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

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 58–66, 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. Downloading and Using the App

1.1 The App can be downloaded from the Apple App Store for iOS devices, or the Google Play Store for Android devices (together: “App Stores”). The App is download via the respective download interface or similar function in the App Store.

1.2 Unless stated otherwise in these Terms of Use, the terms and conditions of the App Store from which the App was downloaded apply. In case of a contradiction between the terms and conditions of the App Store and these Terms of Use, these Terms of Use take precedence.

1.3 These Terms of Use also apply to the use of the App in the case that it was not down-loaded from one of the above App Stores.

1.4 This App is free to download and use, and is not limited to a certain number of per-sonal devices.

1.5 However, several functions of the App cannot be used without an active Internet con-nection. Costs may be incurred in connection with the use of the individual functions of the App via 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 the data protection information.

2.2 You can use the functions of the App for a limited time without registration. In order to use the App for a longer time, you must create a user account (“account”). You can register via the App. When registering, you must once again confirm your ac-ceptance of the Terms of Use and the opportunity to have read the data protection information. We may ask you to confirm your email address and the creation of your account by clicking a link in a confirmation email sent to you by DENIOS; in this case, the registration is only complete when you have clicked on the link, and DENIOS has confirmed that the registration process is complete.

2.3 The contract between you and DENIOS regarding these Terms of Use comes into ef-fect when you accept the Terms of Use in the App. The conclusion of the contract is confirmed when DENIOS confirms your registration.

2.4 We will store a copy of these Terms of Use. You can find a copy of these Terms of Use on our website at https://www.denios.de/mengen-checker-resultat/nutzungsbedingungen-zur-mengen-checker-app-en

2.5 By creating an account, you ensure that all the information required for registration is correct, current and complete. In case of any changes, you must amend the infor-mation in the App immediately.

2.6 You are personally responsible for keeping the login details for your account secret, especially the password. If you have reason to believe that your account is no longer secure (e.g. third party knowledge of your password), you must inform DENIOS im-mediately.

3. Amendment of the App and the Terms of Use

3.1 DENIOS reserves the right to extend the functions of the App or its services, or to dis-continue parts thereof. Since the App is free to download and use, DENIOS accepts no obligation to continue the provision of the App and its services in unmodified form long-term.

3.2 DENIOS reserves the right to amend these Terms of Use at any time, should it appear necessary to do so, e.g. due to the further development of the App, introduction of new functions, technical or operational issues or changes in the law. You will be in-formed 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 are provided by DENIOS via the App Stores and may be installed without your explicit consent, depending on your device settings

4. Availability of the app and services

4.1 DENIOS makes every effort to ensure continuous availability of the App and the re-quired services, however cannot guarantee that there will be no interruptions.

4.2 In particular, there may be temporary interruptions in availability due to mainte-nance work, disruptions to the Internet connection by external network operators, further 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 process this confidentially in compliance with EU Regulation 2016/679 (General Data Protection Regulation) and other appli-cable data protection laws. Details can be found in our data protection information at https://www.denios.de/mengen-checker-resultat/datenschutzerklaerung-zur-mengen-checker-app-en

5.2 If you have registered, DENIOS will inform you about any changes to the data protec-tion information with a message to the email address provided. If your consent is re-quired in accordance with EU Regulation 2016/679 (General Data Protection Regula-tion) and other data protection laws, or if DENIOS considers it appropriate in other cases, we will ask for your prior consent to the processing of your data for different purposes. This consent may particularly be sought in the App settings when activating certain App functions.

6. Intellectual Property

6.1 The App, as well as images and other content provided by the App (together “con-tents”) are protected by copyright and other relevant protective laws in Germany. DENIOS grants you the limited, non-exclusive, non-transferable and non-sublicensable right to use the App and its contents.

6.2 In all other respects, the statutory provisions of the copyright law for software and other works apply, along with any related protective rights. Unless DENIOS has ex-pressly agreed or compulsory legal regulations require it, the following activities in particular are prohibited:

6.2.1 reproducing the App or its contents, unless this occurs (i) within a necessary scope to download, install and use the App on your devices, to create an ap-propriate number of backups, or (ii) within the scope that is otherwise permit-ted by these Terms of Use;

6.2.2 selling, renting or otherwise distributing the App to third parties;

6.2.3 editing or otherwise modifying the App or its contents;

6.2.4 decoding, disassembling, decompiling or any other reverse engineering of the App; and

6.2.5 attempting any of the actions outlined in Section 5.2.1 to 5.2.4.

7. Misuse

It is prohibited to use the App or data processing systems of DENIOS for criminal activity, and to undertake other criminal activity at the expense of DENIOS or any other activity with the intention of unlawfully harming DENIOS. The following in particular is prohibited:

7.1 to hack, sabotage or otherwise impede or impair the data processing systems of DENIOS used to provide the App and its services, or any other data processing system of DENIOS;

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

7.3 to bypass the technical restrictions of the App in order to obtain access to contents or functions you are not licenced to use; or

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

8. Termination

8.1 DENIOS reserves the right discontinue the App and to terminate these Terms of Use, your customer account and your right to use the App at any time. If you have regis-tered, DENIOS will inform you about this with a message to the email address provid-ed within an appropriate notice period, usually at least four weeks in advance.

8.2 Furthermore, DENIOS is entitled to termination for significant reasons, particularly if you:

8.2.1 provide false or incomplete information when registering counter to Sec-tion 2.5 or have not updated your information, and you have (i) not corrected or completed your information within a period of at least thirty days, as speci-fied by us in writing, or (ii) we were unable to contact you because the email address you provided was invalid.

8.2.2 injure the right of DENIOS or third parties counter to Section 6.2;

8.2.3 misuse the App or cause damage to DENIOS counter to Section 7; or

8.2.4 substantially violate these Terms of Use in any other way.

8.3 You can terminate your account and thereby, these Terms of Use, by sending an email to this effect to appdevelopment@denios.net. Your account will only be fully deleted after the legally required storage period or storage for other legal purposes has expired; details about this can be found in our Privacy Statement.

9. Liability of DENIOS

9.1 Within the scope of the statutory regulations, DENIOS is liable for:

9.1.1 damages resulting from DENIOS (or a legal representative or agent of DENIOS) fraudulently concealing a material or legal defect;

9.1.2 damages resulting from injury to life, body or health caused by a breach of duty on the part of DENIOS;

9.1.3 other damages caused by grossly negligent or intentional violation of duty by DENIOS (or a legal representative or agent of DENIOS); and

9.1.4 other damages caused by a breach of duty on the part of DENIOS, the fulfil-ment of which is necessary for the proper execution of the contract and the observance of which the contractual partners regularly rely upon (also known as a “major obligation”); provided that these damages do not also fall under Sections 9.1.1 to 9.1.3, liability for damages in accordance with Section 9.1.4 is limited to foreseeable damage typically expected for this type of contract.

9.2 The legal responsibility of DENIOS within the context of Sections 9.1.2 and 9.1.4 is based on the statutory regulations. Within the scope of §§ 521 and/or 599 of the German Civil Code, DENIOS is responsible only for intent and gross negligence.

9.3 DENIOS also assumes liability within the scope of the statutory regulations, provided that DENIUS has assumed a quality guarantee or other strict liability; in this respect, however, the restrictions of the respective guarantee policy apply.

9.4 DENIOS also assumes liability in accordance with provisions of the Product Liability Act and other applicable national laws for the implementation of Directive 85/374/EEC, as well as any statutory regulations for which the respective law explicit-ly dictates that the respective regulations cannot be deviated from or deviated from in advance.

9.5 DENIOS accepts no liability in cases other than those outlined in Section 9.1 to 9.4, regardless of the legal reason.

10. Applicable Law; Place of Jurisdiction

10.1 These Terms of Use are subject to the law of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods (1980) does not apply.

10.2 If you are a trader, a legal entity of public law or a public special asset, the place of jurisdiction is Bad Oeynhausen. However, we reserve the right to alternatively file complaints at the general place of jurisdiction.

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