Terms of Use

1. Scope of application
2. Access and registration
3. Functions, responsibility
4. Rights of use
5. Term, termination, blocking
6. Warranty and liability
7. Data protection
8. Final provisions

1. Scope of application

1.1 These Terms of Use 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 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 app allows you to plan, implement, and document filter replacement quickly, safely, and in a structured and paperless manner. Route lists, the number of filters required, and appointments can be recorded in full and clearly displayed for documentation of the water points.

1.3 To use the i3 trackApp, users must be registered and accept these terms of use. Any deviating general terms and conditions of the user shall not apply. They shall also not apply if the user transmits them 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 assures that they operate a commercial business or act as merchants in legal transactions and/or are treated as such (e.g., freelancers). Proof of this can be provided by supplying a VAT identification number upon request by i3 Membrane. Private individuals are excluded from using the app.

 

2. Access and registration

2.1 The user has the option of obtaining a user account assigned by i3 Membrane for use with the i3 trackApp, which provides functions for managing and organizing filter changes.

2.2 i3 Membrane offers the user a right to use the software in accordance with Section 3.1. Use and registration are free of charge for the user. Registration is confirmed by i3 Membrane by sending the user an email with the access data to the email address provided during registration. The user can then download the app for their end devices in accordance with the options provided. In addition, i3 Membrane has the option of offering the user any additional paid features for the i3 trackApp after registration.

2.3 The data requested in the registration form must be provided completely and correctly, unless and insofar as it is marked as voluntary information. The use of pseudonyms or other fictitious names in the form is not permitted. If the data collected changes after registration, the user is obliged to update their profile immediately or to otherwise communicate the changed data to i3 Membrane.

2.4 Users must keep their password secret and carefully secure access to their user account. They are obliged to inform i3 Membrane immediately if there are indications that a user account has been misused by third parties.

 

3. Functions, responsibility

3.1 i3 Membrane provides the technical capability to display information and to manage and organize filters. i3 Membrane also provides storage space for any data and content entered by the user. Transfer of the source code for the app software is not part of the contract.

3.2 This allows digital content to be created and managed in your own installed app in your own account area.

3.3 The respective user is responsible for ensuring that any content they provide is completely free of third-party rights and is also legally suitable for such use and may be made available. The same applies to data and content that the user transmits via any interfaces on their own responsibility.

3.4 Each user is obliged to create and manage their content on their own responsibility and is liable for corresponding legal obligations and any statements in their descriptions and content presentation, and it is their responsibility to manage this properly in accordance with their own contractual relationships. They are obliged to fulfill their legal obligations.

3.5 The user indemnifies i3 Membrane against all claims, including claims for damages, asserted against i3 Membrane by third parties due to an infringement of their rights by the content transmitted and published by the user within the app. The user shall bear all reasonable costs incurred by i3 Membrane as a result of this infringement of third-party rights, including reasonable costs incurred for legal defense. All further rights and claims for damages by i3 Membrane remain unaffected.

3.6 The user must inform i3 Membrane immediately after becoming aware of any malfunctions in the app and assist i3 Membrane to a reasonable extent in identifying the malfunction and its causes.

3.7 The user is responsible for archiving documents and information created and viewed with the app that they need for purposes such as preserving evidence, accounting, etc., on a storage medium independent of the app.

3.8 i3 Membrane provides the technical capability to use the app functions. Any contractual agreements between users and third parties when using the app are concluded between the respective parties. The respective user is responsible for the completeness, accuracy, and validity of legal declarations.

3.9 i3 Membrane has 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 from third parties. i3 Membrane reserves the right to supplement the app with additional interfaces and improve technical functions in the future at its own discretion. i3 Membrane may also remove functions at its discretion. If a change to paid services could adversely affect the legitimate interests of the user (e.g., in the event of a significant change in performance to the detriment of the user), i3 Membrane shall notify the user of this change in service in writing or electronically before it takes effect and shall refer in this notification to a special right of termination as regulated below and the consequences of not exercising the right of termination. In this case, the user has the right to terminate the contract prematurely with a notice period of 14 days to the date on which the change takes effect (special right of termination).

3.10 In order to use the access provided by i3 Membrane, users must have a suitable IT device and Internet access. It is the sole responsibility of the user to ensure that these requirements are met.

3.11 The user concludes separate contracts with third-party providers to whom they have access via any interfaces. i3 Membrane can only offer a technical means of connection and access with the software solution. The user is responsible for the design of the service agreed between them.

3.12 i3 Membrane may check or have checked the admissibility of use at any time. If i3 Membrane suspects that use of the app violates the Terms and Conditions, legal provisions, or the rights of third parties, i3 Membrane may prohibit use of the app and exclude the user from use at any time without giving a reason and without this entailing any obligations for i3 Membrane.

 

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 by virtue of the user relationship, the user is granted a simple, spatially unlimited right to use the app in accordance with the agreed scope for their own purposes exclusively for the duration of the user agreement. No further rights are granted, in particular no rights to reproduce the app beyond the scope necessary for contractual use. Any rights arising from Sections 69 d (2) and (3) and 69 e of the German Copyright Act (UrhG) 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, is not permitted without the express consent of i3 Membrane.

4.4 i3 Membrane is 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 reasons. i3 Membrane will ensure that no trade secrets of the customer are misused or data protection regulations violated in the process. If a use conflicts with another contractual provision, it can be justified with the customer’s consent. This use can be carried out by automated processes and employees and vicarious agents of i3 Membrane. The user ensures that they have the necessary rights to transfer the aforementioned right of use to i3 Membrane.

 

5. Term, termination, blocking

5.1 The usage agreement may be terminated in writing at any time.

5.2 If i3 Membrane provides an option for electronic termination, the user also has the right to use this option for effective termination.

5.3 i3 Membrane may take the following measures if there are indications that a user is violating legal regulations, the rights of third parties, or these terms and conditions, or if i3 Membrane has any other significant legitimate interest, in particular to protect other users from fraudulent or security-related activities:
a) Deleting content,
b) Warning users,
c) Restriction/limitation of use,
d) Temporary suspension,
e) Permanent suspension.
When choosing the measure, i3 Membrane takes into account the legitimate interests of the user concerned.

 

6. Warranty and liability

6.1 Liability for defects is governed by German law.

6.2 Since i3 Membrane provides services free of charge through the app, i3 Membrane is only liable for damages caused by gross negligence or intent.

6.3 There is no liability for defects in 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 be liable exclusively for the costs of duplicating the data from the 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 offering at any time. This does not result in any liability on the part of the users towards i3 Membrane.

6.6 In particular, i3 Membrane endeavors to remedy technical malfunctions, but cannot guarantee continuous usability and availability, especially on all end devices or operating systems.

6.7 i3 Membrane is 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 The user is responsible for processing the personal data entered and stored by them within the app that does not concern a direct relationship between i3 Membrane and the user that is independent of instructions, in accordance with the applicable data protection laws (GDPR). The user is instructed not to enter any personal data into the app and not to use it with the app – the only exception is the email address provided during registration, provided that 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 email 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 parties.

7.3 If the user has concluded a contract for services provided by i3 Membrane, i3 Membrane will offer the user information about its own similar services via the email address provided when the contract was concluded (§ 7 III UWG). The user may object to this communication at any time.

 

8. Final provisions

8.1 The relations between the contracting parties shall be governed by the laws applicable in the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2 The contract language is German. In the event of different language versions, only the German text of these terms and conditions shall be authoritative.

8.3 i3 Membrane is entitled to make changes to the terms of use or other conditions. Changes will be communicated to the user by email at least two weeks before they come into effect. The changes will take effect if the user does not object within a period of two weeks after receipt of the change notification and i3 Membrane has informed the user of this legal consequence in the change notification.

8.4 The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is the registered office of i3 Membrane.