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 Cooperation”

Version 1.1 / As of January 2021

1. Provider and Scope of the Terms of Use

1. The web app UniNow Cooperation (hereinafter “App”) is operated by UniNow GmbH, represented by managing directors Tobias Steenweg and Stefan Wegener, Dorotheenstraße 10, D-39104 Magdeburg (hereinafter: “Provider”). The App enables the configuration of a selected university with regard to its functions and presentation in the UniNow App.
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. Upon commencement of 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; this version is also available on the App or on the Provider’s website at www.uninow.de.

2. Subject Matter of Contract, Services, Availability

1. The Provider makes available to the user – where applicable after completing registration – the possibility to configure the modules available in the UniNow App and to set the corporate design of the university.
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 paid additional functionalities (in-app purchases). The use of such paid functionalities shall always be voluntary for the user.
3. The Provider reserves the right, without notice and at any time, to remove, delete or block certain content, in particular if third parties request this, for example by notifying the Provider of unlawful content.
4. The free-of-charge usage options may be adapted at any time without prior notice, either expanded or discontinued.
5. The user does not acquire any right to the existence, continued existence or future establishment of specific functionalities and usage options.
6. The Provider does not guarantee any specific availability for the free-of-charge use of the platform. The Provider endeavours to enable the highest possible 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, the maintenance of network integrity, in particular the prevention of serious disruptions to the network, the software or stored data, so requires.

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 the right to use the App by the Provider. Only adult and fully legally capable natural persons, or those acting with the permission of their legal representative, are entitled to use the App.
3. For security reasons, the user is required to choose a password of at least eight characters that 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 use the App. The account includes the simple, freely revocable at any time and non-transferable authorisation to use the App within the scope of availability.
2. The Provider is authorised to delete accounts if information 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 the separate data protection consent declaration must be observed. These can be accessed at any time via the App.
2. Upon commencement of use of the App, at the latest upon registration, the user acknowledges that they have taken note of this separate privacy policy and expressly consents 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 authorised to delete or block accounts if there are actual indications giving rise to the suspicion that

• the user has committed or is committing legal violations via or using the App;
• the user intentionally violates these Terms of Use in any other way.

This list is not exhaustive. The Provider reserves the right to delete or block accounts for further reasons.

2. The Provider shall give appropriate consideration to the user’s interests, in particular in light of the severity of the violation or suspicion, when making its decision.
3. In cases of doubt, the burden of proof lies with the user. The user must demonstrate and prove that, contrary to the Provider’s suspicion, they have acted in accordance with applicable law and these Terms of Use, and that no grounds for deletion or blocking exist.
4. Notwithstanding the authorisation to delete or block the account, the Provider remains authorised to terminate the contractual relationship with the user in its entirety and/or to assert other 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 obligations, the user shall indemnify the Provider from liability towards third parties. The user shall reimburse the Provider for any damage thereby incurred, upon evidence. This does not apply if the user is demonstrably not responsible for the breach of obligation.

8. Duration of Use

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

9. Cessation of the Provider’s Activity

1. With respect to free-of-charge functionalities, the user has no entitlement to use and access.
2. The Provider is authorised at any time, with respect to free-of-charge functionalities, to suspend the provision of content and the granting of access to the App for an indefinite period or to terminate them permanently.

10. Liability of the Provider

1. The Provider (including vicarious agents and employees of the Provider as well as companies affiliated with the Provider) is only liable for damages based on wilful misconduct or gross negligence.
2. The Provider (including vicarious agents and employees of the Provider 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 vicarious agents and employees of the Provider 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. Amendments to the Terms of Use

1. The Provider reserves the right to amend the Terms of Use. The user will be expressly informed of amendments in an appropriate manner and will be drawn to the – highlighted – amended passages. As a rule, notification is provided by publication within the App. However, the Provider generally reserves the right to decide how the user is informed of the amendments.
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 shall apply from that point. The Provider undertakes, when informing users of the changes, to expressly draw the user’s attention to the significance of this behaviour.
3. In the event of a timely objection by the user, the Provider is authorised to terminate the user’s right to use the App at the point in time at which the revised Terms of Use are to come into force.

12. Rights in the Platform

1. All trade mark rights, rights in business designations, name rights, brand rights, copyright, related rights and other rights in the App, its individual graphic and textual elements and its functionalities and services belong solely to the Provider and may not be used, distributed, copied, reproduced, made publicly available, performed, broadcast or otherwise exploited without the Provider’s prior written consent.
2. No transfer of exploitation rights or other rights to the user takes place.

13. Severability Clause

Should any of the provisions regulated 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 domicile shall prevail regardless.
2. The place of performance is the registered office of the Provider.
3. Rights and obligations under 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 finally determined by a court of law.