Terms And Conditions App

Status February 2023

  1. Preamble

1.1 KOQOON GmbH & Co. KG (hereinafter also referred to as "KOQOON") is a limited liability company registered in the company register of the District Court Stuttgart under HRA 739466 with its registered office in Kirchheim unter Teck and its business address at Heinkelstraße 25, 732306 Kirchheim unter Teck, Germany.

1.2 KOQOON shall provide its customers with the "KOQOON App" (hereinafter also referred to as "Customer" or „Customers”), a software application for mobile end devices  or the provision of digital energy-based products and services of KOQOON (hereinafter also referred to as "KOQOON App").

1.3 KOQOON App serves as a tool for remote control and monitoring of the KOQOON grill.

1.4 KOQOON makes the KOQOON App available to its customers on the basis of these General Terms and Conditions (hereinafter also referred to as "GTC").

  1. Scope of application

2.1 All services provided by KOQOON in connection with the KOQOON App are provided exclusively based on these GTC in the currently valid version. It is expressly stated that only services provided by KOQOON in connection with the KOQOON App are subject to these GTC.

2.2 By using the KOQOON App, the Customer declares that it has had the opportunity to take note of the content of the GTC and that it agrees with the content of the GTC.

2.3 Any provisions deviating from or supplementing these GTC must be in writing. Otherwise, deviating, or supplementary provisions shall only apply to the respective legal transaction and not to subsequent transactions.

2.4 The subject matter of the contract is the granting of the use of the KOQOON App by the Customer for a limited period of time for the duration of the contract.

2.5 The Customer will be provided with the access data (user names and passwords) required to use the KOQOON App or he can choose these himself within the scope of the order. The Customer must keep the access data safe and secret.

2.6 Ordinary termination: Both KOQOON and the Customer may terminate the underlying contract at any time by giving one month's notice, in each case to the end of the month.

2.7 Extraordinary termination: In the event of good cause, both KOQOON and the Customer may terminate the underlying contract at any time with immediate effect.

2.8 Legal consequences of termination: Upon termination of the underlying contract, any fees owed under it shall become due immediately.

  1. Scope of services KOQOON App

3.1 KOQOON grants the Customer the use of the respective current version of the KOQOON App.

3.2 KOQOON may update and further develop the KOQOON App at any time and adapt it due to a changed legal situation, technical developments, product improvements or to improve IT security.

3.3 KOQOON does not owe any adaptation to individual needs or the IT environment of the Customer.

3.4 KOQOON is entitled to carry out technically necessary changes and unpostponable maintenance work on the KOQOON App at any time and to restrict or temporarily suspend its operation for the implementation of changes to the extent required.

3.5 KOQOON shall endeavour, when implementing changes, to achieve a maintenance of usability by the user at the time of the change of the KOQOON App in use.

3.6 KOQOON will endeavour not to make changes to the system at times of high workloads.

3.7 KOQOON shall take state-of-the-art measures to protect the data backups. KOQOON shall, however, not be subject to any custody or care obligations with regard to the data.

  1. Obligations of the Customer

4.1 The Customer undertakes not to pass on his log-in data to third parties and to keep it protected from access by third parties. Irrespective of this, the contract partner undertakes to inform KOQOON immediately as soon as it becomes known that the log-in data is being used by third parties without authorisation. KOQOON is entitled to block access to the KOQOON App if there is a justified suspicion that the login data is being used by unauthorised third parties. The contract partner will be informed of this and will be requested to change the log-in data accordingly. The access data can be changed by the contract partner at any time. KOQOON does not assume any liability for the use of the access data by the contract partner.

4.2 The Customer shall be responsible for ensuring that the KOQOON App is not used in an unlawful manner.

  1. Usage rights

5.1 KOQOON grants its Customer the non-exclusive, locally unlimited licence to use the KOQOON App. A physical transfer of the KOQOON App to the Customer does not take place.

5.2 A violation of the terms of use entitles KOQOON to prohibit the further use of the contractual works, as well as to block access to the KOQOON App immediately - without prior notice - in case of misuse.

5.3 For standard software supplied, those licence conditions shall apply which the Customer concludes directly with the respective manufacturer.

5.4 KOQOON provides the KOQOON App as an app-based solution.

5.5 Open-source software tools are also used by KOQOON. A list of these open-source software tools can be provided upon request.

5.6. The provisions of the Creativ Common License and the provisions of the Open Data Commons Open Database License are not limited by the provisions of these GTC in case of contradictions. With regard to the open source parts used in the KOQOON App, the warranty and liability limitations of the aforementioned license provisions shall apply.

  1. Copyrights

The KOQOON App distributed by KOQOON is, insofar as parts of the KOQOON App are not open-source, the intellectual property of KOQOON.

  1. Performance disruptions

7.1 KOQOON does not warrant that the KOQOON App is error-free and fully functional at all times and beyond the state-of-the-art prevailing in the professional IT industry. It is expressly stated that no guarantees and/or assumption of risk of success are given on the part of KOQOON, in particular but not exclusively with regard to a particular suitability of the KOQOON App for a specific purpose.

7.2 KOQOON does not guarantee a specific response time of the KOQOON App. Response time is understood to be the time between the sending of a request until the response of the KOQOON App is received.

7.3 KOQOON is entitled to carry out maintenance work on the KOQOON App at any time and without prior notice (by installing updates, maintaining databases and eliminating errors). The availability of the KOQOON App will be affected by the maintenance work. This maintenance work may also lead to a complete breakdown of the KOQOON App. Restrictions in the availability of the KOQOON App due to maintenance work do not entitle the contract partner to claim a reduction in his obligation to perform or a penalty.

7.4 It is expressly stated that in the event of a failure of the KOQOON App or the occurrence of errors due to defects, KOQOON is not obligated to remedy the defect within a certain time.

7.5 KOQOON does not provide any warranty for the data made available in connection with the KOQOON App.

  1. Data protection

8.1 Authentication when entering the KOQOON app and further data transmission run via encrypted HTTPS connections.

8.2 Within the scope of the use of the neoom app, personal data of Contractual Partners and/or end customers are processed. More detailed explanations can be found in the data protection declaration, available at https://koqoon.com/privacy-policy-app/.

  1. Amendment of the GTC

9.1 In accordance with the provisions of this item, KOQOON is entitled to amend the GTC at any time and without stating reasons.

9.2 KOQOON shall notify the Customer by e-mail of the entry into force of the new GTC. The new GTC are deemed to be agreed if the Customer has not objected to their validity within fourteen days after receipt of the e-mail. The objection must be made in writing and can also be made by e-mail. The Customer shall be informed in the e-mail of the possibility of objection, the deadline and the consequences of inaction. In case of a timely objection, the contractual relationship can be terminated by KOQOON as well as by the Customer.

9.3 In the event of a conflict between these GTC and the respective supplementary provisions, the supplementary provisions shall take precedence in the individual case.

  1. Miscellaneous

10.1 These GTC shall be governed exclusively by Austrian law to the exclusion of international rules of reference and the UN Convention on Contracts for the International Sale of Goods.

10.2 Should any provision of these GTC be or become legally invalid or unenforceable in whole or in part, this shall not affect the legal validity of all other business provisions.

  1. Rights of withdrawal

11.1 The Customer has the right to revoke this contract within fourteen days without giving reasons.

11.2 The withdrawal period is fourteen days from the day of the conclusion of the contract.

11.3 In order to exercise the right of revocation, the Customer must inform KOQOON (KOQOON GmbH & Co. KG, HRA 739466, Dieselstraße 4
73278 Schlierbach, Germany, info@koqoon.com) of its decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). For this purpose, the contract partner may also fill in and transmit a clear declaration electronically in the KOQOON App. If the contract partner makes use of this option, KOQOON will immediately transmit (e.g. by e-mail) a confirmation of receipt of such revocation.

11.4 In order to comply with the withdrawal period, it shall be sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

11.5 Consequences of revocation: If the Customer revokes this contract, KOQOON shall repay all payments received without delay and at the latest within fourteen days from the day on which the notification of revocation of this contract was received. For this repayment, KOQOON shall use the same means of payment that was used for the original transaction, unless expressly agreed otherwise; in no case shall fees be charged due to this repayment.

11.6 If the Customer has requested that the services begin during the cancellation period, the Customer shall pay a reasonable amount corresponding to the proportion of the services already rendered up to the point in time at which KOQOON was informed of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

  1. Liability

12.1 KOQOON is only liable for direct damage in connection with the use or use of the products and/or services offered and only if they were caused by intent or gross negligence. In the event of slight negligence, KOQOON is only liable for personal injury.

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