1 Scope of Application
2 Access and Registration
3 Functions, Responsibility
4 Rights of Use
5 Term, Cancellation, Suspension
6 Warranty and Liability
7 Data Protection
8 Final Provisions
1 Scope of Application
1.1 These Terms and Conditions of Use shall govern the relationship between i3 Membrane GmbH, Christoph-Seydel-Straße 1, 01454 Radeberg (hereinafter referred to as “i3 Membrane”) and the user for all agreements concluded via the i3 Membrane website or offered in any other way using the i3 trackApp.
1.2 i3 Membrane operates the i3 trackApp as a software solution for safe, efficient, and easy filter replacement. The planning, implementation, and documentation of filter replacement can be organized and carried out quickly, safely, and in a structured and paperless manner using the app. Directions, the number of filters required, and deadlines can be recorded in full and clearly displayed for documentation of the water points.
1.3 Users must be registered and accept these Terms and Conditions of Use in order to use the i3 trackApp. Any deviating general terms and conditions on the part of the user shall not apply. They shall also not apply if the user transmits such to i3 Membrane or refers to them in communication with i3 Membrane or elsewhere and i3 Membrane does not object to them.
1.4 The user warrants that the user operates a commercial business or acts as a merchant in legal transactions and/or is treated as such (e.g., freelancers). Verification of such may be provided by supplying a value added tax identification number upon request by i3 Membrane. Private individuals shall be excluded from use of the app.
2 Access and Registration
2.1 The user shall have the option of obtaining a user account assigned by i3 Membrane for use of the i3 trackApp and thus the functions for managing and organizing filter changes.
2.2 i3 Membrane offers the user a right to use the software in accordance with Subclause 3.1. Use and registration shall be free of charge for the user. Registration shall be confirmed by i3 Membrane by sending the user an e-mail containing the access data to the e-mail address provided during registration. The user may then download the app to the user’s end devices in accordance with the options provided. In addition, i3 Membrane shall have the option of offering the user any additional functions for the i3 trackApp that are subject to a fee following registration.
2.3 The data requested in the registration form shall be provided in a complete and correct manner, unless such is marked as optional. The use of pseudonyms or other fictitious names in the form shall not be permitted. If the data collected changes following registration, then the user shall be obliged to immediately update the user’s profile or to provide i3 Membrane with the changed data in some other manner.
2.4 Users shall keep their password secret and carefully secure access to their user account. Users shall be obliged to immediately inform i3 Membrane if there are indications that a user account has been misused by third parties.
3 Functions, Responsibility
3.1 i3 Membrane offers the technical capability in order to display information and to manage and organize filters. i3 Membrane also provides storage space for any content and data entered by the user. Transfer of the source code of the app software shall not be an integral component of the agreement.
3.2 This allows digital content to be created and managed in the user’s own account area in the user’s installed app.
3.3 The respective user shall be responsible for ensuring that any content provided by the user is completely free of third-party rights and that such content is also legally appropriate and may be made available for such use. The same shall apply to content and data that the user transmits via any interfaces on the user’s own responsibility.
3.4 Each user shall be obliged to create and maintain on the user’s content on the user’s own responsibility and be liable for any legal obligations and any statements made in the user’s descriptions and presentation of content, and the user shall be responsible for proper management of such in accordance with the user’s own contractual relationships. The user shall be obliged to fulfill the user’s statutory obligations.
3.5 The user shall indemnify i3 Membrane against any and all claims, including claims for damages, asserted by third parties against i3 Membrane due to an infringement of their rights by the content transmitted and/or published by the user within the app. The user shall bear all reasonable costs incurred by i3 Membrane as a result of such infringement of third-party rights, including reasonable costs incurred for legal defense. Any other rights and claims for damages by i3 Membrane shall remain unaffected.
3.6 The user shall immediately notify i3 Membrane upon detection of any malfunctions of the app and support i3 Membrane to a reasonable extent in determining the malfunction and its causes.
3.7 The user shall be responsible for archiving documents and information created and viewable with the app that is required by the user for the purposes of preserving evidence, accounting, etc. on a storage medium independent of the app.
3.8 i3 Membrane shall provide the technical capability to use the app functions. Any contractual agreements between users and third parties when using the app shall be concluded between the respective parties. The respective user shall be responsible for the completeness, accuracy, and validity of legal declarations.
3.9 i3 Membrane shall have the right to technically edit, prepare, and adapt the functional content of the app so that it can be displayed on mobile devices or software applications, including those of third parties. i3 Membrane reserves the right to supplement the app with any further interfaces and improve technical functions at its own discretion in the future. Functions may also be removed at the discretion of i3 Membrane. If a change to paid services adversely affects the legitimate interests of the user (e.g., in the event of a significant change in performance to the detriment of the user), then i3 Membrane shall notify the user of such change in services in writing or by electronic means before it takes effect and indicate in this notification a special right of termination as set out below and the consequences of not exercising the right of termination. In this case the user shall be entitled to terminate the agreement prematurely with a period of notice of 14 days to the date on which the change takes effect (special right of termination).
3.10 The user must have a suitable IT device and Internet access in order to use the access provided by i3 Membrane. It is the sole responsibility of the user to ensure that these requirements are met.
3.11 The user shall conclude separate agreements with third-party providers who afford the user access via any interfaces. i3 Membrane can only provide a technical means of connection and access with the respective software solution. The user shall be responsible for configuration of the services agreed between them.
3.12 i3 Membrane may check or have use of the app checked at any time in order to ensure that such is permissible. If i3 Membrane suspects that use of the app violates the General Terms and Conditions, statutory provisions, or the rights of third parties, then i3 Membrane may prohibit use of the app at any time without stating a reason and without this entailing any obligations on the part of i3 Membrane, and may exclude the user from use.
4 Rights of Use
4.1 The copyright and exclusive right of use for published objects created by i3 Membrane (app software including interfaces, websites, scripts, programs, graphics) remain solely with i3 Membrane.
4.2 Upon registration and establishment of a user relationship through the provision of the app, the user receives a simple, spatially unlimited right to use the app in accordance with the agreed scope for the user’s own purposes only for the term of the usage agreement. No further rights shall be granted, in particular the right to reproduce the app beyond the scope required for contractual use. Any rights arising out of Sections 69 d Paragraphs 2 and 3, 69 e of the German Act on Copyright and Related Rights [UrhG] shall remain unaffected.
4.3 Further commercial or industrial use vis-à-vis third parties or public display, reproduction or use of elements of the app in other electronic or printed publications, in particular on other websites, shall not be permitted without the express consent of i3 Membrane.
4.4 i3 Membrane shall be entitled to collect and use data and usage patterns in connection with the app for its own purposes, in particular for statistical evaluations, to optimize the underlying app solution, and for IT security purposes. i3 Membrane shall ensure that no trade secrets belonging to the customer are misused or data protection regulations are violated in the process. If any use conflicts with another contractual provision, then this may be justified with the customer’s consent. Such use may be carried out by automated processes and by employees and vicarious agents of i3 Membrane. The user warrants that the user is in possession of the rights required in order to assign the aforementioned right of use to i3 Membrane.
5 Term, Cancellation, Suspension
5.1 The usage arrangement may be cancelled at any time in writing.
5.2 If i3 Membrane provides an option for electronic cancellation, then the user also has the right to use this option for effective cancellation.
5.3 i3 Membrane may take the following measures if there are indications that a user is violating statutory regulations, the rights of third parties or these Terms and Conditions, or if i3 Membrane has any other significant legitimate interest, in particular in protecting other users from fraudulent or security-related activities:
a) deletion of content;
b) warnings to users;
c) restriction of use;
d) temporary suspension;
e) permanent suspension.
When selecting the measure, i3 Membrane takes into account the legitimate interests of the user concerned.
6 Warranty and Liability
6.1 Liability for defects shall be governed by German statutory provisions.
6.2 Since i3 Membrane provides services free of charge through the app, i3 Membrane shall only be liable for damage caused by gross negligence or intent.
6.3 No liability for defects shall be assumed for any open source software used, as no rights of use are transferred by i3 Membrane in this case. Liability on the part of i3 Membrane is therefore excluded due to the specific nature of open source software.
6.4 In the event of data loss caused by i3 Membrane through intent or gross negligence, i3 Membrane shall only be liable for the costs of reproducing the data from backup copies to be created by the user and for restoring the data that would have been lost even if the data had been properly backed up.
6.5 There is no entitlement to use the free app. I3 Membrane reserves the right to change, expand, or discontinue the app at any time. This does not result in any liability on the part of the user toward i3 Membrane.
6.6 In the event of technical malfunctions in particular, i3 Membrane shall endeavor to provide a remedy, but cannot guarantee continuous usability and availability, especially on all end devices or operating systems.
6.7 i3 Membrane shall be entitled to carry out security-related updates for the app. The customer shall install and implement any updates, program releases, bug fixes, and measures received or communicated by i3 Membrane for the app.
7 Data Protection
7.1 Within the scope of applicable data protection laws [GDPR] with regard to controllers the user shall be responsible for processing any personal data entered and stored in the app by the user that does not involve a direct relationship between i3 Membrane and the user and that is independent of instructions. The user is instructed not to enter any personal data into the app or use such with the app – the only exception shall be the e-mail address provided during registration insofar as it contains personal data. Personal data will only be passed on to third parties with consent or within the scope of the agreed purposes.
7.2 The e-mail address provided by the user during registration will be used to send reports within the scope of the app functions, unless otherwise agreed between the contracting parties.
7.3 If the user has concluded a contract for services provided by i3 Membrane, then i3 Membrane will offer the user information about its own similar services via the e-mail address provided when the contract was concluded (Section 7 III of the German Act against Unfair Competition [UWG]). The user may object to this at any time.
8 Final Provisions
8.1 The relations between the contracting parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 The contract language shall be German. In the event of different language versions the German text of these Terms and Conditions shall prevail.
8.3 i3 Membrane shall be entitled to make changes to the Terms and Conditions of Use or other conditions. Changes shall be communicated to the user by e-mail at least two weeks before they come into effect. The changes shall take effect if the user does not object within a period of two weeks after receiving notification of the changes and i3 Membrane has informed the user of this legal consequence in the notification of changes.
8.4 The place of performance and exclusive place of jurisdiction for any and all disputes arising out of or in connection with this agreement shall be the principal place of business of i3 Membrane.