General terms and conditions of business and use
for our HAPTUAL-App
By downloading, installing or using the HAPTUAL App, you agree to the following General Terms and Conditions of Business and Use. With your consent, we grant you the following rights of use.
1. Scope of application
1.1 Our General Terms and Conditions of Business and Use apply to the use of our HAPTUAL App, to the provision of the HAPTUAL App services and to all declarations of intent, contracts and legal or quasi-business transactions between us, Haptual GmbH, and you as the end user.
1.2 Our General Terms and Conditions of Business and Use shall also apply in the event that you use conflicting terms and conditions; this shall also apply if we do not expressly object to your terms and conditions of business. Verbal collateral agreements do not exist.
1.3 You warrant that you are resident in Germany and that you are of legal age and have unlimited legal capacity, and that, if you act as a representative, you have the appropriate power of representation.
1.4 We reserve the right to amend or supplement these General Terms and Conditions of Business and Use for the future, as the development of the HAPTUAL App and the services it offers are in a dynamic process.
2 Copyright, trademark and other intellectual and industrial property rights
2.1 We, Haptual GmbH, and our licensors are the sole owners of the copyrights or rights of use and other industrial property rights to the HAPTUAL App.
2.2 We, our licensors, our contractual partners and other third parties reserve the respective rights to the information and content made available within the framework of the HAPTUAL App and its services. All company logos, names, copyrights, trademarks or other intellectual or industrial property rights are the property of their respective owners.
2.3 You undertake to observe the rights in each case and to use them only to the extent granted to you under these General Terms and Conditions of Business and Use.
3. Granting of simple rights of use and discontinuation of services
3.1 We hereby grant you a non-exclusive and non-transferable right to use the HAPTUAL App for its intended purpose in accordance with our General Terms and Conditions of Business and Use.
3.2 Further rights are expressly not granted to you. In particular, you are not permitted to grant sub-licenses of the HAPTUAL App or parts thereof, to distribute the HAPTUAL App or parts thereof or to use it for purposes other than its intended use.
3.4 The above rights are granted free of charge. This does not include the services of third parties connected with the use of the HAPTUAL App, such as mobile phone or data transfer costs.
3.5 You have no claim to the download or to the spatial or temporal availability or further use of the HAPTUAL App and its services. We reserve the right to change, restrict or discontinue the operation of the HAPTUAL App, the associated services and further development at any time without obligation to provide information.
3.6 We may revoke the granting of usage rights at any time for the future.
4) Intended use and exercise of the rights of use
4.1 With the HAPTUAL-App you can use the integrated image recognition software to scan motifs with the HAPTUAL badge on posters, flyers, products and packaging as well as catalogues, magazines, brochures, etc. and experience digital information and contents of Haptual GmbH and our contractual partners.
4.2 Our HAPTUAL app is intended exclusively for personal use by you as an end user. Commercial use is not permitted. The HAPTUAL app may not be misused to disseminate content that is relevant under criminal law or to infringe other rights of third parties (e.g. also industrial property rights, copyrights and personal rights).
4.3 The HAPTUAL-App may not be reproduced, edited or otherwise redesigned, modified, reverse-engineered, decompiled or in any other way identified as source code or derivative works, in whole or in part, unless this is permitted by law.
4.4 An infringement may result in civil and criminal prosecution. We and our contractual partners reserve the right to exercise all rights. You undertake to indemnify Haptual GmbH against any claims by third parties which may be asserted as a result of your fault due to unlawful use of the HAPTUAL App and the associated services. You are obliged to inform us immediately of any claims made by third parties due to illegal use.
5. Data protection
The collection, storage and processing of personal data is governed by our [data protection regulations]. By downloading the HAPTUAL app, you expressly agree to the data protection regulations.
6.1 We do not warrant that the HAPTUAL App, its services or the information and content provided will meet your expectations or that you will achieve a particular goal.
6.2 We do not warrant that the HAPTUAL App and its services will be available to you without interruption at certain times, see Section 3.5.
6.3 If you are entitled to claim damages or reimbursement of futile expenses based on warranty, this is subject to the limitation of liability according to [7. liability].
7.1 We are only liable for damages which are within our area of responsibility.
7.2 We shall not be liable for damage resulting from unsuitable, improper or improper use of the HAPUAL App.
7.3 We shall only be liable for damage caused intentionally or by gross negligence. The limitations of liability do not apply to damages resulting from culpable injury to life, body or health or in the case of culpable violation of essential contractual obligations (so-called cardinal obligations).
7.4 Cardinal obligations are those contractual obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on, and the breach of which on the other hand endangers the achievement of the purpose of the contract.
7.5 In the event of a breach of a cardinal obligation, liability shall be limited to the typically foreseeable damage - insofar as the damage is based solely on slight negligence and does not affect life, limb or health.
7.6 In all other respects, liability - for whatever legal reason - is excluded both from us and from our vicarious agents.
7.7 Liability under the German Product Liability Act shall remain unaffected by these General Terms and Conditions of Business and Use.
8. No liability for information, contents and websites of third parties
The HAPTUAL-App may also provide you with access to information, content and websites (links) provided to us by our contractual partners or other third parties (generally referred to as "third parties") or provide you with access to websites or other services of third parties. The third parties themselves are responsible for this information, content and websites (links). We do not adopt the information, content and websites (links) as our own and do not assume any warranty or liability, in particular for the availability of products, the correctness or completeness of price or product information or the lawful execution of promotions or advertising measures (e.g. sweepstakes). Furthermore, we assume no guarantee and liability for the legality of this information, content and websites (links).
9. Other regulations
9.1 These General Terms and Conditions and the relationship between you as the end user and us, Haptual GmbH, and any disputes arising out of or in connection with the HAPTUAL App and its services shall be governed exclusively by German law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
9.2 If you are a merchant, a legal entity under public law or a public special fund or do not have a general place of jurisdiction in Germany, or if you move your place of residence or habitual abode out of Germany after agreeing to these General Terms and Conditions of Use, or if your place of residence or habitual abode is not known at the time of filing an action, the exclusive place of jurisdiction for all disputes arising from or in connection with the HAPTUAL App and its services shall be our place of business.
9.3 Should one or more provisions of these General Terms and Conditions of Business and Use be or become invalid, this shall not affect the validity of the remaining provisions.
Status: June 2016
Haptual GmbH & Co. KG