Preamble:
Lordland.ai provides a digital platform through www.lordland.ai, enabling property owners to efficiently manage their properties themselves. It serves to mediate and organize services related to property ownership, rental, and leasing, allowing users to add their content, access third-party content, and communicate with third parties. Additionally, users can access tools for creating specific documents, such as lease agreements and utilities billing statements.
Validity and Applicability:
- These General Terms and Conditions ("GTC") apply to all contracts concluded through our online portal between lordland.ai and you as our user ("User"). The GTC apply regardless of whether you are a consumer, entrepreneur, or merchant.
- The GTC, as valid at the time of contract conclusion, exclusively govern the business relationship between lordland.ai and the User. Different conditions set by the User are not recognized unless lordland.ai expressly agrees to them in writing.
- The current GTC can be accessed, printed, or downloaded at any time, even after the conclusion of the contract.
Definitions:
- The term "User" includes both "landlords" and "tenants," regardless of whether they act as consumers or within their business activities.
- "Landlords" are users who, as owners, landlords, property managers, or brokers, wish to rent out a property or are already doing so, or use it for living purposes, and operate on the lordland.ai portal.
- "Tenants" are users who wish to rent a property or are already renting, operate on the platform, and may act as contractual parties for the landlord under the law XXXX.
- A user is considered a consumer if the purpose of using the services on the lordland.ai portal is not predominantly associated with his commercial or independent professional activities. Conversely, an entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or independent professional activities when concluding a contract.
Offered Services:
- The platform offers the following categories of services and products:
- "Freemium" offer. lordland.ai reserves the right to change services and features within the "Freemium" offer.
- Paid subscription with varying content. Descriptions of subscribed services are displayed to the user at the time of subscription. Subscription also includes "Freemium" features. Individual services that can be purchased in addition to the subscription, from areas like "Rental" and "Legal".
Registration:
- Registration as a user is free.
- Registration process for landlords:
- To become a user, a landlord must register on one of the lordland.ai web pages, providing required information during registration, including a password and valid email address ("registration data"); Finally, select the "Register" button. By doing so, the landlord assures that he is at least 18 years old and fully legally competent. Registration of a legal entity can only be performed by a person with representation rights, who must be named. Further, the landlord assures that the information provided is truthful, accurate, and complete.
- Registration process for tenants:
- As a tenant, it is not possible to create an account independently. The tenant is invited to the lordland.ai portal by the landlord. This method creates an account for the tenant.
- An email will be sent to the tenant's email address provided by the landlord. This email contains an activation link. Through this link, the tenant must activate his account on lordland.ai. Additionally, the tenant assures that he is at least 18 years old and fully legally competent. Registration of a legal entity can only be performed by a person with representation rights, who must be named. Further, the tenant assures that the provided information is truthful, accurate, and complete.
Conclusion of Contract:
- The contract between lordland.ai and the user for providing services is concluded as follows:
- The future user registers via the provided web form. Clicking the "Register" button by the user is considered an offer to conclude a contract for use. Immediately after completing the registration, lordland.ai sends a confirmation email to the user's email address. The contract for use comes into effect upon delivery of the confirmation email to the user or his legal representative, but no later than when the service is provided by lordland.ai.
- In the case of reservation through the messaging system, the offer is made by lordland.ai in the messaging window, and the user accepts it by clicking the "Accept Offer" button or by entering a written confirmation. The contract is considered concluded at that moment. Subsequently, lordland.ai sends an email to the user's email address containing information about the contract, including instructions on withdrawing from the contract and the attached GTC in text form.
- In providing its services, lordland.ai relies on third-party services. In such cases, the contract between the user and the third party arises from the offer of the third party and its acceptance by the user. The user has the right to revoke his acceptance up to 24 hours before the agreed time with the third party by notifying lordland.ai.
- When reserving additional services, a new contract is concluded, the subject of which is the reserved service, the service provider acts as the contracting party, and the validity of these GTC forms part of the contract.
Withdrawal / Cancellation:
- If you use the services of lordland.ai as a consumer under the law/paragraph, you have the right to withdraw from this contract without giving any reason within fourteen days according to the law/paragraph. The right of withdrawal does not apply once you use the services of lordland.ai as an entrepreneur or for other commercial purposes according to the law/paragraph.
- The withdrawal period lasts fourteen days from the date of contract conclusion.
- To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract through a clear statement (e.g., a letter sent by post or email). You may use the attached sample withdrawal form, but it is not mandatory.
- To maintain the withdrawal period, it is sufficient if you send the notice of exercising the right of withdrawal before the withdrawal period has expired.
- If you withdraw from this contract, we must immediately return all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a different delivery method than the cheapest standard delivery method we offered), no later than fourteen days from the date we received the notice of your withdrawal from this contract. We will use the same means of payment that you used in the original transaction unless you have explicitly agreed otherwise; in no event will you be charged any fees for this refund.
- If you requested that services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of services already provided at the time you inform us of exercising your right to withdraw from this contract compared to the total scope of services specified in the contract.
Rights and Obligations:
- Rights to uploaded content:
- Contents entered into the database are third-party contents within the meaning of § 8 paragraph 1 of the Telemedia Act (TMG). Legal responsibility for these contents lies with the person who introduced the contents into the database.
- When you upload content to the platform, you grant lordland.ai and companies associated with lordland.ai a simple and transferable right to reproduce, distribute, exhibit, make publicly available, store, and translate the content. This right is granted for as long as the content is accessible to other users.
- lordland.ai is the holder of the rights to the contents of the websites and the database. All copyrights, trademarks, and other rights to the database work, the database, and the contents published on the platform lordland.ai, as well as to other elements, belong exclusively to lordland.ai; any rights of the user to the contents published by the user remain unaffected.
- Only such contents and statements to which the user has the necessary rights (especially copyright and related rights) may be uploaded or transmitted. Publishing and distributing pirated copies is prohibited.
- lordland.ai has the right to use the contents via or in the form of online advertising banners on lordland.ai or from partner companies as part of so-called retargeting marketing.
- Content responsibility:
- All data on racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health status, or sexual life or relationship status, or certificates from the previous landlord are expressly prohibited.
- The user is responsible for the contents he has inserted. He specifically guarantees that the contents are not illegal and do not violate the rights of third parties (e.g., copyright or trademarks). lordland.ai is not obliged to check whether the entered content violates the rights of third parties or is contrary to legal regulations. The user is obliged to correct or remove contents that do not meet the requirements for creating advertisements if they do not meet them. The user must also ensure that files he sends do not contain viruses or comparable harmful programs.
- If lordland.ai is held liable by third parties, including government agencies, as a result of a breach of third-party rights or other legal violations due to the contractual use of user contents, the user shall release lordland.ai from these claims and provide lordland.ai with the necessary support in legal defense, to which lordland.ai has the right, but is not obliged, and shall assume the necessary costs of legal defense for lordland.ai. The condition is that lordland.ai informs the user about the asserted claims and violations of rights immediately, completely, and in writing (email is sufficient), does not issue any concessions or acknowledgments or similar statements, and allows the user to conduct all judicial and extrajudicial negotiations on claims at his expense. The search for further claims remains reserved for lordland.ai.
- In the event of a breach of the rules set forth in this paragraph, lordland.ai is entitled to reject contents at any time or to immediately and without prior consultation with the user remove or deactivate them. In the event of rejection or removal or deactivation of contents, lordland.ai will immediately inform the user, stating the reasons.
- The user's obligation to pay remuneration remains unaffected by the measures taken in this point.
Privacy & Data Protection:
We process personal data as necessary for providing our services and/or operating the platform. Our additional agreement on order processing according to Art. 28 GDPR www.lordland.ai/gdpr is part of the General Terms and Conditions (GTC). By accepting the General Terms and Conditions (GTC), the user also accepts this agreement. Further information on data protection according to Article 13 GDPR can be obtained from our privacy statement www.lordland.ai/gdpr. By accepting the General Terms and Conditions (GTC), the user confirms that he has read the privacy statement.
Use of Google User Data
If you decide to sign up with your google account, our application, accesses basic profile information from your Google account, including your name and email address, to uniquely identify you and provide and improve our services.
Who is requesting Google user data? The data is requested by LoardLand.AI. We are committed to keeping your data secure and confidential.
What data are you requesting? We are requesting your basic profile information, specifically your name and email address. This data is essential for identifying you uniquely within our application.
Why are you requesting Google user data? We request this data to ensure a personalized experience, streamline the sign-in process, and to facilitate communication regarding our services. The data will not be used for any other purposes without your explicit consent.
We do not share your information with third parties, except as required by law or to protect our rights.
Limitation of Liability:
- Lordland.ai bears unlimited liability:
- For damages caused by injury to life, body, or health that resulted from intentional or negligent acts by lordland.ai or its legal representative or assistant.
- For other damages resulting from intentional or gross negligence or fraud by lordland.ai or its legal representative or assistant.
- According to the Product Liability Act and in cases where lordland.ai has assumed a warranty for the quality of the product.
- Lordland.ai does not bear liability for:
- The accuracy and completeness of the provided contents (including contents from external links) and statements.
- The accuracy and completeness of data and statements provided by users and for the identity and integrity of users.
- The accuracy and completeness of information, data, reports, images, contracts, or other contents transmitted between users.
- Lordland.ai cannot guarantee continuous and error-free availability of the services of lordland.ai or contents or the availability of services of lordland.ai or contents (e.g., sent copies of contracts) on the platform. This applies especially if access to the services of lordland.ai or contents is affected by interference outside the sphere of lordland.ai. In case of technical problems or maintenance, temporary restrictions may occur. Lordland.ai will strive to immediately remove such restrictions.
- Intent and negligence:
- Lordland.ai is liable for damages resulting from minor breaches of contractually essential obligations by lordland.ai or its assistant in connection with the paid use of the service, only up to the amount of damage that was contractually foreseeable; a contractually essential obligation is one whose fulfillment enables the proper execution of the contract and on the compliance with which the contracting party lordland.ai can regularly rely.
- Loss of data:
- Lordland.ai does not assume liability for the loss of data or information or costs for unnecessary data entry, unless the user has not performed proper data storage and the loss did not result from immediate termination by lordland.ai.
- Liability for generated contents:
- By obtaining or downloading contracts, cost statements, and similar documents and services associated with them, the user does not acquire a claim to error-free documents and services related to them, but only sample contracts or sample cost statements or proposals in this context. Since lordland.ai provides exclusively the above-mentioned examples and proposals and expressly not ready-made contracts, the error does not relate to specific use, but serves only as assistance in creating the above-mentioned contracts or similar. Lordland.ai does not assume liability towards the user for claims of third parties arising from breaches of rights in connection with contents generated via the service of lordland.ai.
- Legal contents:
- Lordland.ai provides legal contents on its websites. These are intended exclusively as legal recommendations and do not constitute legal advice. Lordland.ai does not assume responsibility for the accuracy and timeliness of the data. For legal questions, the user should seek a qualified lawyer.
- Liability for third-party services:
- Lordland.ai does not bear liability for the contents of all pages that directly or indirectly link to third-party pages (so-called links).
- Liability for mediated services:
- Lordland.ai does not bear liability for mediated services, such as mediated craftsmen.
- Other limitations of liability:
- Lordland.ai does not assume any further contractual liability beyond what is described in the preceding paragraphs of this section, regardless of the legal nature of the claims that are raised. Further liability beyond these General Terms and Conditions (GTC) is excluded. Legal representatives and assistants of lordland.ai can also invoke the exclusions of liability and limitations of liability according to these General Terms and Conditions (GTC) if claims are raised against them.
Data Deletion Requests
If you wish to request the deletion of your personal data held by us, please submit your request through the chat interface available on our website, located at the bottom right corner of the screen. Upon receiving a data deletion request, we will process and respond to your request in a manner consistent with applicable legal requirements. The time frame for processing such requests will be governed by the laws applicable in the jurisdiction in which you reside or in which we operate, as appropriate.
Prohibited Activities:
- The following activities are prohibited in connection with the use of the services of lordland.ai and the user must not perform or allow them:
- Violation of applicable law, contract, or regulation (for example, violation of provisions on consumer protection, industrial rights, competition law, protection against discrimination, youth protection laws, criminal law, or deceptive advertising);
- Violation of copyrights, patents, trademarks, trade secrets, or other protective rights, as well as violation of personality rights of lordland.ai, users, or third parties;
- Behavior that is obscene, offensive, defamatory, unlawfully threatening, or unlawfully harassing;
- Providing false, inaccurate, or misleading information;
- Use of a proxy entity to hide one's own identity;
- Disclosure of another user's data to third parties, providing data to third parties, or using such data for marketing purposes, unless expressly permitted by the user;
- Sending unsolicited emails (spam) to the user; referral emails are prohibited in any case if the sender's email address is not displayed as the sender of the email and the sender cannot demonstrate his own interest in inviting a third party to the platform;
- Allowing the entry of viruses, trojans, worms, or other programming procedures that could damage, disrupt, secretly intercept, or deactivate (operational) systems, data, or information;
- Use of a search robot, spider, or other automatic device or mechanical process to monitor or copy our platform without our prior written consent;
- Copying, imitating, forwarding to third parties, modifying, reworking, publishing, or creating derivative works from the content of the websites of lordland.ai, the application of lordland.ai, and integrations of lordland.ai without written consent from us or the respective third party.
- Damage compensation and disclaimer of liability:
- You undertake to release lordland.ai from all costs and damages (including court and legal costs) that arise or are related to your culpable breach of this contract and your use of the service or materials; if you are not responsible for the breach. At the request of lordland.ai, the user will provide the necessary support in defending the rights free of charge.
Blocking:
If you violate these General Terms and Conditions or other agreements with lordland.ai, lordland.ai has the right to temporarily or permanently block your account or the relevant contents. In making the decision, lordland.ai will consider the severity of the breach and your legitimate interests and will consider, among other things, whether the breach occurred without your fault or whether the breach was committed culpably. Temporary blocking of your account or the relevant contents until the situation is resolved is also permissible if there is reasonable suspicion of such a breach of law. Before blocking your account, lordland.ai will first notify you, if it is appropriate and possible for lordland.ai. If lordland.ai blocks your account or the relevant contents according to this section, lordland.ai bears no liability or obligation towards you and your organization regarding access to information that you have stored in your profile, or regarding the return of any amounts that you have already paid, unless you are not responsible for the breach or if the suspicion against you turns out to be unfounded.
Payment, Refund of Payments:
- Prices and services of individual services of lordland.ai are determined according to the prices and services agreed upon at the time of contract conclusion.
- Payment methods:
- All billing is performed according to the payment method that you specified at the first purchase or at the first payment. You can choose between the payment methods displayed in our service. If information regarding the payment method changes, you must update this information in your account. If your credit card issuing company (or its partner company) changes billing information and lordland.ai obtains this information, lordland.ai will use this information to bill your existing account (for example, if you lose your credit card and receive a new account number, which lordland.ai will use). If lordland.ai does not receive payment from your credit card provider, you undertake to pay the corresponding fee to lordland.ai by another method. lordland.ai may send invoices and payment reminders exclusively electronically.
- All prices are stated including VAT in the respective country and possibly other tax obligations.
- Offset:
- You have the right to offset only if your counterclaim is legally recognized, accepted, or undisputed.
- If the user is in arrears with fulfilling his payment obligations for fee-based services, lordland.ai has the right to temporarily block further – also free – services. This is done especially to prevent the user from using further fee-based services.
Duration and Termination:
- Unless expressly agreed otherwise, the contract is concluded for an indefinite period and can be terminated at any time by both parties with a two-week notice period.
- If a minimum contract duration has been agreed with the user, the contract automatically extends by the minimum duration period, but no more than one year, if it is not terminated with a two-week notice period before the expiration of the minimum duration period.
- The right to immediate termination of the contract remains unaffected. An important reason for termination of the contract by lordland.ai is especially if the user culpably performs or allows prohibited activities according to point 8, or if he culpably allows the misuse of the account.
- Notice of termination by the user must be delivered by email using the email address to which the contract relates, or by mail to the following address:
- After the end of the contract, the user may no longer use the services of lordland.ai, and the user's contents will be blocked and deleted in accordance with the privacy statement.
Changes and Modifications to GTC:
- Lordland.ai is authorized to change these General Terms and Conditions (GTC) while observing a reasonable notification period, which is at least four weeks. Lordland.ai will announce the change by stating the changed conditions and the date of their effectiveness on the platform and will inform the user about them at least in text form. The user will be pointed out the consequences associated with the exercise or non-exercise of his right to object.
- The user has the option to either agree to the changes before the proposed date of their effectiveness or reject them. Changes are considered accepted and approved if the user does not raise an objection at least in text form – an email using the contractual email address is sufficient. Lordland.ai will then proceed with the revised version of the GTC in the further business relationship.
- If the user timely objects to the changed business conditions, the request for change is considered rejected, and the contract will continue without the proposed changes. In such a case, both parties are entitled to terminate the contract completely or partially as of the date of the changes taking effect.
Final Provisions:
- If the customer is a merchant, legal entity of public law, or public special asset, the place of jurisdiction for all disputes arising from contractual relationships between the customer and lordland.ai is the seat of lordland.ai.
- The contract remains binding in its other parts even in the case of legal invalidity of individual points. Instead of invalid points, if available, legal regulations or those that are closest to the purpose of the contract apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract becomes entirely invalid.