WELCOME TO FREIRAUM

Bloom Holding GmbH and/or its affiliates ("Freiraum") provide website functionality and other products and services when you use the Freiraum website (the "Website") or mobile phone application (the "App"), use equipment, products or services from Freiraum, or make purchases on the Website or the App (collectively the "Freiraum Services"). Please read our Privacy Policy to understand how we collect and process your personal information. "Freiraum" is the trade name for Bloom Holding GmbH.

TERMS OF USE

Please read these terms and conditions carefully before using the Freiraum Services. By using the Freiraum Services, you agree to be bound by these terms. We offer you a wide range of services.

1 ELECTRONIC COMMUNICATION

When you use a Freiraum service or send email, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including through e-mail, text messages, in-app push messages, or by posting electronic messages or other communications on our website or through other Freiraum services such as the App. For contractual purposes, you agree that all consents, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing unless otherwise required by applicable law.

2 RECOMMENDATIONS AND PERSONALIZATION

As part of the Freiraum Services, we recommend features, products and services that may be of interest to you, determine your preferences and personalize your experience with Freiraum Services.

3 COPYRIGHT AND DATABASE RIGHTS

All content included in or provided through a Freiraum Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Freiraum or of third parties who supply content to or make content available on the Website and is protected by European copyright and database right laws. Also, the entire content included in or provided through a Freiraum Service is the exclusive property of Freiraum and is protected by European copyright and database right.

You may not systematically extract and/or reuse any part of a Freiraum Service without our express written permission. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-use any substantial parts of the Freiraum Service without the express written consent of Freiraum. You also may not create and/or publish your own database that contains substantial portions of a Freiraum Service (e.g., our prices and product information) without the express written consent of Freiraum.

4 BRAND AND TRADEMARK RIGHTS

Freiraum Trademark and trademark rights may not be used in connection with a product or service that is not part of Freiraum in a way that could cause confusion among customers as to who is to blame, or in a way that diminishes or discredits Freiraum. All other trademarks and service marks not owned by Freiraum that appear in a Freiraum Service are the property of their respective owners.

5 LICENCE AND ACCESS

Subject to compliance with these Terms of Use and any applicable terms of service and payment of applicable fees, Freiraum and its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Freiraum Services for non-commercial purposes. This license does not include any resale or commercial use of the Freiraum Services or their contents; any collection and use of any product information, descriptions, or prices; any derivative use of the Freiraum Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction programs.

Freiraum and its licensors, suppliers, publishers, rights holders, or other content providers reserve all rights not expressly granted to you in these Terms of Use or the Terms of Service. No Freiraum Service or any part of it may be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purposes without our express written consent.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (such as images, text, page layout, or form) of Freiraum without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Freiraum's name or trademarks and marks without our express written consent.

You may not misuse the Freiraum Services. You may use the Freiraum Services only as permitted by law. The rights granted by Freiraum to use the Freiraum Services expire if you do not comply with these Terms of Use or the Terms of Service.

6 YOUR ACCOUNT

You may need a Freiraum account to use certain Freiraum services, or you may need to be logged into your Freiraum account and have a valid payment method associated with the account. If there is a problem charging your chosen payment method, we may charge any other valid payment method associated with your space account.

If you use any Space Service, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer and mobile devices, and to the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account.

You may not use a Freiraum service: (i) in a manner that is likely to disrupt, damage or otherwise interfere with the Freiraum Service or access to it, or (ii) for fraudulent purposes or in connection with a crime or unlawful activity, or (iii) to cause annoyance, inconvenience or fear.

We reserve the right to withhold services from you on the Website or close membership accounts. This applies in particular in the event that you violate any applicable law, contractual agreements or our policies.

7 OTHER COMPANIES

Persons other than Freiraum operate shops, provide services or sell products on our premises, this website and the App. We also provide links to sites of affiliated companies and certain other companies. We are not responsible for examining and evaluating these offers or sites and we make no warranties about the offers of these companies or individuals or the content on their websites. Freiraum accepts no responsibility or liability for the actions, products and content of all these or any third parties. You will be notified if a third party is involved in your business transaction and we may disclose your information relating to that transaction to that third party. You should read their privacy statements and other terms of use carefully.

8 FREIRAUM’s ROLE

Freiraum allows third parties to list and sell their products on the website and app. This is shown on the respective product detail page. Although Freiraum allows transactions on the Freiraum Marketplace, Freiraum is neither the buyer nor the seller of these third-party items. Freiraum offers buyers and sellers the opportunity to conduct negotiations and conclude transactions. Thus, the contract that is concluded when these third-party items are sold is concluded exclusively between the buyer and the seller. Freiraum is not a contractual partner and therefore assumes no responsibility for that contract. Freiraum is also not the representative of the seller. The seller is responsible for the sale of the products, any complaints from the buyer and all other matters arising from the contract between buyer and seller.

9 OUR LIABILITY

We make every effort to ensure that the Freiraum Services are available without interruption and that transmissions are error-free. However, due to the nature of the Internet this cannot be guaranteed. Your access to the Freiraum Services may also be interrupted or limited from time to time to allow for repairs, maintenance or the introduction of new equipment or services. We try to limit the frequency and duration of any such temporary interruption or restriction.

Freiraum has unlimited liability if the cause of damage is based on an intentional or grossly negligent breach of duty by Freiraum or one of Freiraum's legal representatives or vicarious agents.

Furthermore, Freiraum is liable for the slightly negligent violation of essential obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, Freiraum shall only be liable for foreseeable damage typical for the contract. Freiraum is not liable for the slightly negligent breach of other obligations than those mentioned in the above sentences.

The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

As far as the liability of Freiraum is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10 APPLICABLE LAW

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. The non-exclusive jurisdiction of the courts of the district of Berlin is agreed. If you are a consumer with a habitual residence in the EU, you also enjoy protection of the mandatory provisions of the law of your country of residence. You may submit claims in connection with these Terms of Use arising from consumer protection standards, either in Germany or in the EU member state in which you live. The European Commission provides a platform for online dispute resolution which you can find at https://ec.europa.eu/consumers/odr/ [external link]. We prefer to clarify your concerns in direct exchange with you and therefore do not participate in consumer dispute resolution procedures. Please contact us directly if you have any questions or problems.

 11 CHANGES TO SERVICES OR CHANGES TO THE TERMS OF USE

You are subject to the terms and conditions in effect at the time you use the Freiraum Services. If you are the owner of a customer account and provided that you are not unduly disadvantaged by the change, we are entitled to change the General Terms and Conditions of Business and regulations in whole or in part at any time for the following reasons: For legal or regulatory reasons; for security reasons; to further develop or optimise existing features of the Services and to add additional features; to take account of technical progress and make technical adjustments and to ensure the future functionality of the Services. If we make changes, we will notify you of these changes within a reasonable period of time and inform you of the rights to which you are entitled. You have the possibility to close your customer account at any time. If a change proves to be invalid, void or for any reason unenforceable, this shall not affect the validity and enforceability of the remaining changes or conditions. Notwithstanding the foregoing, we reserve the right to make changes to the Freiraum Services at any time.

12 NO WAIVER

If you breach these Terms of Use and we do not take action against you, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.

13 MINORS

We do not offer products for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Freiraum Services with the involvement of a parent or guardian.

14 OUR CONTACT INFORMATION

This website is operated by Bloom Holding GmbH.

contact information:

FREIRAUM | Bloom Holding GmbH

c/o DWI Grundbesitz GmbH

Oranienburger Strasse 86a

10178 Berlin

Email: hello@freiraum.io

 19 NOTIFICATION AND PROCEDURE TO FREIRAUM FOR NOTIFICATION OF INFRINGEMENTS.

If you believe that your intellectual property right has been infringed, please notify us by email (hello@freiraum.io) and report the infringement there. Here you can notify us of all types of intellectual property claims, including claims under copyright law, trademark law, design law and patent law.

Upon receipt of the complaint, we may take certain actions, including removing information or articles and, where appropriate, terminating infringers in case of repeated infringements. All such actions are taken without acknowledgment of liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. In particular, we reserve the right to forward the complaint to the parties accused of the infringement. You agree to indemnify and hold harmless Freiraum from and against any claims made by third parties against Freiraum arising out of or in connection with the filing of a complaint.

Note on third-party entries: Please note that third-party entries on Freiraum are only stored or hosted and published at the discretion of the third parties. You can contact third party providers through their respective websites.

Important note: Providing false, misleading or inaccurate information in a notification form to Freiraum may result in civil or criminal liability. You should contact a legal counsel if you have any questions.