General Terms and Conditions of Business and Use (T&Cs)

This English version is provided for convenience. The German version is legally binding.

of book-n-use gmbh

Version 1.0

§1 Scope

(1) These General Terms and Conditions of Business and Use (hereinafter “T&Cs”) apply to all current and future business relationships between book-n-use gmbh (hereinafter “book-n-use”) and its customers with regard to all products, services and digital platforms offered.

(2) The T&Cs apply in particular to the use of the platforms and applications operated by book-n-use, including all web portals, mobile applications, cloud services, software solutions, APIs, hardware components and all related services.

(3) The services of book-n-use include in particular, but not exclusively:

(4) These T&Cs apply both to businesses (§ 14 BGB, German Civil Code) and to consumers (§ 13 BGB), unless individual provisions state otherwise.

(5) The customer’s own general terms and conditions that deviate from these do not apply unless book-n-use has expressly agreed to their validity in text form.

(6) Individual agreements between the contracting parties take precedence over these T&Cs.

§2 Subject matter of the contract

(1) The subject matter of the contract is the provision of a digital platform for managing, booking, reserving, sharing and controlling physical and digital resources.

(2) The platform serves as the technological infrastructure between operators of resources and their authorised users.

(3) Depending on the agreed scope of services, the contract may in particular include the following services:

(4) The specific scope of services is determined exclusively by the respective offer, contract or service description.

§3 Definitions

For the purposes of these T&Cs, the following definitions apply:

Administrator

A person designated by the customer with extended administrative rights within the platform.

API

Programming interface for automated communication between the platform and third-party systems.

User

A natural person who has been authorised by a customer or administrator to use the platform.

Booking

A reservation or release of a resource for a defined period of time.

Hardware

All physical components, including barriers, bollards, smart parking barriers, RFID readers, door controllers, sensors, gateways, cameras, displays, smart locks or comparable devices.

AI function

A software function based on artificial intelligence that analyses or processes content or generates suggestions.

Customer

The respective contractual partner of book-n-use gmbh.

Organisation

A legal or natural person that manages resources within the platform.

Platform

All digital services provided by book-n-use, including software, cloud infrastructure, apps, APIs and hardware connections.

Resource

Any object or facility that can be managed or used via the platform.

This includes in particular:

Sharing

Time-limited shared use of a resource by several authorised users.

§4 Conclusion of the contract

(1) Offers from book-n-use are subject to change and non-binding unless they are expressly marked as binding.

(2) A contract is concluded by one of the following actions:

(3) There are no verbal side agreements.

(4) Amendments and additions to the contract must be made at least in text form.

§5 Registration and user accounts

(1) Use of the platform generally requires registration.

(2) The customer designates at least one administrator.

(3) The administrator is authorised to

(4) Access data must be treated confidentially.

(5) User accounts may not be shared.

(6) The customer is liable for all activities of its authorised users.

(7) book-n-use is entitled to temporarily block user accounts in the event of security risks or misuse.

§6 Use of the platform

(1) The platform may be used only for the agreed purpose.

(2) The customer undertakes in particular

(3) book-n-use is entitled to take appropriate technical measures in the event of violations.

(4) Statutory claims remain unaffected.

§7 Operators of resources

(1) The operator of a resource is exclusively the respective customer.

(2) The operator decides on its own responsibility on:

(3) book-n-use provides the technical platform only.

(4) book-n-use does not become a party to the contract between operator and user unless expressly agreed otherwise.

§8 Hardware and IoT components

(1) Where agreed between the contracting parties, book-n-use supplies, rents out or operates hardware for controlling or monitoring resources.

(2) This includes in particular:

(3) The specific design is set out in the respective offer or service description.

(4) Unless agreed otherwise, installation is carried out by the customer or by a specialist company commissioned by the customer.

(5) book-n-use is not liable for malfunctions caused by incorrect assembly, unsuitable installation locations, lack of power supply, inadequate internet connection or external influences.

(6) The customer is obliged to treat the hardware with care and to check it regularly for obvious damage.

(7) Ownership is governed by the respective contract. In rental or leasing models, the hardware remains the property of book-n-use or of the respective financing partner.

§9 Software as a service (SaaS)

(1) The platform is generally operated as a cloud-based software service.

(2) book-n-use makes the software available via the internet for the term of the contract.

(3) There is no entitlement to the source code.

(4) The customer receives the non-exclusive, non-transferable right, limited to the term of the contract, to use the software.

(5) book-n-use develops the platform continuously. The customer acknowledges that user interfaces, functions and technical processes may change as part of normal product maintenance.

(6) Changes must not significantly impair the agreed main functions.

(7) book-n-use is entitled to introduce new functions, improve existing functions or make technically necessary changes.

§10 Mobile applications

(1) The platform can be used via mobile applications for smartphones, tablets or comparable devices.

(2) Use requires a compatible device and a working internet connection.

(3) Updates to the mobile applications may be provided through the respective app stores.

(4) The customer is obliged to install security-relevant updates promptly.

(5) book-n-use does not guarantee that all functions are available identically on all devices or operating system versions.

§11 Interfaces (APIs)

(1) Where contractually agreed, book-n-use provides programming interfaces (APIs) for integration into third-party systems.

(2) APIs may be used only in accordance with the published documentation.

(3) The customer undertakes

(4) book-n-use is entitled to develop API versions further and to discontinue older versions after reasonable advance notice.

(5) Use of the APIs may be subject to volume- or performance-related restrictions.

§12 AI-supported functions

(1) The platform may contain functions that use artificial intelligence methods.

(2) AI functions serve exclusively to support decisions and do not replace human review.

(3) AI-generated content may be incomplete, incorrect or misleading.

(4) The customer remains responsible for all decisions made on the basis of AI results.

(5) book-n-use does not guarantee the factual accuracy of automatically generated content.

(6) book-n-use reserves the right to replace AI models or underlying technologies at any time with equivalent or improved methods.

§13 Bookings and reservations

(1) The platform enables the time-limited reservation and use of resources.

(2) Bookings can in particular be made:

(3) The operator of a resource determines in particular:

(4) book-n-use does not guarantee that a requested resource is available at all times.

(5) Bookings may lapse automatically if defined conditions are not met, in particular in the event of:

§14 Sharing

(1) Resources can be made available jointly to several authorised users.

(2) The operator determines the sharing rules.

(3) book-n-use provides the technical infrastructure only.

(4) Disputes between users about the use of a resource must be settled directly between the parties involved.

(5) book-n-use is not obliged to decide on conflicts of use or to conduct arbitration proceedings.

§15 Entry and access control

(1) The platform can be used to control physical access points.

(2) This includes in particular:

(3) Access rights are granted exclusively by the operator of the respective resource.

(4) book-n-use accepts no responsibility for the content of the permissions granted.

(5) The operator is obliged to review permissions regularly and to deactivate access that is no longer required without delay.

§16 Support

(1) book-n-use supports customers within the scope of the support services agreed in each case.

(2) Unless there is a separate service agreement, support is provided during the published business hours.

(3) Support can be provided in particular via:

(4) The customer supports book-n-use in analysing faults by providing all necessary information.

(5) Training, project consulting or individual customisations are not part of standard support unless expressly agreed.

§17 Maintenance, updates and further development

(1) book-n-use develops the platform continuously.

(2) Maintenance work may be carried out if it is necessary for secure or trouble-free operation.

(3) Where possible, plannable maintenance work is announced in good time.

(4) Security updates may be installed at any time without prior notice.

(5) The customer acknowledges that further development of the platform is necessary to implement security requirements, legal requirements or technical developments.

(6) There is no entitlement to unchanged user interfaces or identical operating procedures, provided that contractual use is not significantly impaired.