DENIOS AG
Dehmer Straße 54-66
32549 Bad Oeynhausen

Tel.: +49 5731 753-0
Fax: +49 5731 753-197
E-Mail: info@denios.de
Internet: www.denios.de

Terms of Use for Applications of DENIOS AG

Contents

These Terms of Use regulate the use of the application in question (hereinafter: “App”), which is provided to the user (“you”, “your”) by DENIOS AG, Dehmer Straße 54–66, 32549 Bad Oeynhausen, Germany (“DENIOS”, “we”, “our”, “us”).

By downloading the App and accepting these Terms of Use as described in Section 2.3 below, the terms of use are agreed between you and DENIOS.

1. Accessing and Using the App

1.1 You may use the App by accessing the website of DENIOS without installing the App on your device or optionally download the web version for offline use (in both cases, this version of the App: “Web Version”). Alternatively, you can download the App from the Apple App Store for iOS/iPadOS devices, or the Google Play Store for An-droid devices (together: “App Stores”; these versions of the App: “Mobile Version”). You can download the Mobile Version by using the download button or similar functionality of the respective App Store.

1.2 For the Mobile Version, the terms and conditions of the App Store from which the App was downloaded apply, subject to any deviating provisions in these Terms of Use. In case of a conflict between the terms and conditions of the App Store and these Terms of Use, these Terms of Use prevail. These Terms of Use also apply to the use of the Mobile Version in case that it was not downloaded from one of the above App Stores.

1.3 This App is free to use, and is not limited to a certain number of personal devices.

1.4 However, the Web Version and various functions of the Mobile Version cannot be used without an active Internet connection. Therefore, the use of the App may result in charges for the use of the Internet, which depend on your contract with your communication provider.

2. Accepting the Terms of Use; Registration

2.1 Before using the App, you must accept these Terms of Use and confirm that you have had the opportunity to read our data protection notice.

2.2 You can use the functions of the App for a limited time period without registering. In order to use the App for a longer period of time, you need to create a user account (“Account”). Please use the App to perform the registration. When registering, you must confirm your acceptance of these Terms of Use, and confirm that you had the opportunity to read our data protection notice. We may also ask you to verify your email address and the creation of your Account by clicking a link in a confirmation email that we will send you; in this case, the registration is only complete when you click on the link, and DENIOS then confirms that the registration process is complete.

2.3 The contract between you and DENIOS regarding these Terms of Use is concluded when you accept the Terms of Use in the App. The contract is then renewed when you create an Account and DENIOS confirms your registration.

2.4 We will keep a copy of these Terms of Use. You can find a copy of these Terms of Use on our website at www.denios.de/denios-apps/nutzungsbedingungen-denios-apps-en.

2.5 By creating an Account, you warrant that all the information required for registration is accurate, current and complete. In case of any changes, you will promptly change the information in the App.

2.6 You yourself are responsible for keeping secret the login details for your Account, in particular the password. If you have reason to believe that your Account is no longer secure (e. g., that a third party obtained your password), you will promptly inform DENIOS.

3. Changes to the App and Amendments of the Terms of Use

3.1 DENIOS reserves the right to extend the functionality of the App or its services, or to discontinue parts thereof. Since the App is free to download and use, DENIOS does not undertake to continue the provision of the App and its services in unmodified form. The Web Version and the Mobile Versions may provide different functionality.

3.2 DENIOS reserves the right to amend these Terms of Use at any time whenever DENIOS deems that such amendment is necessary, e.g. due to the further development of the App, introduction of new functions, technical or operational issues, or changes in the applicable law. You will be informed about any such changes via a notification in the App and requested to accept the new version of the Terms of Use.

3.3 Automatic updates and upgrades of the Mobile Version are provided by DENIOS via the App Stores and may be installed without your explicit consent, depending on your device settings. If you use the Web Version, you will always use the version or one of the versions installed on DENIOS’ website.

4. Availability of the App and Services

4.1 DENIOS will aim to ensure continuous availability of the App and the required services. DENIOS cannot, however, warrant that there will be no interruptions.

4.2 The App may, in particular, be temporarily unavailable due to maintenance work, disruptions to the Internet connection by external network operators, other technical reasons and force majeure.

5. Data Protection

5.1 If you are a natural person, DENIOS will process your personal data when you use the App or register for an Account. DENIOS will keep your personal data confidential and process it in compliance with Regulation (EU) 2016/679 (General Data Protection Regulation) and other applicable data protection laws. Details can be found in our data protection notice at www.denios.de/denios-apps/datenschutz-apps-en.

5.2 If you have registered for an Account, DENIOS will inform you about any changes to the data protection notice with a message to the email address you provided. If your consent is required under Regulation (EU) 2016/679 (General Data Protection Regulation) or other data protection laws, or if DENIOS believes that obtaining consent would be appropriate in other cases, we will ask for your prior consent to the processing of your data for specific purposes. We may, in particular, ask for consent when you activate certain functionalities in the App settings.

6. Intellectual Property

6.1 The App, as well as images and other content provided by the App (collectively the “Content”) are protected by copyright and neighboring rights in Germany and other jurisdictions. DENIOS grants you a limited, non-exclusive, non-transferable and non-sublicensable right to use the App and enjoy the Content.

6.2 In all other respects, the statutory provisions relating to copyright in software and other works as well as neighboring rights apply. Unless expressly authorized by DENIOS or mandatory law, you may not, in particular:

6.2.1 reproduce the App or the Content, except (i) as necessary to download, install and use the Mobile Version on your devices, and to create a reasonable number of backup copies, and (ii) as otherwise permitted by these Terms of Use;

6.2.2 sell, rent or otherwise distribute the App or the Content to third parties;

6.2.3 edit or otherwise modify the App or the Content;

6.2.4 decode, disassemble, decompile or otherwise reverse-engineer the App; and

6.2.5 attempt any of the actions set out in Sections 5.2.1 to 5.2.4.

7. Misuse

You may not use the App or information technology of DENIOS for criminal activity, engage in other criminal activity against DENIOS, or engage in any other activity with the intention of unlawfully harming DENIOS. You may not, in particular:

7.1 hack, sabotage or otherwise impede or impair the information technology of DENIOS used to provide the App and its services, or any other information technology of DENIOS;

7.2 use the App excessively or otherwise access the information technology in an excessive way, i.e., to an extent that exceeds normal use, in an attempt to overload the in-formation technology of DENIOS (also known as a “denial of service attack”);

7.3 bypass the technical restrictions of the App in order to obtain access to Content or functionality you are not licensed to use; or

7.4 attempt any of the actions outlined in Sections 7.1 to 7.3.

8. Termination

8.1 DENIOS reserves the right to discontinue the App and to terminate these Terms of Use, your Account and your right to use the App at any time. If you have registered, DENIOS will notify you at the email address you have provided with a reasonable lead time, usually at least four weeks.

8.2 Furthermore, DENIOS may terminate for material cause, in particular in case you:

8.2.1 provide false or incomplete information when registering or do not update your information in breach of Section 2.5 and either (i) do not correct or complete your information within a reasonable notice period of at least thirty days, as specified by us in text form, or (ii) cannot be contacted because the email address you provided is invalid.

8.2.2 infringe the rights of DENIOS or third parties in breach of Section 6.2;

8.2.3 abuse the App or harm DENIOS in breach of Section 7; or

8.2.4 otherwise are in material breach of these Terms of Use.

8.3 You may terminate your Account and these Terms of Use by sending a respective email to appdevelopment@denios.net. You understand that your Account will only be fully deleted when we no longer need to keep the data due to legally required retention periods or for other legal purposes; details about this can be found in our data protection notice.

9. Liability of DENIOS

9.1 DENIOS will be liable in accordance with statutory provisions for:

9.1.1 damages resulting from fraudulent non-disclosure of defects or deficiencies in title by DENIOS (or a legal representative or vicarious agent of DENIOS);

9.1.2 damages resulting from injury to life, body or health caused by a breach for which DENIOS is responsible (zu vertreten haben);

9.1.3 other damages caused by gross negligence or willful misconduct by DENIOS (or a legal representative or vicarious agent of DENIOS); and

9.1.4 other damages caused by a breach for which DENIOS is responsible (zu vertreten haben) of an obligation which must be fulfilled to allow the proper performance of the contract and on compliance of which the other parties can usually rely on (deren Erfüllung die ordnungsgemäße Durchführung des Vertrags überhaupt erst ermöglicht und auf deren Einhaltung der Vertragspartner re-gelmäßig vertrauen darf) (also known as a “cardinal obligation”); if such damages do not also fall under Sections 9.1.1 to 9.1.3, liability for these dam-ages under this Section 9.1.4 is limited to losses that are foreseeable and typical for this type of contract.

9.2 DENIOS will be deemed to be responsible (zu vertreten haben) under Sections 9.1.2 and 9.1.4 in accordance with statutory provisions. In particular, where Sections 521 and/or 599 of the German Civil Code (Bürgerliches Gesetzbuch) are applicable, DENIOS will only be responsible in cases of gross negligence or willful misconduct.

9.3 DENIOS will also be liable in accordance with statutory provisions where DENIOS has provided a guarantee regarding quality or otherwise assumed strict liability; insofar, however, the limitations set out in the respective guarantee policy apply.

9.4 DENIOS will also be liable in accordance with the German Product Liability Act (Produkthaftungsgesetz) and other applicable national laws transposing Directive 85/374/EEC, as well as any other statutory provisions that expressly state that the provisions cannot be derogated in advance.

9.5 DENIOS will not be liable under any theory of law in cases other than those set out in Sections 9.1 to 9.4.

10. Applicable Law; Place of Jurisdiction

10.1 These Terms of Use are subject to the material laws of the Federal Republic of Ger-many. The United Nations Convention on the International Sale of Goods (1980) (CISG) does not apply.

10.2 If you are a merchant (Kaufmann) within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the place of jurisdiction is Bad Oeynhausen. However, we reserve the right to alternatively file complaints at your general place of jurisdiction.

11. Actuality and Change of the Terms of Use

These terms of use are currently valid and have the status: March 2021.

We reserve the right to make changes at any time.

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