
If the customer wishes a subsequent change to a service description, he will inform rooom of the changed ideas as early as possible in concrete form in writing. rooom will examine the change with regard to technical feasibility and with regard to additional financial and time expenditure. If it turns out that the additional expenditure can be easily quantified, the customer will be informed of this. Insofar as, in the opinion rooom, a detailed examination, which is to be remunerated according to expenditure, is necessary for the time being, the provider shall inform the customer of this. Changes will result in a corresponding postponement of appointments by the duration of the coordination. Until an agreement has been reached, the originally agreed service content remains otherwise.
rooom is entitled to change or deviate from the provision of services, if the change or deviation is reasonable for the customer taking into account the interests of rooom.
Third party / subcontractor
rooom is authorized to procure external services, especially in the area of conception/content creation from third parties.
Reservation of ownership, rights of use
rooom reserves the right of ownership of its services until full payment has been received.
The granting of rights of use by rooom is subject to the condition precedent that the services have been paid in full by the customer. Until full payment has been received, the use is only revocably permitted within the scope of the actions to be performed by the customer (e.g. function tests). The revocable permission ends automatically if the customer is in arrears with the payment of a part of the remuneration, unless the payment arrears are insignificant.
Subject to deviating regulations, the customer receives a simple, spatially and temporally unlimited, non-transferable right to use rooom’s services for the contractually intended purposes.
Duties of the customer
The customer designates binding contact persons and deputies, who are responsible for communication with rooom.
The customer shall provide necessary information, data, materials and documents (hereinafter referred to as “material”) in a timely manner. The customer will only provide such material that has the formats required by rooom and is secure with respect to data carriers and data content (this includes, among other things, checking for viruses or other technical problems).
The customer reacts to rooom’s requests without being asked to do so within a reasonable scope during the provision of services, in particular by immediately communicating releases and responding to requests.
The customer assures and is responsible for ensuring that the material provided by him/her does not violate legal regulations (e.g. data protection) and is free of rights of third parties (in particular personal rights of third parties, copyrights, trademark rights, trade secrets) which could restrict its use.
If the customer is obligated to provide rooom with materials within the framework of the execution of the contract, the customer must immediately make these available to rooom in a usable digital format. The customer ensures and guarantees that he/she holds the necessary rights to use the materials and that he/she may grant rooom the corresponding rights of use. In the event that rooom is held liable by third parties, regardless of the legal basis, for an infringement of intellectual property rights resulting from materials provided by the Customer, the Customer shall indemnify rooom from all claims.
The acts of cooperation are to be performed by the customer at his expense.
If the customer is in default in the fulfilment of these cooperative actions and/or does not fulfil them properly, rooom can demand appropriate compensation. Further rights of rooom remain unaffected.
Performance dates and acceptance
Deadlines for the provision of services are only binding if expressly agreed at least in text form. In the absence of an express agreement, these are merely target dates which are developed further within the framework of the project. The parties shall inform each other immediately in the event of deviations in the schedule.
Breaches of duty and disruptions in performance for which the customer is responsible (including failure to provide cooperation services on time) or due to force majeure (including general disruptions in communication, strikes, orders from authorities, lockouts) entitle rooom to postpone the services for the duration of the hindrance plus a reasonable start-up time.
Expressly agreed dates for the provision of services are only promised by rooom in writing or in text form (e-mail).
Deadlines, the non-observance of which causes a contracting party to be in default without reminder in accordance with § 286 Para. 2 BGB, are always binding deadlines and must therefore be set in writing or in text form and designated as binding.
In the case of services under a contract for work and services, the parties to the contract regulate the prerequisites and the procedure for acceptance in a respective individual contract. rooom is also entitled to hand over testable partial services. An overall acceptance only takes place if no partial acceptance by the customer has taken place.
In case of contractual services and these services or partial services of rooom correspond to the agreed requirements or there are only insignificant deviations, the customer declares acceptance without delay. The declaration of acceptance is made in text form.
If the customer does not declare acceptance within a period of one month after delivery of the services in the case of services under a contract for work and services and has not notified rooom of any significant defects during this period, the services or partial services shall be deemed accepted. The service or partial service is also deemed accepted by conclusive behaviour on the part of the Customer, including, but not limited to, unconditional payment, productive use of the service, as well as the call for further services based on the accepted service.
Warranty and liability
Any warranty claims of the customer shall become statute-barred one year after handover of the service or acceptance, insofar as this is provided by law.
In case of doubt, technical data in the offer and/or individual contract are statements of condition and do not constitute a guarantee or assurance.
Rights of use
The customer grants rooom all rights of use of copyrights, ancillary copyrights and other property rights (including trademark rights) required for the contractual use, in particular the right to reproduce, distribute, make publicly available and edit, in terms of time, place and content, to the extent necessary for the execution of the contract. The granting of rights also includes the right to transfer the aforementioned rights of use to third parties commissioned to perform the contract or to grant sublicenses. The rights of use to be granted to rooom are simple rights of use. rooom is entitled to change the content of the client in consultation with the client.
All copyrights, ancillary copyrights and other rights to analyses, concepts and content created and, if applicable, implemented by rooom and/or third parties on behalf of rooom remain with rooom. rooom does, however, grant the customer the exclusive and irrevocable right to use the analyses, concepts and content as well as the results of the work, without limitation in time and place, to the extent necessary for marketing purposes. This also applies beyond the end of the contract. For its own content, rooom obtains the approval of the customer before publication.
