3. License:
In accordance with the Terms of Use, Fließen shall grant to the user a non-exclusive and non-transferable license (“License“) for the use of the Services.
The License shall only be granted for private and non-commercial use. The user may not decompile, reverse engineer, attempt to derive the source code, modify or create derivative works of the Services and their contents. Any such attempts shall constitute a violation of Fließen rights. In case of violation of this clause, or any other failure to comply with this article 3 by the user, Fließen reserves the right to withdraw the License and the rights of use pursuant to these Terms of Use. The defaulting user may also incur in criminal and civil damage proceedings.
This License shall be granted indefinitely. This License shall only be valid until termination pursuant to article 9 below, or until the change of ownership of the hardware products linked to the Fließen Smart System.
4. Ownership rights:
The Services and all the intellectual property rights relating to the same, such as, in particular, copyrights, trademarks and domain names, are owned by Fließen. Fließen reserves all the rights relating to the Services. The user may not remove, modify or black-out legal notices.
Fließen may use, delete or modify, without notice or author details, the images and photos (for example a layout image) created or forwarded to us by the user while using the Services.
The user shall remain the sole proprietors of all the data directly correlated to their own person, such as all personal details, like name or address.
The user shall be the only one responsible for ensuring the confidentiality of the user details received or accepted, and for immediately informing Fließen of any non-authorised use of the Services, as well as of any other breach of security.
5. Service usage costs:
Pursuant to these Terms of Use, the basic version of the Services, required for the remote control of the hardware products linked to Fließen Smart System purchased separately, (“Basic Version“) is supplied free of charge. Fließen shall also supply free of charge any updates to the Basic Version, such as bug and security patch corrections, as well as functionality improvement updates.
For a charge, Fließen may also supply additional functions as part of the Services.
To use the additional Services, the user may be asked to purchase additional functions at a preset cost (“In-App Purchases“). The conditions and costs for such purchases shall be notified at the moment of purchase. Fließen shall also clearly indicate which Services are available as In-App Purchases, and ask the user to provide payment details before purchase.
In-App Purchases may be consumable or non-consumable goods. “Consumable goods” are functions that need to be purchased at every use, and which cannot be transferred to other devices. “Non-consumable goods” are services that may be downloaded only once for multiple use, and which can be transferred to other devices.
Alternatively, some additional Services may also be made available by subscription (“Subscription“). License fees for subscriptions shall be indicated at the time of subscription. Fließen shall clearly indicate which Services are available on a subscription basis, and ask the user to provide payment details before subscription.
Subscription renewal may or may not be automatic.
6. Apple Inc. notice:
Any users downloading the Services through an Apple Inc. App Store, or an App Store of one of its partners or subsidiaries (collectively “Apple”), agrees that the these Terms of Use only apply to their agreement with Fließen, and not with Apple, and that Apple bears no responsibility in relation to the Services and their contents. Apple has no obligation to provide maintenance and support in relation to the Services. In case of failure of the Services to meet any of the applicable guarantees, the user may notify Apple, who will reimburse the mobile application purchase price. To the fullest extent of the law, Apple has no other obligation of guarantee in relation to the Services. Apple shall not be responsible for answering any complaints from the user or third parties in relation to the Services, or the possession and/or use of the Services by the user, including, as a way of example: (i) complaints due to responsibilities of the manufacturer; (ii) complaints due to non-compliance of the Services with the legal requirements or applicable standards; (iii) complaints in relation to the law for the safeguard of consumers, and similar. Apple is not responsible for the investigation, the defence, the liquidation and the resolution of any third-party claims in relation to a possible breach of the intellectual property rights of such third party, caused by the Services, and/or by the possession or use of the mobile application by the user. During use, the user agrees to comply with all applicable third-party terms. Apple and its sister companies are third-party beneficiaries of these Terms of Use. As such, following the acceptance of these Terms of Use by the user, Apple shall have the right (and it is understood that it has accepted such right) to make sure that the user complies with these Terms of Use. The user hereby declares and guarantees (i) not to be in a country subjected to embargo imposed by the USA, or designated by the USA government as a country “supporting terrorism; and (ii) not to be included in a list of the USA government of parties subjected to restrictions or bans, or a list of citizens with special designation.
7. Recommendations and advertising:
Fließen may, and the user hereby grants the relevant authorisation, forward through the Services product or service recommendations deemed to be of interest for the user, on the basis of their use of the Services. The user accepts that Fließen may include such advertising in the Services. The procedure, method and extent of advertising within the Services are subjected to modifications without notice.
8. Guarantees and responsibilities:
The user acknowledges and expressly accepts that it is not possible to develop software without any risk of malfunction whatsoever at any time during use. The user acknowledges and expressly accepts the risks connected with the use of the Services, which are common to most applications, and may include data loss, malfunctioning, or bugs etc.
8.1. Warranty
Fließen Services are covered by the following warranty terms:
8.1.1. Basic Version
The Basic Version of the Services is supplied free of charge “as it is”, without any warranty whatsoever.
The user shall have no right of warranty in relation to material defects or right defaults in relation to the quality or performance of the Basic Version.
8.1.2. In-App Purchases
The user expressly acknowledge that, like for all mobile Apps, the Services offered for a fee may never be completely exempt from bugs or defects. In case of defects of the Services purchased, due to their quality or form not meeting the description of the purchase offer, Fließen shall have, at its own discretion, the right to resolve such defects, either by replacing the defective Services, or by repairing the defects. The user shall have the right to a price discount, or to withdraw from the contract, only if Fließen fails to resolve the defect.
8.1.3. Subscriptions
The user expressly acknowledge that, like for all mobile Apps, the Services offered for a fee may never be completely exempt from bugs or defects. In case of defects in the Services provided to the user by subscription, due to their quality or form not meeting the description of the subscription offer, the user has the right to ask Fließen to resolve such defects.
8.2. Responsibilities
The following terms dealing with responsibility for damages only regulate the responsibility of Fließen for damages based on contractual and non-contractual complaints:
Fließen shall be responsible for malicious or culpable damage to the individual, life and health, in compliance with the current relevant law.
Fließen shall also be responsible for damage due to negligence or serious fault of Fließen, its representatives or agents, or for damage caused by the negligent violation of an “essential contractual obligation”, in compliance with the current relevant law. However, in such cases the responsibility shall be limited to the quantity of predictable and typical damage, unless Fließen has acted intentionally, or in case of serious fault, or if one of its representatives or agents has acted intentionally. An “essential contractual obligation” is, for the purpose of this document, an obligation specified in details in the contract, the violation of which would jeopardise the achievement of the contractual aims as such. Therefore, the term “essential contractual obligation” describes an obligation, the compliance with which is essential for the implementation of the contract itself, and which the customer can reasonably believe it will be complied with.
In addition, Fließen is legally liable pursuant to the imperative dispositions of German law relating to manufacturer’s responsibility.
For all other aspects, the responsibility of Fließen for damages is excluded. Unless otherwise indicated above, Fließen is not responsible for damages not suffered in relation to the Services themselves (e.g. loss of earnings or other merely financial losses of the customer), or for damages resulting from the violation of incidental obligations based on a contract or law, like for example illegal information, support or recommendations, or for any complaints in relation to responsibilities outside the terms of the contract.
Any limitations or exclusions of responsibility shall also extend to the personal responsibility of our employees, representatives and agents.
9. Termination of the service
The user may at any time terminate the contract in accordance with these Terms of Use by deleting their Services account. In case of cancellation of the account, no reimbursement will be given.
Fließen reserves the right to terminate the contract in accordance with these Terms of Use for just cause without notice, closing the account of the user and preventing their access to the Services, in compliance with legal requirements, in case of serious breach by the user of these Terms of Use, or any other applicably extraordinary circumstances.
10. Updates and modifications to the Terms of Use
Fließen is committed to constant innovation in order to always offer the best possible experience to its users.
The user acknowledges and accepts that the form and nature of the Basic Version of the Services offered by Fließen free of charge may change without notice. Any changes to the form and nature of the Basic Version will apply to all its versions. Some examples of modifications to the form and nature of the Basic Version are the resolution of bugs, security patches, functionality improvements, etc.
Any changes and improvements to Services supplied for a fee as indicated in article 5 will be subjected to the consent of the user.
Fließen may also ask the user to accept any changes to these Terms of Use within a set period of time. The user may accept such changes, or oppose them, within a set period of time.
11. Right of termination
The user has the right to terminate this contract within fourteen days without a reason.
The termination period shall be fourteen days from the date of stipulation of the contract (installation of the App, or other access to the Services).
In order to exercise this right, users must notify to us (Fließen Pumpen GmbH & Co. KG, via Marco Polo n. 14 – 35035 Mestrino (PD) – GERMANY; tel: +39 049 5125000; email: marketing@fliebenpumpen.com) their decision to terminate this contract by sending us a clear statement to this effect (e.g. by mail, fax or email).
In order to exercise the right of termination, simply forward a termination request before the termination date.
11.1. Consequences of the termination
Following the termination of this contract by the user, we will reimburse to the user all payments received for the Services, including any charges for the delivery of the App (with the exception of any charges resulting from the selection by the user of a delivery method different from the one offered by us), not later than fourteen days from the date of receipt of the user’s request of termination of this contract. The reimbursement shall be made using the same payment method used by the user for the original payment, unless otherwise mutually agreed. No charge will be made to the user’s account for the reimbursement.
12. Applicable law
These Terms and any use of the Services shall be regulated and interpreted pursuant to the law of the Republic of GERMANY, with the exception of some dispositions on legal disputes, and the United Nations Conventions on Contracts for the Purchase and Sale of Goods of 11th April 1980 (CISG).
The Services are controlled and managed in GERMANY by Fließen from its German facilities. Users accessing the Services from outside GERMANY shall be responsible for compliance with local laws.
13. Contact information
For any queries in relation to the Services, please contact: marketing@fliebenpumpen.com.
Last revision date: 02 March 2017
