and Conditions of Use
Scope of application
By installing and/or using the App and/or the Web Portal, the User declares his express agreement with all provisions. If the User does not agree to these provisions, he is not authorized to use the App and/or the Web Portal.
Services of the app and web software
The App allows Users to visualize wind farms georeferenced directly on site via mobile devices using augmented reality.
Users can independently manage their accounts and access data in the App and/or via the Web Portal, as well as create and edit their own projects and visualize them.
The App and/or the Web Portal are to be used exclusively for the purpose intended by the Provider.
Operating areas of the App
The license-free workspace of the App (marked “Free” in the App) is functionally restricted and intended exclusively for non-commercial use and testing of the App.
The license-required workspace of the App (marked “Business” in the App) includes all functions and is intended for commercial use by customers and partners of the Provider.
Commercial use of the App is only allowed via the business workspace.
Commercial use of the App without a valid license issued by the Provider is prohibited in any case. The Provider reserves the right to take appropriate technical and/or legal steps at any time in the event of a violation.
The Provider makes the App available to the User for download via common online stores. The App can be used on AR-enabled devices such as smartphones and tablets of the latest generation..
In addition, the Provider makes the web portal available to the User online. This can be used via common web browsers.
The App is available in various countries selected by the Provider via online stores. The availability and distribution of the App and/or the Web Portal is constantly being expanded by the Provider.
The Provider reserves the right to restrict and/or discontinue the availability of the App and the Web Portal in individual countries at any time.
Exclusion of use for projects in the territory of Germany
The use of the App for commercial purposes for projects within the national territory of Germany is excluded. The Provider already has an exclusive partnership with a strategic partner for projects within Germany, who owns the commercial rights to use the App. Users are therefore not authorized to create, edit and/or visualize projects for commercial purposes within Germany.
The User is obliged to ensure that no commercial projects are created, edited and/or visualized with his account in the national territory of Germany. It is his responsibility to observe geographical restrictions and to ensure that the App is used for this purpose exclusively in the countries intended for this purpose and approved by the Provider.
The Provider reserves the right to take appropriate technical and/or legal steps in case of violation of this provision. This may include, but is not limited to, the deletion of illegally created projects without reimbursement of license fees.
Technical requirements App
The App is developed for Apple’s IOS operating system and/or Google’s Android operating system and is usable by means of AR-enabled end devices such as latest-generation smartphones and tablets.
The following technical parameters must be met by the end devices used:
- Augmented reality capability (hardware / software)
- Integrated GPS module (4G/5G)
- Unrestricted access to the Internet
- GPS signal coverage at the visualization location
Stability and functionality differences are depending on the end device, operating system, hardware performance and storage space and can therefore not be ruled out
Access and permissions to the App
The App is technically dependent on third-party features and services, such as Google Maps (map services) and Firebase (data host), to provide certain core functionality.
By installing and using the App, the User agrees that the App is authorized to access and interact with these services.
In addition, the App actively requires access rights to the location as well as the camera of the end device in order to function properly.
Location access allows the App to geographically locate the User and deliver location-based AR content.
Access to the camera is required to activate the AR features of the App and provide the User with an interactive and immersive experience.
By installing and using the App, the User consents to the App being able to access certain data on his end device and ensures the App’s permanent access authorization to all functions required by the App.
Permission of use and restrictions of use
The User is granted a non-exclusive, non-transferable right to use the App and/or the Web Portal in accordance with these Terms and applicable laws.
The user may not use the app and/or the web portal for commercial purposes unless he has an officially acquired license from the provider for the respective project.
The User may not use the App and/or the Web Portal for commercial purposes unless he/she has an officially acquired license from the Provider for the respective project.
The Provider reserves the right to restrict and/or withdraw the right of use at any time and without giving reasons.
The Provider provides various interfaces to third-party providers within the App and/or the Web Portal. The Provider has the right to restrict and/or discontinue access to them at any time. Reasons for this are, for example, discovered malware or overloading of the system by requests.
In addition, the User is strictly prohibited from using the App for any unlawful, fraudulent, defamatory, harassing or otherwise inappropriate purpose.
All rights to the App and/or the Web Portal, including to all content, designs, logos, graphics, texts, audio or video files and software, in particular to the underlying framework incl. the resulting software builds and/or to other commercial documents and records are and shall remain the sole property of the Provider; this also includes the overall strategic and organizational decision-making authority. The User does not acquire any rights to the App and/or the Web Portal, the associated source codes and/or other content.
The User is exclusively entitled to those rights which are specifically granted by contract. The property rights and copyrights and other intellectual property rights shall remain with the Provider without restriction.
Protection against manipulation
The User agrees not to manipulate, modify, copy, reproduce, decompile, disassemble, reverse engineer or create derivative works from the App, the Web Portal and/or related content, documents and/or works in any way. In addition, the User is prohibited from using the App for any unlawful, fraudulent, defamatory, harassing or otherwise inappropriate purpose.
In particular, the User is prohibited from modifying, reverse-engineering or hacking the source code of the App and/or the Web Portal.
The User may also not take any measures to circumvent protective mechanisms of the App and/or the Web Portal, such as encryption, digital signatures or other security measures.
In addition, the User is not allowed to make any changes to the databases, servers or other systems connected to the App and/or the Web Portal in order to access unauthorized functions, content or services.
The User agrees that the Provider is entitled to implement appropriate technical protection measures to ensure the immutability of the software and the protection of intellectual property rights. Such protective measures may include, for example, watermarking, digital rights management (DRM) or other security mechanisms.
Hosting of customer data
The Provider grants the User storage space on the servers of third-party providers for the purpose of storing data.
The Provider cooperates with the data hosting provider Firebase (service of Google) to store and coordinate the User’s data in a database.
The User’s data is stored on servers in Switzerland and protected by the data host according to technical possibilities.
Within the scope of its technical possibilities, the Provider shall ensure that the User’s data is available to the User via the Internet.
The User is prohibited from storing data and/or content that violates applicable law and/or existing agreements with third parties, is in any way defamatory, harassing and/or otherwise inappropriate.
The Provider undertakes to protect the User’s data against data loss and unauthorized access by third parties within the scope of technical possibilities and by means of suitable and reasonable precautions and means.
The Provider will, if possible, make backups of the database in order to additionally secure the data and, if possibly, check them for malware.
The User has the right to the disclosure and/or deletion of his own data at any time. However, the User acknowledges that the Provider may charge for the surrender and/or deletion of the data according to the actual expenditure. Furthermore, the User acknowledges that the surrender and/or deletion of the data has no effect on any payment already made for the use of the App and/or the Web Portal and that the User is not entitled to a refund at any time.
The Provider is free to delete the User’s data for security reasons (e.g. discovered malware), for legal reasons, for ethical and moral reasons, as well as in case of non-processing of the data after 3 years, without giving reasons.
The Provider warrants the functionality and operational readiness of the App and the Web Portal in accordance with the general provisions.
The following items in particular are not covered by the Provider’s warranty:
- Procurement and maintenance of hardware or other IT infrastructure of the User
- Installation and maintenance of the App and/or the Web Portal on the User’s hardware
- Restoration of programs, data and information of the User which have been lost due to the installation and/or use of the App and/or the Web Portal
- Restoration of programs, data and information of the User that have been lost due to any defects in the hardware and/or software
- Restoration of programs, data and information of the User that have been lost due to incorrect and/or inappropriate operation of hardware and/or software.
- Removal of any malicious software on hardware or other IT infrastructure of the User
- Adjustments of the User’s data and information due to company, personnel and/or project changes
- Replacement in case of loss of hardware and/or software due to burglary, theft, damage by third parties and/or force majeure
- Replacement and/or repair in case of wear and tear of hardware due to its use
Furthermore, the Provider cannot guarantee that the App and/or the Web Portal will work continuously and without errors on all hardware systems and programs in any combination and using any data sets. This applies in particular to hardware modifications, software updates and strategy changes on the part of necessary third-party providers (e.g. Apple or Google) and their services. It is the responsibility of the User at all times to provide the technically suitable infrastructure (hardware and software) for the seamless operation of the App and/or the Web Portal.
The App provides various information on locations, products, dimensions, technical data and other relevant information on the wind farms. However, the Provider does not guarantee the correctness, accuracy, completeness or timeliness of the information provided.
Exclusion of liability
The provider assumes no warranty for the availability, quality, freedom from errors or functionality of the app and/or the web portal. The user uses the app and/or the web portal at his own risk. The provider is not liable at any time for direct or indirect damages that the user may incur in connection with the use of the app.
The Provider takes no warranty for the availability, quality, faultlessness or functionality of the App and/or the Web Portal. The User uses the App and/or the Web Portal at his own risk. The Provider is not liable at any time for direct or indirect damages that the User may incur in connection with the use of the App.
The User is obligated to release the Provider from all claims of third parties based on the data and information stored by the User and/or arising from the use of the App and/or the Web Portal and to reimburse the Provider for all costs incurred due to possible infringements of rights.
In the event of justified suspicion of infringement, the Provider is entitled to suspend and withhold the User’s access to the App and/or the Web Portal as well as his data and information with immediate effect, in particular if the Provider is notified of this by authorities, courts and/or other third parties. As soon as the suspicion is fully disproved, the suspension will be lifted again.
The Provider excludes any liability towards the User and/or third parties, in particular for the fulfillment of their contractual and/or non-contractual obligations, for the loss of data and information as well as for any loss of profit, including in the case of gross negligence. This exclusion of liability also applies in full to any damage to property and/or personal injury resulting from the installation, operation and use of the App and/or the Web Portal.
Regardless of the basis of liability, in all cases the liability towards the User is limited to a maximum of the amount of the payment made by the User in the last 6 months before the damage occurred.
Non-disclosure and data privacy
Both the Provider and the User agree to maintain confidentiality with respect to all trade and/or business secrets that come to their knowledge in the course of their direct cooperation with the other party and not to disclose them to external third parties without the consent of the other party, unless such disclosure is technically necessary for the performance of the contract or is ordered by a court of law.
Furthermore, the Provider is explicitly entitled to collect, store, evaluate and process the User’s data for operational purposes, in particular for market research. However, personal data of the User will not be disclosed to unauthorized third parties without legal obligation or the explicit consent of the User.
The User has the right to the release and/or deletion of his data at any time. Provided that there are no legal storage obligations and/or technical necessities, the data will be deleted after the termination of the use of the App and/or the Web Portal and after the fulfillment of all related purposes according to the technical possibilities of the Provider.
In order to exercise this right, the User may submit a corresponding request to email@example.com. The Provider will take reasonable steps to delete the User’s data within a reasonable period of time.
The User acknowledges that the technical possibilities of the Provider are limited when deleting the User’s data at third-party providers and that the responsibility therefore lies entirely with the User of the App and/or the Web Portal. The Provider is thus released from any obligation to surrender and/or delete the data of/at third-party providers and is also not liable for their actions in relation to the User’s data.
Advertising and marketing
The User is obliged to name the Provider (Echtzeit GmbH) as the developer or originator, including logo and web link, in all public and non-public publications, documents, advertising and marketing measures that are related to the Provider’s services and/or products.
The Provider is explicitly entitled to publicly name the User for reference, sales and/or marketing purposes including address, contact details and logo as well as to name information about projects of the User. The User is free to object in writing before publication of project information, the Provider will consider this at its own discretion.
Further User obligations
The User is obliged to fully comply with the general terms and conditions as well as the copyright of the Provider. It is also the responsibility of the User to inform all other internal and external Users who have access to the end device and/or the projects of the User and/or use the App and/or the Web Portal of the customer (for example, employees and/or at external events) and to ensure their compliance.
Furthermore, the User is obligated to take appropriate precautions to prevent unauthorized access to the App and/or the Web Portal by third parties.
The User is obliged to create a password for his account that is as secure as possible, to keep it secret and to change it regularly for security reasons, but at least every 6 months. The User is prohibited at all times from disclosing his/her access data and/or making it accessible to third parties.
In case of loss of access data, suspicion of unauthorized access by third parties and/or other security-relevant grievances, the User is obliged to report these to the Provider immediately. The Provider reserves the right to take appropriate technical and/or legal steps at any time.
The input and maintenance of the data and information required to use the App and/or the Web Portal lies entirely within the responsibility of the User. It is the sole responsibility of the User to employ suitable and competent personnel for the use of the App and/or the Web Portal.
The User is responsible for the additional backup of his data and information himself and must store it accordingly, regardless of the App, the Web Portal and/or the Provider’s infrastructure.
In addition, the User is obliged to check any data for malware with suitable precautions before entering it and to protect the App, the Web Portal and the Provider’s databases from it.
The User is obligated to report obvious defects as to quality of the App and/or the Web Portal in writing, including appropriate documentation of the defect, without delay, but no later than within 10 days of discovery of the defect. The Provider has the right to rectify this at its own discretion. The User is further obligated to provide the necessary support for the rectification of material defects on his part. Requests on the part of the User for additional functions and/or features of the App and/or the Web Portal do not qualify as defects as to quality.
Registration and licensing of the business workspace
The Provider offers the App including access to the license-free workspace for free download in selected countries.
The business workspace of the App, the access to the Web Portal as well as the hosting of data for commercial purposes are services subject to licensing and are activated by the Provider after the registration of the User and against the payment of a fee per commercial customer project.
The license model of the Provider requires the User to pay a defined fee per wind farm or per project that is created in the App and/or in the Web Portal. Information on the price packages can be found at https://wind.wisardgo.com/order/.
For this purpose, the User will fully register himself as a User, as well as the company to which he belongs, online via the order form and order the desired number of projects.
It is only possible for legally registered companies to register and commercially use the App and/or the Provider’s Web Portal. It is therefore mandatory to include the company’s VAT identification number in the online order form.
After receiving the registration and order, the Provider will examine the received information in detail for completeness and correctness and, if the information meets the criteria, will send the User an official invoice in digital form by email for advance payment, payable within 14 days, net.
Within 10 days after the official receipt of payment by the User, the Provider will convert the received payment according to the order into so-called project credits (“App internal project credit”) and allocate them to the associated company of the User. With the received Project credits, the User can independently create new projects in the App and/or the Web Portal, manage them and visualize them with the App.
Orders placed by the User via the online order form are legally binding and will be reminded in case of late payment incl. 5% surcharge per dunning level.
The User acknowledges that, in general, there is no right to a refund of any payment already made to the Provider for project credits and/or other service payments. In particular, there is no right to this in the following events:
- Strategic and/or economic shifts in decision-making and/or projects of the User and/or the associated company, such as withdrawal of projects, non-success of projects and completion of projects.
- Strategic and/or economic shifts at third-party providers (e.g. Apple, Google and Firebase) and modifications and/or discontinuation of their services in the form of hardware and/or software modifications that affect the services of the Provider.
The Provider supplies the User with a library of pre-created 3D models, which the User can use for visualization within the App. The library is continuously expanded at the Provider’s own discretion.
The Provider does not guarantee the accuracy, quality, timeliness or completeness of the content provided. The 3D models are for illustrative purposes only and are intended to provide the User with a richer visualization. It is the User’s responsibility to check the suitability of the provided content for the intended use.
The Provider reserves the right to change, update, add or remove the provided content at any time. The User has no claim to specific content or that specific content will remain available in the library.
If the User has a need for individually created 3D models, the Provider offers this as a service according to effective effort. The conditions for the creation of new 3D models are agreed separately.
The delivery of the new 3D models will take place in time with the next App update. It is the User’s responsibility to ensure that the latest version of the App is being used in order to access the updated content.
If the User requires additional services of any kind, these will be charged by the Provider according to the effective effort and an hourly rate of CHF 180.-, excluding VAT, unless otherwise agreed in writing with the User. Payment for these services is due within 30 days of the invoice date without deduction.
All expenses associated with the services, in particular travel expenses, will be passed on to the User in the actual amount. Travel kilometers will be charged at a rate of CHF 1.- per kilometer.
The Provider reserves the right to invoice costs incurred prior to the provision of the service and to provide the service only after receipt of payment.
The User is obliged to supply the Provider with all necessary information, materials and support required for the provision of the other services. Delays or deficiencies in the supply of this information may lead to a postponement of the delivery of the services, with no responsibility on the part of the Provider.
The Provider shall ensure that other services are provided with reasonable care and professional competence. Nevertheless, no warranty is given for the result or success of the services provided. Any warranty claims or liability claims of the User in regard to the other services of the Provider are excluded.
Payment terms and conditions
All payments to the Provider must be made in Swiss francs (CHF), unless otherwise agreed in writing. Payments in other currencies are not accepted.
All bank and/or transfer charges incurred in relation to the payment are at the expense of the User. The User is responsible for ensuring that the effective payment received by the Provider corresponds to the amount invoiced.
Orders placed by the User, including the commissioning of services and/or the purchase of products, are legally binding. In the event of late payment, the Provider reserves the right to demand the outstanding amount and to charge reminder fees. A cost surcharge of 5% of the outstanding amount will be charged per reminder level.
The User acknowledges that, in principle, there is no right to a refund of payments already made to the Provider.
The Provider reserves the right to take further steps in the event of late payment or failure to settle outstanding invoices on time, including legal action to collect the outstanding amount. All associated costs and fees will be charged to the User.
In the event of a chargeback and/or non-triggering of a payment on the part of the User, the Provider is entitled to charge additional processing fees. The User is responsible for all associated costs and fees, including any legal fees or collection fees.
In case of payment by invoice, the User is obliged to make the payment within the period indicated on the invoice. In case of payment by bank transfer, the receipt of payment on the account of the Provider is decisive for the fulfillment of the payment obligation.
The recipient of the service is liable for the tax on all invoices. The supplier usually issues invoices without VAT, as the reverse charge procedure is applied. According to this procedure, the tax liability lies with the service recipient.
Depending on the project location and invoice recipient, special regulations may apply according to national and/or international tax law, in particular with regard to the reverse charge procedure, which must be complied with in the respective country of reference. It is the responsibility of the User to check and clarify these regulations individually before placing an order and to notify the Provider in writing. Any resulting (tax) surcharges, such as VAT, are entirely to be borne by the User.
The legally compliant reporting, declaration, taxation, etc. with the authorities in the respective country of reference is also entirely the responsibility of the User. The User is responsible for complying with all tax obligations and regulations in accordance with the applicable laws and regulations. Any liability on the part of the Provider in relation to tax matters is rejected.
The User is obliged to supply the Provider with all necessary information and documents required for correct invoicing and fulfillment of tax obligations nationally and/or internationally. The Provider is entitled to archive and store all necessary data and documents in order to comply with any audits or tax requirements.
In the event of changes in tax regulations or regulatory requirements, the Provider reserves the right to adjust payment terms, invoicing or other aspects related to taxation at any time.
Delivery dates and delivery periods
Delivery dates and delivery periods set by the supplier are generally to be understood as approximate guidelines and may vary depending on the type of service to be provided and/or external influences.
Compliance with delivery dates and delivery periods requires in any case the cooperation and fulfillment of the obligations of the User, in particular the timely payment of the order in accordance with the agreed terms of payment.
The Provider is entitled to reasonably extend delivery dates and delivery periods if the User makes changes or additions to the order that affect the delivery time. The Provider shall inform the User about such changes in due time.
The supplier reserves the right to extend delivery dates and delivery periods accordingly in the event of unforeseen obstacles beyond its control, such as interruptions to third-party services, force majeure, strikes, general third-party negligence, etc.
In the event of delays or changes in delivery dates and delivery periods, the Provider shall make reasonable efforts to inform the User thereof and offer alternative solutions, to the extent possible. However, the User has no right to claim damages or contractual penalties due to delayed deliveries.
Should the User fail to comply with its obligations to cooperate in the delivery or performance of the service, this may result in delays and the Provider is entitled to charge reasonable additional costs or expenses.
User generated content
The App and/or the Web Portal enables the User to upload and/or create its own content, such as images, location information, texts, comments and/or other data or information. The Provider is not responsible and/or liable for the accuracy, quality, timeliness and/or legality of such user-generated content.
The User confirms and guarantees that he/she has all necessary rights, licenses and consents to create, upload and/or share the User Generated Content. By using the App and/or the Web Portal, the User grants the Provider a non-exclusive, worldwide license, unlimited in time and content, to store, use, reproduce, publicly display and distribute this content to the extent necessary for the operation, improvement and/or marketing of the App and/or the Web Portal.
If the User saves images in the database of the App and/or the Web Portal, he assures that he owns the necessary rights to these images or is authorized to save them in the App, the Web Portal and/or the database of the Provider or the third-party providers. The User is obliged to respect the applicable copyrights and other rights of third parties. The Provider takes no responsibility for possible violations of image rights by the User and reserves the right to remove images if there is a violation of third party rights.
Any legal consequences arising from a corresponding infringement of the rights of third parties are fully at the User’s own responsibility.
The Provider shall take appropriate technical and organizational measures to ensure the security and confidentiality of the user generated content. However, the User is aware that absolute security cannot be guaranteed.
Third-party providers and links
The Provider cooperates with the following third-party providers and uses their services in combination with the App and/or the Web Portal:
Apple (in general):
– Services: various
– Company: Apple Inc.
– Website: https://www.apple.com/
– Service: Operating system for Apple mobile devices
– Company: Apple Inc.
– Website: https://www.apple.com/ios/
Apple App Store
– Service: iOS-Apps distribution platform
– Company: Apple Inc.
– Website: https://www.apple.com/app-store/
Google (in general):
– Services: various
– Company: Google LLC
– Website: https://www.google.com/
– Service: Operating system for Android devices
– Company: Google LLC
– Website: https://www.android.com/
Google Play Store
– Service: Android-Apps distribution platform
– Company: Google LLC
– Website: https://play.google.com/store
Maps SDK for iOS
– Service: Software Development Kit for integration of map functionality in iOS apps
– Company: Google LLC
Maps SDK for Android
– Service: Software Development Kit for integration of map functionality in Android-Apps
– Company: Google LLC
Maps Elevation API
– Service: API for requesting elevation data for geographic points
– Company: Google LLC
Time Zone API
– Service: API for retrieving time zone data
– Company: Google LLC
Cloud Firestore API
– Service: API for database storage and management
– Company: Google LLC
– Website: https://firebase.google.com/docs/firestore
Cloud Storage for Firebase API
– Service: API for storing and managing files in the cloud
– Company: Google LLC
– Website: https://firebase.google.com/docs/storage
Identity Toolkit API
– Service: API for user identity management and authentication
– Company: Google LLC
The User is aware that the information and/or links to the third-party providers listed above and their services may be updated independently by the respective third-party providers without the knowledge of the Provider. The Provider takes no responsibility and/or liability for the accuracy, completeness or timeliness of this information and links. It is the sole responsibility of the User to search for the correct links to the aforementioned services, to visit the official websites of the third-party providers and to familiarize himself or herself in detail with the applicable data protection provisions there. The User is encouraged to regularly check the websites of the Third-Party Providers for any updates or changes in order to stay up to date.
The App, the Web Portal and/or the General Terms may contain links to third-party websites. However, the Provider takes no responsibility for the content, availability, security, or privacy practices of these third-party websites. Access to such websites is at the User’s own risk.
The Provider rejects any responsibility or liability for the content, products, services or information available on third-party websites. The User acknowledges that the Provider has no control over such content and is not responsible for its accuracy, legality, quality or timeliness.
Contact information and support requests
Any notifications on the part of the Provider to the User are made in writing, by e-mail or by telephone, provided that the User has given the relevant contact details when making the inquiry and/or registering. Messages sent by e-mail from the Provider meet the requirement of being in writing.
The User is obliged to notify the Provider immediately of any changes in his contact details, such as e-mail address. If the User does not notify the Provider of such changes in a timely manner, the User acknowledges that notifications from the Provider to the contact data last provided by the User apply as delivered with legal effect.
The Provider will respond to support requests in writing or by telephone and assist the User at its discretion. The exact response time may vary and depends on the nature of the request and other circumstances.
It is recommended that the User provides as much detail as possible when submitting support requests in order to allow the User’s request to be handled effectively.
The Provider reserves the right to continuously develop the App and/or the Web Portal. This includes the Provider’s independent decision on new features, improvements to the user interface, expansion of content and other relevant aspects.
Changes and adjustments to the App and/or the Web Portal are generally provided via updates. The Provider will determine at its own discretion when and to what extent such updates will be published.
The current functional scope of the App and/or the Web Portal can be viewed in the documentation available online at www.wisardgo.com.
Updates and maintenance
The Provider endeavors to supply updates for the App and/or the Web Portal on a regular basis. These updates may include functionality improvements, bug fixes, security updates and other relevant changes.
The User is obliged to always use the latest version of the App. The User acknowledges that the use of outdated versions of the App may possibly lead to limitations in functionality and/or security.
During the implementation of updates and/or maintenance work, there may be temporary interruptions in the accessibility of the App and/or the Web Portal. The Provider will aim to minimize such interruptions and schedule them during periods of low usage. Where possible, the Provider will announce planned maintenance work in advance and inform Users of any temporary restrictions on accessibility.
The Provider will determine, at its sole discretion, when and to what extent such updates and/or maintenance work will be performed.
The Provider assumes no liability for any damages and/or losses caused by interruptions in accessibility during updates or maintenance work. The User acknowledges that such interruptions are occasionally necessary to improve and keep the App and/or the Web Portal up to date.
The Provider also reserves the right to restrict or block the User’s access to certain functions or services of the App and/or the Web Portal if this is necessary in the interest of security, the protection of other Users or the integrity of the platform.
The User fully acknowledges that in the above-mentioned cases there is no right to a refund of payments already made for project credits and/or other service payments to the Provider..
Duration and termination
The contractual relationship between the Provider and the User begins with the installation and/or use of the App, the Web Portal and/or with the registration of the customer via the online order form and continues indefinitely..
- if the User is declared bankrupt and/or the bankruptcy proceedings have been discontinued for lack of assets
- if the User does not meet the open payment obligations despite reminder proceedings
- if the User in any way violates and/or has violated applicable law
- if the User interferes with copyrights, industrial property rights and/or rights to the name of the Provider and/or third parties
- if the User abuses the use of the products and/or services distributed by the Provider for the purpose of promoting criminal, unlawful and/or ethically and morally questionable acts
In the event of termination of the contract for good cause, the provisions of this contract, to the extent that they are intended to do so by their nature, remain effective and valid beyond the end of the contractual relationship. Any outstanding payment obligations or claims for damages of the Provider remain unaffected by the termination.
Choice of law and place of jurisdiction