Revalu is a platform (the “Platform”) that enables architects to search for building material, centralize project material information and obtain environmental assessments and analytics via its services (the “Service”). At the same time, it enables building material suppliers, sustainability consultants, contractors and other construction professionals to understand product performance data easily and discover, evaluate, compare and specify building projects. The Platform and integrated tools allow for comparison, analysis, benchmarking, material selection and reporting in the early design stages for construction projects of any scale.
2. GENERAL TERMS & CONDITIONS REVALU SERVICES
These terms of service (the “Terms of Service”) are a legally binding agreement between Revalu Impact AG (“Revalu”, “we”, “our” or “us”), a company registered in the Germany, with registration number HRB 242222 B and having its registered office Papendamm 20, 20146 Hamburg, Germany and the person agreeing to the terms herein (“you”, the “Customer” or the “User”).
The Terms of Service will be effective as of the date you click the sign up-button as part of the registration process, or have an active account created and issued to you by Revalu.
Please read the Terms of Service and print them out and keep the Terms of Service for your records.
3. SERVICES; SOFTWARE and STORAGE SPACE
Revalu grants the Customer the use of the most current version of the Platform for the agreed number of authorized users via the internet through a browser.
Revalu warrants the functionality and availability of the Services for the duration of the contractual relationship and shall maintain it in a condition suitable for use in accordance with the contract. The functional scope of the Platform covers the search, compare of materials, access to material information as well as maintain material information of projects and building elements.
The usability and the functionality of the service, as well as the monitoring designed to prevent unauthorized use, require that the devices used by the Client accept cookies as placed by Revalu’s Platform, and that such cookies may not be modified during a session. The User shall secure compliance with such requirements (in particular by respective settings in the browser).
Revalu may update and further develop the Services at any time and adapt it in particular due to a changed legal situation, technical developments or to improve IT security. In doing so, we shall give due consideration to the legitimate interests of the Customer and inform the Customer in good time of any necessary updates. In the event of a significant impairment of the Customer's legitimate interests, the Customer shall have a special right of termination.
Revalu does not owe any customization to your individual needs or IT environment, unless the parties have agreed otherwise.
Revalu will regularly perform maintenance on the software of the Services and if possible inform you thereof in a timely manner. Maintenance will regularly be performed daily between 8.00 a.m. (CET) and 10.00 a.m. (CET), unless due to compelling reasons, maintenance must be performed at a different time. Revalu shall provide the User with storage space on its servers up to a reasonable extent for the storage of data and for purposes of using the Service.
Revalu shall ensure the retrievability of the data within the scope of the use of the Platform. Revalu will take state-of-the-art measures to protect the data backups. However, Revalu shall have no custodial or safekeeping obligations with respect to the data. The Customer is responsible for sufficient backup of the data. The Customer remains the owner of the data stored on Revalu's servers and may demand its return at any time.
4. SCOPE OF USE AND RIGHTS
The software of the Platform is not physically transferred to the User. The User shall receive simple, i.e. non-sublicensable and non-transferable rights to use the Services by means of access via a browser in accordance with the following provisions for the most current version of the Platform's software for the number of users specified in the contract.
Any third-party rights to protected works shall remain unaffected. Trademarks, company logos, other marks or protective notes, notices of authorship, serial numbers or other identifying features may not be removed or modified in electronic formats or printouts.
You may only use the Services within the scope of your own business activities by your own personnel. The User is not permitted to use the Services for any other purpose.
5. user account
You may use elements of the Platform by simply visiting it (for a limited timeframe) or registering on the Platform. The User will not be obliged to buy any of the goods offered by us only due to a registration. For information on the processing of data, please read our data protection information, which can be found here.
In order to create a user account: • the User is required to register by completing the registration form; • the User must provide accurate information in the registration form, namely a full legal name, a valid email address, company details, and phone number (optional) in order to complete the registration form and and you must keep this information up to date
The decision to accept a registration is at our sole discretion and we may revoke a registration at any time. You are solely responsible for the activity that occurs on your user account, and you must keep your user account password secure. We encourage you to use “strong” passwords with your user account.
You may not register to use the Platform if (i) you already registered or (ii) you were previously a registered user and we terminated your account as a result of your being in breach of our Terms of Service.
If we reasonably believe that your Revalu account is being used in a fraudulent or unauthorized manner by a third party (e.g. as a result of an account breach), Revalu may suspend your account until you can recover ownership of the account.
Depending on the nature of the breach, we may be forced to block access to content or data uploaded, stored or shared by you. If you have problems accessing your Revalu account, you can contact us for support using the contact details provided on the Revalu website.
6. closing of user account
You may at any time and for any reason close your Revalu account. You can close your Revalu account by sending a request to Revalu using the contact details as listed on Revalu’s website. When you ask us to close your Revalu account, we will suspend the account for 60 days in case you change your mind. After the 60-day period, your Revalu account will be closed. If you re-register within this 60-day period, your Revalu account will be reactivated.
At the time your Services are terminated or your Revalu account is closed (either by you or by us), the following will happen: First, your right to use the Services and your license to use our Platform including any software associated with the Services will terminate immediately. Second, we will delete or otherwise dissociate from you and your Revalu account any content or data uploaded, stored or shared by you and your Revalu account (unless we have a legal obligation to retain it). As a result, you will no longer be able to access the Services (or the content you have stored on the Platform) for which you require a Revalu account. Make sure you have a regular backup plan. Thirdly, parties may lose access to information you have obtained or to the content or data uploaded, stored or shared by them.
If there is anything important to report with respect to the Service that you are using, we will send you such communications and information that we are required by law to provide to you through the email address associated with your Revalu account. Depending on the nature of the breach, we may be forced to block access to content or data uploaded, stored or shared by you. If you have problems accessing your Revalu account, you can contact us for support using the contact details provided on the Revalu website.
Our Services allow you to store or share your data. We do not claim any ownership rights with respect to this data. Those data remain your property and you are responsible for.
You represent and warrant that for the duration of these Terms, you have (and will have) all necessary rights to the content or data uploaded, stored or shared by you on or through the Services, and that their collection, use and retention through the Services does not violate any rights of others. In the event of a breach the User indemnifies Revalu against all and any claims by third parties.
Although Revalu regularly makes backups, it does not guarantee that this is always the latest version of the Platform and/or the most recent data and/or other content. We therefore strongly advise you to make regular backups of your own data. Revalu is not responsible for the content or Data or the material that others upload, store or share through our Services.
To the extent necessary to provide the Services to you and others (which may include changing the size, form or format of data to better store or display it to you), to protect you and the Services and to improve, provide or extend Revalu's products and services, you grant Revalu the right to anonymously copy, store, transmit, rearrange, distribute through communication media and display on or through the Services any Content or Data that you have uploaded, stored or shared. Anonymized Data can in no way be traced back to the owner or the object in question.
You guarantee that the content or data uploaded, stored or shared by you is correct and complete. Depending on the nature of the breach, we may be forced to block access to content or data uploaded, stored or shared by you. If you have problems accessing your Revalu account, you can contact us for support using the contact details provided on the Revalu website.
Revalu sets up a support service for you for inquiries about functions of the software. Requests can be made via the support hotline indicated on Revalu’s website at the times indicated there or by e-mail. Depending on the nature of the breach, we may be forced to block access to content or data uploaded, stored or shared by you. If you have problems accessing your Revalu account, you can contact us for support using the contact details provided on the Revalu website.
9. AVAILABILITY OF sERVICES
The Services or any materials or products offered through the Services may from time to time be unavailable, may be offered on a limited basis or may vary depending on your region or equipment.Depending on the nature of the breach, we may be forced to block access to content or data uploaded, stored or shared by you. If you have problems accessing your Revalu account, you can contact us for support using the contact details provided on the Revalu website.
Revalu strives to ensure that the Services are always accessible. However, from time to time all online Services are subject to disruptions and interruptions due to, for example, force majeure or planned or unplanned maintenance. In the event of failure or disruption of the Service, you may not be able to access the content or data uploaded, stored or shared. In any case, we recommend that you make a regular backup of the content or data you uploaded, stored or shared.
10. UPDATES TO THE SERVICES OR CHANGES TO THESE TERMS AND CONDITIONS
The Platform may be used only in accordance with these Terms of Service as well as any other operating rules, regulations and policies that may be published from time to time in the Platform.Depending on the nature of the breach, we may be forced to block access to content or data uploaded, stored or shared by you. If you have problems accessing your Revalu account, you can contact us for support using the contact details provided on the Revalu website.
We reserve the right, at our sole discretion, to amend or replace these Terms of Service by posting the updated terms on the Platform. If you use the Services after the changes have become effective, this means that you fully agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close your Revalu account. We will also expressly draw your attention to this fact at the time we notify you of the intended amendment to these Terms and Conditions.
11. appropriate use
You may only use our Platform in accordance with our Terms of Service and subject to all laws and regulations of Germany. You agree that you shall not:
1. Use the Platform for any illegal or unauthorized purpose; 2. Share your login information (username and password) with anyone else;
3. Share a single login with multiple people;
4. Use the Platform for any commercial activity or purpose or any activity that is competitive with that of the Platform, unless you have our written permission;
5. Access, monitor or copy any content or information of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
6. Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure;
7. Upload, post, host or transmit unsolicited email, SMS messages or “spam” messages;
8. Transmit any worms or viruses or any code of a destructive nature;
9. "frame", "mirror" or otherwise incorporate any part of the Platform into any other website or application without our prior written authorization; or
10. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform.
11. Do not use the Services to display or share inappropriate Content or other material (such as exposure, bestiality, pornography, extreme violence or criminal activity).
12. Abstain from any activity that is false or misleading (e.g., soliciting money under false pretenses, impersonating another, or manipulating Services to falsify statistics, or influencing rankings, ratings or comments).
13. Do not intentionally attempt to influence any restrictions on access to or availability of the Services.
14. Abstain from any activity that damages you, the Services or others (for example, sending viruses, harassing others, posting terrorist content, making hate speech, or inciting violence against others).
15. Do not violate the rights of others (e.g., unauthorized sharing of Data that does not belong to you).
16. Refrain from activities that violate the privacy of others.
17. Do not assist others in violating these rules.
18. The Customer shall protect the access data transmitted to it against access by third parties and keep it safe in accordance with the state of the art. The Customer shall ensure that use only occurs to the contractually agreed extent. Revalu shall be notified immediately of any unauthorized access.
We also reserve the right at any time to delete or remove any Content or Data uploaded, stored or shared by you from the Services if we are advised that it may violate applicable law or these Terms. While investigating Revalu reserves the right to review content or Data uploaded, stored or shared by you in order to resolve the matter.
With regard to the granting of the use of the Service as well as the provision of storage space, the warranty provisions of the tenancy law (§§ 535 ff. BGB) shall apply.
The warranty for only insignificant reductions in the suitability of the Service is excluded. The strict liability according to § 536a Abs. 1 BGB for defects that already existed at the time of the conclusion of the contract is excluded.
Revalu shall also be liable for services obtained from subcontractors, but only within the warranty period given by the subcontractors and only in the way that the warranty claims against the subcontractors are assigned to Revalu upon request.
Revalu and third party supplier of data are not liable for the success of the Services, particularly not for the economic success. Revalu is liable exclusively for diligently performing the Services ordered. Revalu is required to apply the diligence of a prudent businessman in performing the duties assigned to it. The responsibility of Revalu extends only to the network access point between Revalu’s Platform and the Internet, but not to the User's systems and data transmission lines beyond that point.
Recommendations made by employees or representatives of Revalu regarding the use of Services are non-binding and offered as described in the appropriate guideline only. The User carries the risk as to whether the delivered Service in a given case is suitable for its purpose. Thus, no warranty is made as to the applicability in a given case.
Additionally, reasonable wear and tear of the Services or usual variations in the extent and/or quality of the Services shall not constitute a defect or non-compliance with the contract.
The User bears the burden of proof for the existence of a defect. Revalu is therefore only liable for defects which can be proven by the User. The User has to report defects in a comprehensible manner promptly in writing to Revalu, stating the information that enables the defects to be recognised. The User is required to help Revalu insofar as necessary to eliminate the defects.
If no notification of defects (Mängelrüge) is made within a reasonable period of time, all warranty claims, claims for damages due to the defect itself as well as due to an error regarding the absence of defects in the item shall lapse.
In the event that defects are remedied Revalu is obliged to bear all expenses required for the purpose of remedying the defects provided that these are not increased due to the fact that the Services have been taken to a place other than the place of delivery or performance. Expenses are, in any case, limited to the amount of the selling price or remuneration. The return transport of Service complained about is permitted only with written consent (including e-mail) of Revalu. The User must advance the freight costs. Revalu shall refund the transport costs only if the notice of defects proves to be justified.
Revalu can invoice to the User the expenses for defects, which prove to be not justified. The foregoing sentence does not apply to non-defects, of which the lacking defect could not be detected by the User.
Revalu reserves the right to perform the warranty work at the User’s premises.
Revalu reserves the right to perform any warranty activities only if the User has paid all due amounts. Without limiting the foregoing, the User has the right to withhold such an amount which is reasonable and appropriate for the defect of the Service.
Should one attempt by Revalu to rectify the defects fail, the User is entitled to assert his right to cancel the contract, to reduce the remuneration or entitled to claim damages.
Warranty is void if, without the written consent of Revalu, any attempt to repair the Services by the User or an unauthorized third party has been made. Invoices for such repairs shall not be accepted.
Revalu shall repair any defects of the Services within a reasonable period of time. In that respect, the responsibility of Revalu extends only to the network access point between Revalu’s Platform and the Internet, but not to the User's systems and data transmission lines beyond that point.
13. limitation of liability
Revalu shall not be liable for the completeness, accuracy, scope and quality of any Content or Data, material or materials of third parties uploaded, stored or shared by or on behalf of you, including links to third party websites and activities offered by users. Such content and activities cannot be attributed to Revalu and do not represent Revalu's views.
Nothing in these Terms of Service shall limit or exclude Revalu's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation. - damages caused by defective products and/or services under the Product Liability Act (Produkthaftungsgesetz) for which Revalu maintains appropriate product liability insurance, details of which shall be provided to the client following request
Subject to warranties expressly given herein Revalu shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: loss of profit; loss of goodwill; loss of business; loss of business opportunity; loss of anticipated saving; loss or corruption of data or information; special, indirect or consequential damage or other loss arising under or in connection with the Service.
Without prejudice to warranties expressly given herein, Revalu's total liability to the Client in respect of all other losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by the User for the Services.
The parties shall comply with the applicable data protection provisions applicable to them in each case.
Revalu undertakes to maintain confidentiality about all confidential information (including business secrets) that it learns in connection with this Agreement and its performance and not to disclose, pass on or otherwise use such information to third parties. Confidential information is information which is marked as confidential or the confidentiality of which is evident from the circumstances, irrespective of whether it has been communicated in written, electronic, embodied or oral form. The confidentiality obligation does not apply if Revalu is obligated to disclose the confidential information by law or by virtue of a final or legally binding decision of an authority or court. Revalu undertakes to agree with all employees and subcontractors on a provision similar in content to the preceding paragraph.
15. SEVERABILITY, CHOICE OF LAW AND FORUM FOR DISPUTE RESOLUTION
Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Venue of performance is Berlin, Germany. The courts of Berlin shall have exclusive jurisdiction for dispute, in connection with this contract.