Terms of Service

Acceptance of Terms

By accessing and using the services provided by openlume B.V. ("openlume", "we", "our", or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. These Terms of Service constitute a legally binding agreement between you and openlume regarding your use of our property management services, website, and related services.

Service Description

openlume provides comprehensive property management services including but not limited to tenant screening and placement, lease administration, rent collection, property maintenance coordination, financial reporting, legal compliance support, and property marketing. The specific services provided to each client will be detailed in individual service agreements. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with appropriate notice to affected clients.

User Obligations

As a user of our services, you agree to provide accurate, complete, and up-to-date information about yourself and your properties. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You must comply with all applicable laws and regulations in connection with your use of our services and must not use our services for any unlawful or prohibited purposes.

Payment Terms

Management fees and service charges are as specified in your individual service agreement with openlume. Payments are typically calculated as a percentage of monthly rental income and are due according to the payment schedule outlined in your agreement. All fees are exclusive of VAT unless otherwise stated. Late payments may be subject to additional charges and interest as permitted by Dutch law. We reserve the right to suspend services for accounts with overdue payments.

Intellectual Property

The openlume website, services, and all content, features, and functionality are owned by openlume B.V. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material without our prior written consent. The openlume name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of openlume or its affiliates.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information in connection with our services is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We comply with the General Data Protection Regulation (GDPR) and Dutch privacy laws in our handling of personal data.

Limitation of Liability

To the fullest extent permitted by applicable law, openlume B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services. Our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you to openlume in the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.

Indemnification

You agree to defend, indemnify, and hold harmless openlume B.V., its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Service or your use of our services, including any use of content, services, and products other than as expressly authorized in these Terms of Service.

Force Majeure

openlume shall not be liable for any failure or delay in performance under these Terms of Service which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control. In such events, we will use reasonable efforts to mitigate the impact and resume normal service as soon as practicable.

Termination

Either party may terminate the service agreement with appropriate notice as specified in the individual service contract. openlume reserves the right to terminate or suspend your access to our services immediately, without prior notice or liability, if you breach any provision of these Terms of Service. Upon termination, your right to use our services will cease immediately, and we will provide a final accounting of all transactions and return any client funds as required by law and contract terms.

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Netherlands. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or our services shall be instituted exclusively in the competent courts of the Netherlands, and you consent to the jurisdiction of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Dispute Resolution

Any disputes arising under these Terms of Service will first be addressed through good faith negotiations between the parties. If a resolution cannot be reached through negotiation, disputes may be resolved through mediation or arbitration as agreed by both parties, or through the competent courts of the Netherlands as specified in the Governing Law section above.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms of Service. We recommend reviewing these terms periodically to stay informed of any changes.

Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any individual service agreements, constitute the entire agreement between you and openlume regarding the use of our services and supersede all prior and contemporaneous written or oral agreements between you and openlume. No waiver of any provision of these Terms of Service will be deemed a further or continuing waiver of such provision or any other provision.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

openlume B.V.
Eikenlaan 297
4889 WY Breda
Netherlands

Email: legal@openlume.top
Phone: +31 40 966 6833
General Contact: contact@openlume.top