2. SCOPE OF SERVICES, THE APP AND VERSIONS 2.1 SIGNL4 (in the following, the “App” or “Service”) is made available by Derdack in a basic version free of charge via various app stores and the Internet. The Service is an alert notification and incident response solution for companies through which processes, and incidents can be monitored and managed, and alerts can be sent and tracked. Signl4 facilitates alerting and communication processes. 2.2 Via the website www.signl4.com, the user can subscribe to upgrades of the Service with additional functionalities for a charge. 2.3 Through the App and Service, Derdack provides only the technical requirements for recording and managing alerts. Derdack does not influence the alerts recorded by way of the Service, which are exclusively created by the user of the Service. As a consequence, Derdack particularly does not warrant that the data recorded by the Service are correct. In particular, Derdack will not become a party to the contractual relationships (e.g., employment contracts, managing director contracts, contracts for work and services) existing exclusively between the user of the App and third parties (e.g., team members, service providers, employees). Derdack will not be involved in the contractual relationships as a representative of one of the parties either.
3. REGISTRATION The user undertakes only to provide true (that is, also up-to-date) data during registration. After completing the registration, the relevant user is provided with his own account with his own access data. The access data (e.g., user identification and password) may not be disclosed to third parties and must be kept in a manner that prevents third parties from accessing such data. The password should be changed at regular intervals for security reasons. If there are reasons to believe that unauthorized persons have gained knowledge of the access data, the user must inform Derdack of this by e-mail [email@example.com] without delay and change his access data without delay. Registered users must also ensure that the data they provided during registration are always up to date.
4. PROVISION OF THE SERVICE; MAINTENANCE AND SERVICE 4.1 The user’s right to use the Service is limited to the term of contract and is not exclusive, not sub-licensable and not transferable. 4.2 The user is responsible for making sure that there is a sufficient internet connection. The user is also responsible for compliance with the system requirements necessary for the use of the Service, particularly regarding the operating system, browser or other access means used by him. 4.3 Derdack will facilitate the use of the Service within the framework of the current state of the art and strive to provide maximum possible availability. Derdack reserves the right to restrict access to the Service or the possibility of its use temporarily in whole or in part if this is necessary due to capacity limits or the security or integrity of the servers or to carry out technical measures serving the purpose of providing the services properly or with improvements (e.g. for maintenance work). 4.4 Derdack has no obligation to provide updates or upgrades for the Service or to adapt the Service in any other way to possible changes to hardware and/or software (in particular, operating systems).
5. DUTIES AND LIABILITY OF THE USERS; GRANT OF RIGHTS 5.1 The user may neither alter nor interfere with the Service. This also includes the transfer of viruses or spyware. Electronic attacks of any kind on the platform, the database or individual users of the Service are prohibited. Every electronic attack results in immediate exclusion from use and in the institution of civil and criminal proceedings. 5.2 If it is possible within the framework of the Service to create one’s own content, such as texts, images or data (in the following, “user-generated content”), the user will grant Derdack free of charge the non-exclusive, transferable and sub-licensable right unlimited in terms of time, territory and content to exploit user-generated content for the purposes of the functionalities provided for in the Service, in particular, to make user-generated content accessible to selected persons or the public – depending on the structure of the Service and the entries of the user – and to save, reproduce and process it, if necessary. 5.3 The user ensures that he is entitled to grant Derdack the above-mentioned rights and that the user-generated content does not violate statutory regulations or accepted principles of morality (e.g., by way of its content, its visual layout or the intended purpose). 5.4 In the case of infringement of third-party rights for which the user is responsible, the user will be directly liable towards these third parties himself. In the event of justified claims of third parties against Derdack due to such an infringement, the user has the obligation to indemnify Derdack in full unless he proves that he is not responsible for the breach of duty that has caused the damage or loss.
6. DEFECTS; LIABILITY OF DERDACK 6.1 Derdack will be liable for damage or loss only if Derdack culpably (that is, at least negligently) breaches a material contractual duty (the term “material contractual duties” meaning such duties the fulfilment of which is indispensable for the proper execution of the contract, on the compliance with which the contracting partner may generally rely and the breach of which jeopardizes the achievement of the purpose of the contract), the damage or loss was caused by gross negligence or intent on the part of Derdack or Derdack GmbH has assumed a guarantee. 6.2 Derdack’s liability is limited to the typical, foreseeable damage or loss if Derdack has culpably, but not with gross negligence or intent, breached material contractual duties or its employees or agents who are not members of an executive body or key employees have breached other duties with gross negligence or intent. 6.3 Derdack ‘s liability under mandatory statutory provisions, in particular, under the German Product Liability Act (“Produkthaftungsgesetz”), and the liability for intentional acts, for the injury to life, limb or health and for fraudulent failure to disclose a defect remains unaffected.
8. FINAL PROVISIONS 8.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Unless the users are consumers within the meaning of § 13 German Civil Code (BGB), Cologne is agreed on as exclusive place of jurisdiction. 8.2 Derdack may make use of third parties, in particular, companies affiliated with it, for the purpose of performing the contract and exercising the rights arising under this declaration. Derdack has the right to transfer its rights and duties under this contractual relationship as a whole to a third party with a notification period of four weeks.
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