Terms and Conditions Roofmatch AI

Chapter 1. General

Article 1. Definitions

In these terms, capitalised words have the following meaning:

1. Account: your personal Roofmatch AI account.
2. Agreement: the agreement between you and Roofmatch about Roofmatch AI, including a Subscription.
3. App: the Roofmatch AI app and its web environment.
4. App Store: the Apple App Store or the Google Play Store.
5. Business Customer: a natural person or legal entity acting for their trade or business.
6. Consumer: a natural person not acting for their trade or business.
7. Customer, you, your: the Consumer or Business Customer who takes out a Subscription or creates an Account.
8. Fee: the price you pay for your Subscription.
9. In Writing: by letter, email or another message you can keep, such as a message in the App.
10. Roofmatch, we, us, our: Roofmatch International B.V., also trading as Rentbird, registered with the Dutch Chamber of Commerce under number 99438836.
11. Search Buddy: the person you invite to also receive the home matches from your Subscription.
12. Subscription: the Agreement for the use of Roofmatch AI for a fixed period.

Article 2. Applicability

1. These terms apply to every offer from Roofmatch for Roofmatch AI, every Agreement and its performance, including where Roofmatch engages third parties.
2. Your own general terms, or those of others, do not apply. If you pay through an App Store, that App Store's terms also apply to the payment.
3. Deviations from these terms are only valid if you and Roofmatch agree on them In Writing.
4. If a provision is void or annulled, the other provisions remain in force. You and Roofmatch will then agree on a valid provision that comes as close as possible to the original intention.
5. Where these terms do not provide for something, the Agreement is interpreted according to reasonableness and fairness.

Article 3. Offers and formation of the Agreement

1. An offer from Roofmatch is without obligation, unless it states a period for acceptance. In that case, the offer lapses after that period.
2. Roofmatch is not bound by an obvious mistake or typo in an offer.
3. The Agreement is formed as soon as you take out a Subscription through the website, the App or an App Store.
4. Roofmatch may refuse a Subscription request, for example in case of earlier misuse.

Article 4. Term and cancellation

1. How long your Subscription runs, how it renews and how you cancel it is set out in Article 22.
2. You cancel through your Account or by email to mail@roofmatch.com. If you paid through an App Store, you cancel through that App Store. Roofmatch confirms your cancellation In Writing.

Article 5. Changes to the Agreement

1. If it turns out during performance that the Agreement needs to be changed or supplemented, Roofmatch will let you know as soon as possible, including any financial consequences. You and Roofmatch will then adjust the Agreement by mutual consultation.
2. If the change is due to something attributable to Roofmatch, Roofmatch will not charge extra for it.
3. A change only applies once you and Roofmatch have accepted it In Writing.

Article 6. Fees and prices

1. Prices for Consumers are in euros and include VAT. Prices for Business Customers are in euros and exclude VAT, unless stated otherwise.
2. Current prices are shown on the website, in the App or in the App Store.
3. Third-party costs are not included in your Subscription, such as a paid account on a property website.
4. The price of your Subscription can only change as of the next renewal, as set out in Article 22.

Article 7. Right of withdrawal

This article applies to Consumers only.

1. If you take out a Subscription through the website, the App or an App Store, you may withdraw from it within 14 days of taking it out, without giving a reason.
2. If you took out the Subscription on the website or in the App, you can withdraw using the withdrawal button there. If you paid through an App Store, you withdraw through that App Store. You can always also withdraw using the model withdrawal form or with another clear statement by email to mail@roofmatch.com. Roofmatch confirms your withdrawal by email straight away.
3. If you withdraw within 14 days, you get the full amount back, even if you have already used the App. See also Article 24.
4. Roofmatch refunds you within 14 days of your withdrawal, using the same payment method you used. If you paid through an App Store, the refund is handled through that App Store.

Article 8. Performance

1. Roofmatch provides Roofmatch AI to the best of its ability. Roofmatch has an obligation of effort, not an obligation of result.
2. Roofmatch may have work carried out by third parties. Roofmatch then remains responsible for the performance.
3. If you are a Business Customer, Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code do not apply.
4. You give Roofmatch accurate and complete details and keep them up to date in your Account.
5. Roofmatch may transfer the Agreement to another company that continues Roofmatch AI, for example in a merger or acquisition. Roofmatch will inform you of this In Writing in advance. You may then terminate the Agreement free of charge.

Article 9. Payment

1. You pay in advance per subscription period, see Article 23.
2. If you are a Business Customer, you may not suspend a payment or set it off against a claim on Roofmatch.
3. A payment is first applied to interest and costs due, and then to the oldest outstanding amount.

Article 10. Late payment

1. If you are a Consumer and do not pay on time, Roofmatch will first send you a free reminder with a payment term of 14 days. If you still do not pay, you are in default. You then owe the statutory interest and the extrajudicial collection costs under the Dutch Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
2. If you are a Business Customer and do not pay on time, you are in default immediately. You then owe interest of 2% per month, or the statutory commercial interest if higher, and extrajudicial collection costs of 15% of the outstanding amount, with a minimum of € 250.

Article 11. Suspension and termination

1. If you fail to meet an obligation, Roofmatch may suspend its own obligations, to the extent your failure justifies this.
2. Roofmatch may terminate (ontbinden) the Agreement In Writing and without court intervention if:you fail to meet an obligation and do not remedy it within a reasonable period that Roofmatch gives you In Writing, unless remedy is no longer possible;you go bankrupt, apply for a suspension of payments, enter a debt restructuring scheme, or are placed under administration or guardianship;circumstances make performance impossible, or change so fundamentally that Roofmatch cannot reasonably be expected to continue the Agreement unchanged.
3. If Roofmatch terminates because you fail to perform, outstanding amounts become due immediately and Roofmatch may claim damages.

Article 12. Force majeure

1. Roofmatch is not liable if it cannot meet an obligation due to force majeure. Force majeure is any cause beyond Roofmatch's control, such as widespread internet or telecom outages, failures at an App Store, cyberattacks, fire, natural disasters, war, epidemics, strikes and government measures.
2. During force majeure, you and Roofmatch may suspend your obligations. If force majeure lasts longer than 3 months, you and Roofmatch may terminate the Agreement In Writing, without either of you owing damages. You get back what you paid in advance for the period after termination.
3. This article applies in the same way to force majeure on your side.

Article 13. Liability

1. Roofmatch is only liable for direct damage resulting from an attributable failure in the performance of the Agreement. If you are a Business Customer, Roofmatch is only liable in the event of intent or deliberate recklessness on the part of Roofmatch. Direct damage means only:material damage to your property;reasonable costs of establishing the cause and extent of the damage;reasonable costs of preventing or limiting damage, to the extent you show that these costs limited the direct damage;reasonable costs of obtaining payment out of court, as referred to in Article 6:96(2)(c) of the Dutch Civil Code.
2. Roofmatch is not liable for indirect damage, such as consequential loss, lost profits, lost savings or non-material damage. Nor for damage caused by incorrect or incomplete information you provided, unless Roofmatch should have noticed this, or for loss of or damage to data. Nor is Roofmatch liable for the purchase price or rent you agree, or for the later value of a home.
3. If Roofmatch is liable, its liability is limited to the subscription fees you paid in the 12 months before the damage occurred.
4. The limitations in paragraphs 2 and 3 do not apply in the event of intent or deliberate recklessness on the part of Roofmatch.
5. Report any damage for which Roofmatch may be liable to Roofmatch In Writing as soon as possible after you discover it.

Article 14. Indemnity and limitation period

1. If you are a Business Customer and a third party suffers damage due to something attributable to you, you indemnify Roofmatch against claims by that third party.
2. If you are a Business Customer, any claim against Roofmatch and against third parties engaged by Roofmatch lapses after 1 year. If you are a Consumer, the statutory limitation periods apply.

Article 15. Complaints

1. If you have a complaint about Roofmatch AI, report it In Writing to mail@roofmatch.com as soon as possible, with a clear description.
2. Roofmatch treats your complaint confidentially and aims to resolve it within one month. If that is not possible, Roofmatch will tell you within that month when you can expect a response.
3. If you and Roofmatch cannot resolve the matter together, you can bring the dispute before the court in accordance with Article 19.

Article 16. Intellectual property

1. All rights to the App, the website, the software, the AI features, the texts and the images of Roofmatch, and to its own analyses and calculations, remain with Roofmatch or its licensors.
2. You receive a personal, non-transferable right to use the App for your own home search, for as long as your Subscription runs.
3. You may not resell the App, make it available to third parties or use it commercially. Sharing matches with your Search Buddy is allowed.
4. Roofmatch may use knowledge it gains during performance for other purposes, provided it does not share confidential information about you with third parties.

Article 17. Personal data

1. Roofmatch processes your personal data in accordance with the General Data Protection Regulation (GDPR). Which data Roofmatch processes, who it shares it with, how long it keeps it and what rights you have are set out in the privacy policy on roofmatch.com.
2. If Roofmatch needs your consent for any processing, it asks for it separately. Agreeing to these terms does not count as that consent.

Article 18. Changes to these terms

1. Roofmatch may change these terms. Roofmatch announces a change at least 30 days before it takes effect, by email or in the App.
2. A change applies to a running Subscription from its effective date. If the change is to your disadvantage and you do not agree with it, you can cancel your Subscription up to the day the change takes effect. You then get a pro rata refund of the amount paid in advance for the remaining period.

Article 19. Governing law and disputes

1. All Agreements are governed by Dutch law. If you are a Consumer living in another country of the European Union, you keep the protection of the mandatory rules of that country.
2. Disputes are submitted to the competent court in the district where Roofmatch is located. If you are a Consumer, you may choose the court that has jurisdiction under the law within one month after Roofmatch has invoked this paragraph In Writing.

Chapter 2. Roofmatch AI

Article 20. What Roofmatch AI is

1. Roofmatch AI is an app that collects listings from third-party websites and shows you the rental and owner-occupied homes that match your search. You receive new matches in the App, for example through a push notification.
2. Depending on your Subscription, you also use AI features, such as an AI-written response letter for rental homes, an AI assessment of homes and an AI-estimated home value. Which features, how many searches and whether a Search Buddy are included in your Subscription is shown on the website, in the App or in the App Store when you take out the Subscription.
3. For Roofmatch AI, Roofmatch is not an estate agent and does not rent out or sell homes itself. You respond to a home yourself, directly with the provider, such as the landlord, seller, agent or housing association. Roofmatch is not a party to any rental or purchase agreement you enter into.
4. Roofmatch AI is not personal guidance. If you want Roofmatch to search, respond, bid or negotiate for you, you can use Buyer Pro or Renter Pro. Separate terms apply to those services.
5. Roofmatch does not guarantee that you will find a home through Roofmatch AI, that you will see all available homes, or that you will be the first to respond.

Article 21. Account and Search Buddy

1. You need an Account to use Roofmatch AI. You must be at least 18 years old.
2. Your Account is personal. You keep your login details secret and you are responsible for what happens with your Account. If you suspect misuse, report it straight away to mail@roofmatch.com.
3. If a Search Buddy is included in your Subscription, you may invite one person with whom you are looking for a home together, such as your partner, a housemate or a family member. You may not sell a Search Buddy place or share it for payment.
4. Your Search Buddy receives the same matches as you and uses Roofmatch AI under these terms. The Subscription remains yours: only you can change or cancel it. When your Subscription ends, your Search Buddy's access also ends.

Article 22. Subscription, renewal and cancellation

1. You take out a Subscription for the period you choose, such as 1, 2 or 3 months. You see the price and term when you sign up on the website, in the App or in the App Store. You pay in advance for the full period.
2. If you do not cancel before the end of the period, your Subscription automatically renews for a period of the same length. You then pay in advance for that new period.
3. You can cancel your Subscription at any time through your Account or by email to mail@roofmatch.com. If you paid through an App Store, you cancel through that App Store (see Article 23). Your Subscription then stops at the end of the current period and does not renew.
4. If Roofmatch wants to increase the price of your Subscription, it will tell you at least 30 days before the renewal. The new price applies from that renewal. If you do not agree, you can cancel free of charge before the renewal.
5. After your Subscription ends, you no longer receive matches and no longer have access to the paid features. Roofmatch may then delete your Account and searches, in line with the privacy policy.
6. Roofmatch may cancel a Subscription as of the end of a period, with at least 30 days' notice. If Roofmatch stops Roofmatch AI during a period, you get a pro rata refund of what you paid in advance for the remaining period.

Article 23. Paying through the website or an App Store

1. If you take out your Subscription through the website, or in the App outside an App Store, you pay in advance using one of the payment methods Roofmatch offers. On renewal, Roofmatch automatically charges the amount to the payment method you used. You make sure that payment method stays valid.
2. If an automatic payment fails, Roofmatch will let you know and try again. If payment is still not made, Roofmatch may suspend your access to the paid features until you have paid. Article 10 also applies.
3. If you take out your Subscription through an App Store, that App Store handles payment, renewal, cancellation and refunds. The terms of that App Store also apply. You cancel in the subscription settings of your App Store account. Roofmatch cannot refund a payment made through an App Store itself.
4. You receive proof of payment by email or through the App Store.

Article 24. Money-back guarantee

1. If you are not satisfied, you can ask for your money back within 14 days of taking out your first Subscription, without giving a reason. You do this through your Account or by email to mail@roofmatch.com. This guarantee applies to Consumers only.
2. Roofmatch then ends your Subscription immediately and refunds the full amount within 14 days. Your Account and searches are deleted.
3. If you paid through an App Store, you request the refund from that App Store, under that App Store's rules. Roofmatch will help you if you get in touch.
4. This guarantee applies in addition to your statutory right of withdrawal under Article 7.
5. After these 14 days, you do not get money back for the current period, except in the cases of Article 18(2), Article 22(6) and Article 28(3).

Article 25. Homes offered by third parties

1. The listings in Roofmatch AI come from third parties, such as estate agents, landlords and housing associations. For each home, Roofmatch states the source and refers you there to respond.
2. Roofmatch does not check these listings and is not responsible for their accuracy, completeness or availability. A home may already be let or sold, or have a different price or different conditions than shown in the App. Always check the information with the provider.
3. Some property websites require a paid account before you can respond. These costs are not included in your Subscription. You decide whether to take out such an account.
4. Roofmatch is not liable for the acts or omissions of providers and property websites, or for arrangements you make with them.
5. Roofmatch decides which sources it shows listings from and may add or drop sources. A source may also become temporarily or permanently unavailable. If this makes Roofmatch AI substantially less valuable to you, Article 28(3) applies.

Article 26. AI features

1. The AI features work automatically, using algorithms and language models and based on data Roofmatch holds or collects. A result may be incorrect, incomplete or outdated.
2. AI response letter. A response letter is a suggestion. You check and edit the letter before you send it. You send it yourself, under your own name, and you are responsible for its content. Do not include incorrect information about yourself.
3. AI assessment of a home. The assessment, for example with pros and points of attention, is based on the information in the listing and other available data. It is not a building survey, not a legal check and not personal advice.
4. AI-estimated home value. An estimated home value is an indication based on a calculation model. It is not a valuation and not a validated valuation report. You cannot use the estimated value for a mortgage, other financing or an official valuation. Roofmatch does not guarantee that you can buy, rent or sell a home for that value.
5. An AI result is a tool. You remain responsible for your own decisions, such as whether to respond, view, bid, buy or rent. Article 13 applies to damage caused by an incorrect or incomplete AI result.
6. Do not enter other people's data into the AI features without their consent.

Article 27. Fair use

1. You use Roofmatch AI only for your own home search. If you want to use Roofmatch AI for business purposes, for example for clients, contact us for a separate agreement.
2. You may not:resell access to the App or to matches;share your Account with anyone other than your Search Buddy;circumvent or disrupt the security or operation of the App;use the App for anything that breaks the law or these terms.
3. If you do not comply with this article, Roofmatch may restrict your access or block your Account. Roofmatch will warn you first, except in the case of a serious breach. In the case of a serious or repeated breach, Roofmatch may end your Subscription immediately, without a refund.

Article 28. Availability and changes

1. Roofmatch does its best to keep Roofmatch AI available at all times, but does not guarantee uninterrupted or error-free operation. Maintenance and failures at Roofmatch, App Stores, telecom providers or property websites may make the App temporarily unavailable or delay matches.
2. Whether and when you receive a notification also depends on your device, your settings and your internet connection. You make sure notifications are switched on and that you use the latest version of the App.
3. Roofmatch may improve and adjust Roofmatch AI, and add or replace features. If Roofmatch removes a feature that is part of your Subscription, or if a change makes Roofmatch AI substantially less valuable to you, Roofmatch will tell you in advance. You can then cancel free of charge and receive a pro rata refund of the amount paid in advance for the remaining period.

Article 29. Moving over from Rentbird AI

1. Rentbird is a trade name of Roofmatch. Rentbird AI is merging into Roofmatch AI: the Rentbird app is renamed Roofmatch AI and you do not need to reinstall anything. If you had a Rentbird AI subscription, including through an App Store, it continues as a Roofmatch AI Subscription, with the same term and the same price for the current period.
2. Roofmatch will tell you by email at least 30 days before the move when you are moving over. These terms apply from the first renewal after the move. If you do not want to move over, you can cancel your subscription free of charge before that renewal.
3. Your Account, searches and Search Buddy move to Roofmatch AI, unless you tell Roofmatch you do not want this.