General Terms and Conditions of Use for the FRIAMAT APP

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1. Scope

  1. Any use of the application (App) being offered by Aliaxis Deutschland GmbH for mobile devices is only permitted on the basis of these conditions. Aliaxis Deutschland GmbH reserves the right to supplement these terms at any time or to change them. By using the App, the user acknowledges the validity of the terms and conditions of use in the respective valid version.
  2. The App is aimed at commercial users, i.e. companies and commercial freelance or public corporations. In this respect, Article 312 i para. 1 clause 1 No. 1-3 of the German Civil Code (BGB) is not mandatory.
  3. The respective user acknowledges the fact that he will use the App only for purposes relating to his company or corporate enterprise on whose behalf he is acting and declares by using the App that he is entitled to represent the company or corporate body accordingly.

2.  Range of functions of the App

With the App, the user can establish a connection to FRIAMAT welding machines and operate the control function of these devices. As part of the use of the App, the user can transfer technical data about the welding process to the App. Furthermore, photos, localisation data and comments can be added accordingly. In addition, the user has the option of summarising the data which has been entered in a documentation of the process. For this purpose, the data is transferred to a server of Aliaxis Deutschland GmbH, processed there and made available as a download in various formats, currently as PDF, CSV, photo or text files. The transmission takes place from there by e-mail to an e-mail address to be specified by the user as a download link. This download link is active for a maximum of 30 days. The functional and usage scope of the App depends on the configuration and performance of the user’s mobile device.

3.  Availability

In order to use the App, an existing and functioning Internet connection, the Internet itself as well as an EDP system working in the background is required. In this respect, Aliaxis Deutschland GmbH cannot guarantee the constant availability of the App.

4. Personal data / Registration procedure

In order to use the App, no registration procedure is required. The user undertakes to observe the relevant data protection laws. The privacy policy of Aliaxis Deutschland GmbH is regulated in a separate document, which can be retrieved from the App at any time.

5. User behaviour

The user is not permitted:

  1. To violate the accepted principles of morality by his user behaviour when using the App, to infringe upon industrial protection, copyright , personal as well as property rights or other rights of third parties or Aliaxis Deutschland GmbH.
  2. To transmit any malware via the contents of the App.
  3. To save contents in the App or the connected storage media for which non-disclosure of the user is required.
  4. To save or distribute unlawful content as part of the App.
  5. To use the App for any kind of advertising.
  6. Aliaxis Deutschland GmbH is entitled to exclude the user from using the App if violations of the user are detected.

6. User rights

  1. Aliaxis Deutschland GmbH grants the user the use of the App. This is a non-exclusive and non-assignable right to use the information, software, documentation and features provided in the App to the extent which corresponds to the purpose of the App.
  2. The user may use the App as part of his entrepreneurial, commercial or official activity. However, the user is not allowed to resell his user rights of the App to third parties.
  3. The respective information, the software and the documentation are protected by copyright. The user will observe the copyrights of Aliaxis Deutschland GmbH which are available on this App. In particular, the user will not further develop the App himself or use it as a basis for his own development and will also not change the program code of the App.
  4. Article 69 a. ff. of the Copyright Act shall otherwise remain unaffected.
  5. Any exploitation, use, supplementation, sale, rental, duplication of the App without the prior written consent of Aliaxis Deutschland GmbH is prohibited in any case.
  6. The user shall not be granted any user rights which correspond to the purpose of the App; in particular, the user shall not be granted any rights to the company name or commercial copyrights. Aliaxis Deutschland GmbH itself is also not obliged to grant any respective rights.
  7. The data transmitted by the user to Aliaxis Deutschland GmbH is stored by Aliaxis Deutschland GmbH and evaluated for purpose of technical assistance, the development of new services and products, statistics and to carry out sales supporting measures.
  8. This data may also be passed on to other companies within the ALIAXIS Group for evaluation purposes. Within our group of companies, guidelines have been concluded for the lawful handling of personal data.
  9. Insofar as the user of Aliaxis Deutschland GmbH has sent suggestions and ideas for the further development of the App, Aliaxis Deutschland GmbH may use them gratuitously for further development of the App.

7. Liability for defects of quality and title

  1. The use of the App is currently free. Liability for defects of quality and title of the information, software and documentation, in particular for their accuracy, freedom from errors, freedom from intellectual property rights of third parties, completeness and/or usability is excluded. This exclusion does not apply to wilful intent and malice.
  2. Aliaxis Deutschland GmbH assumes no responsibility for the completeness of data contained in the App documentation.
  3. The disclaimer of liability does not apply to liability under the Product Liability Act due to wilful intent, gross negligence, injury to life, body or health, assumption of a quality guarantee, fraudulent concealment of defects or the breach of essential contractual obligations.
  4. In the event of an essential breach of contract, damages shall be limited, however, to the contractually typical and foreseeable damage in so far as no wilful misconduct or gross negligence exists.
  5. Aliaxis Deutschland GmbH cannot guarantee that the App is free of viruses or malicious software. Nevertheless, Aliaxis Deutschland GmbH shall take all the appropriate precautions in order to prevent infestation of the App with malware.

8.  Applicable law, place of jurisdiction, side agreements

  1. The place of jurisdiction shall be Mannheim.
  2. German law shall apply excluding the UN sales law.
  3. Side agreements require to be made in writing for their validity.
  4. The App is operated and managed under the responsibility of Aliaxis Deutschland GmbH.
  5. The App takes into account the legal requirements applicable at the registered headquarters of Aliaxis Deutschland GmbH.
  6. Aliaxis Deutschland GmbH cannot assume responsibility for the fact that information, the software and documentation from the App, as well as the use of the App also in other countries is legally permitted.
  7. The user is responsible for checking and observing compliance with the legal requirements at his place of residence.

 
Mannheim, April 2019