Hint: This document has been automatically translated from German. The original version in German is legally binding. You can find the version here.

Terms of Use for the Use, Registration and Participation in the Web App “UniNow Account”

Version 1.1 / As of January 2021

1. Provider and Scope of the Terms of Use

1. The web app UniNow Account (hereinafter “App”) is operated by UniNow GmbH, represented by the managing directors Tobias Steenweg and Stefan Wegener, Dorotheenstraße 10, D-39104 Magdeburg (hereinafter: “Provider”). The App enables the management of the UniNow Account and the associated devices.
2. These Terms of Use apply to all users of the App (hereinafter: users). They govern the terms of use between the Provider and the user.
3. By commencing use, at the latest upon registration, the user agrees to the exclusive application of these Terms of Use.
4. The version of the Terms of Use current at the time of use or registration shall apply, which is also available on the App or on the Provider’s website at www.uninow.de.

2. Subject Matter, Services, Availability

1. The Provider makes available to the user – where applicable after completing registration – the option to manage their UniNow Account and the associated devices. The UniNow Account enables access to further services of UniNow GmbH, which can also be managed via this App.
2. Registration and use of the App is generally free of charge. However, the Provider reserves the right to expand the App in the future with additional paid functions (in-app purchases). The use of such paid functions is always voluntary for the user.
3. The Provider reserves the right to remove, delete or block certain content at any time, even without notice, in particular when third parties request this, for example by reporting unlawful content.
4. The free options for use may be adapted at any time without notice, i.e. either expanded or discontinued.
5. The user does not acquire any entitlement to specific functions and options for use existing, remaining in existence or being established in the future.
6. The Provider does not guarantee any specific availability for the free use of the platform. The Provider endeavours to enable a maximum level of availability within its sphere of influence.
7. The Provider may at any time restrict access to the services if the security of network operations, maintaining network integrity – in particular the prevention of serious disruptions to the network, software or stored data – requires this.

3. Registration, Password

1. The user may be required to register in advance in order to use the App or view content.
2. There is no entitlement to registration or to being granted use of the App by the Provider. Only adult and fully legally competent natural persons, or persons acting with the permission of their legal representative, are authorised to use the App.
3. For security reasons, the user is obliged to choose a password that has at least eight characters and includes at least one upper case letter, one lower case letter, one digit and one special character.

4. Account

1. The user receives – where applicable as part of the registration process – an account, i.e. access to the App. The account includes the simple, freely revocable at any time and non-transferable authorisation to use the App within the scope of its availability.
2. The Provider is entitled to delete accounts if data provided proves to be false or if there is reasonable suspicion that individual details are false.

5. Data Protection, Explicit Consent to Data Processing

1. In addition to these Terms of Use, the Provider’s separate Privacy Policy and separate data protection consent declaration must be observed. These can be accessed from the App at any time.
2. By commencing use of the App, at the latest upon registration, the user declares both that they have taken note of this separate Privacy Policy and their explicit consent to the processing of their personal data as set out in the separate data protection consent declaration.

6. Deletion or Blocking of Accounts by the Provider

1. The Provider reserves the right to exclude individual users. The Provider is entitled to delete or block accounts if there are factual indications that give rise to suspicion that

• the user has committed or is committing infringements of law via or with the help of the App;
• the user is otherwise wilfully breaching these Terms of Use.

This list is not exhaustive. The Provider reserves the right to cite further reasons for the deletion or blocking of accounts.

2. The Provider will give appropriate consideration to the user’s interests, in particular in light of the severity of the infringement or the suspicion, when making its decision.
3. In cases of doubt, the burden of proof lies with the user. The user must set out and demonstrate that, contrary to the Provider’s suspicion, they have acted in accordance with applicable law and these Terms of Use, or that no grounds for deletion or blocking exist.
4. Irrespective of the entitlement to delete or block the account, the Provider remains entitled to terminate the contractual relationship with the user in its entirety and/or to assert other further claims, in particular claims for damages.

7. Damages, Indemnification

1. The user shall compensate the Provider for any damage arising from a culpable breach of the user’s obligations.
2. In the event of a culpable breach of duty, the user shall indemnify the Provider from liability to third parties. The user shall reimburse the Provider for any damage incurred as a result, upon proof. This does not apply where the user demonstrably bears no responsibility for the breach of duty.

8. Duration of Use

The option to use the App exists for an indefinite period.

9. Cessation of the Provider’s Activity

1. The user has no entitlement to use of and access to free functions.
2. The Provider is entitled at any time to interrupt the provision of content and the granting of access to the App in respect of free functions, or to terminate them for an indefinite period or permanently.

10. Liability of the Provider

1. The Provider (including the Provider’s vicarious agents and employees as well as companies affiliated with the Provider) is only liable for damages arising from intentional or grossly negligent conduct.
2. The Provider (including the Provider’s vicarious agents and employees as well as companies affiliated with the Provider) is also liable for damages arising from slightly negligent breaches of material contractual obligations, but in such cases limited to the foreseeable typical average damage.
3. The Provider (including the Provider’s vicarious agents and employees as well as companies affiliated with the Provider) is always liable for damages to life, body and health, as well as under the Product Liability Act.

11. Changes to the Terms of Use

1. The Provider reserves the right to amend the Terms of Use. The user will be expressly informed of the changes in an appropriate manner and drawn to the – highlighted – amended passages. As a rule, notice is given by publication within the App. However, the Provider generally reserves the right to decide how the user is made aware of the changes.
2. If the user does not indicate within six (6) weeks of being informed of the new version that they do not accept the new version, this constitutes tacit consent and the new version applies from that point in time. The Provider undertakes, when informing the user of the changes, to specifically draw the user’s attention to the significance of their conduct.
3. In the event of a timely objection by the user, the Provider is entitled to terminate the user’s option to use the App at the time at which the amended Terms of Use are to come into force.

12. Rights to the Platform

1. All trade mark rights, rights to business designations, name rights, trademark rights, copyright, related rights and other rights to the App, its individual graphic and textual elements and its functions and services belong exclusively to the Provider and may not be used, distributed, copied, reproduced, made publicly accessible, performed, transmitted or otherwise exploited without the prior written consent of the Provider.
2. No transfer of exploitation rights or other rights to the user takes place.

13. Severability Clause

Should any of the provisions governed herein be or become invalid, the validity of the remaining provisions shall not be affected thereby.

14. Governing Law, Place of Performance, Assignment, Set-Off

1. These Terms of Use are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the user acts as a consumer, the mandatory consumer protection law applicable in their country of residence shall always take precedence, irrespective of the foregoing.
2. The place of performance is the registered office of the Provider.
3. Rights and obligations arising from these Terms of Use may not be assigned or otherwise transferred without the prior consent of the other party.
4. The user may only declare a set-off against counterclaims that are undisputed or have been established by final judgment.