SaaS Agreement (Software as a Service) – V1.0

1. Object of Agreement.

This Agreement governs the use of the MyBuilding24 service. It consists of the individual offer for the client, a price list, if any, the product data sheet, as amended from time to time, as well as the terms and conditions of Rei development GmbH.

2. Scope of functions, system requirements.

The attached product data sheet, which is continuously updated and whose current update forms an integral part hereof, describes the functional scope and system requirements of MyBuilding24.

3.Use.

After full payment, the client may use the latest version of MyBuilding24 in the scope described in the offer throughout the term of this Agreement. In this event, the right of use may not be transferred to third parties.

Rei development GmbH may implement technical measures to check compliance with the terms of use.

4. Operation of MyBuilding24.

The server infrastructure and software on which the MyBuilding24 service is based is operated by Rei development GmbH.

The client itself shall always be responsible for the client infrastructure.

5. Corrective action.

Rei development GmbH is obliged to correct defects of the latest version of MyBuilding24.

Defects are malfunctions in the operation or application of MyBuilding24 which actually affect the processes and do not allow for a simple workaround.

Slight defects which do not substantially impair processes will be included in the planned further development of MyBuilding24 and will then be embedded into newer versions of MyBuilding24 according to the development priority defined by Rei development GmbH.

In case of medium defects which impair processes not only substantially, Rei development GmbH is obliged to commence troubleshooting during business hours of Rei development GmbH within three work days, at the latest.

If serious defects occur which lead to a complete breakdown of the service or a failure of functions in one of the client's processes to an extent causing enormous obstructions, Rei development GmbH shall commence troubleshooting during business hours of Rei development GmbH within 24 hours, at the latest.

6.Further development.

MyBuilding24 is being further developed on a continuous basis. The user may use the latest version of MyBuilding24. The use of earlier versions is generally not possible. Where possible, the user will be informed at least three months in advance of changes in system requirements due to updates.

7. New functions.

If Rei development GmbH adds new or change functions of the MyBuilding24 service which become part of a later version of MyBuilding24, the client may additionally use these functions without extra cost.

Should Rei development GmbH develop additional modules, the client may use these modules subject to an extension of this Agreement and payment of the costs set forth in the price list.

8. Support.

Rei development GmbH offers support via e-mail and telephone during business hours.

9. Costs.

The monthly costs are calculated according to the offer and the pricelist, respectively. The user shall advance the annual costs on or prior to the last day of the previous month, at the latest.

10. Final commissions.

Terms and conditions. The attached terms and conditions of the contractor shall apply.

Privacy statement. The contractor's privacy statement which is attached hereto shall apply.

Consumer's right of withdrawal. I have acknowledged the attached information on the consumer's right of withdrawal.

Applicable law. All legal relationships and circumstances between the client and the contractor shall be exclusively governed by and constructed in accordance with Austrian law, to the exclusion of international conflict of law rules. The provisions of the UN Sales Convention shall not apply to contracts with firms.

Mandatory consumer law. If, with contracts with consumers, contractor's professional or commercial activities focus on the consumer's home country, the agreed applicable law will not affect the protection which is awarded to the consumer by mandatory laws of his state of residence.

Jurisdiction. All disputes arising between the contractor and firms shall be referred to the Austrian court having jurisdiction ratione materiae for the City of Salzburg. The contractor may also sue the client at the general venue of the contractor and that of the company.