Dinotec

General terms and conditions for the use of the services offered by dinotec via dinoAccess

dinotec GmbH (hereinafter referred to as " dinotec ") provides an online service ("dinoAccess") via its Internet pages and as a mobile application in the relevant app stores. With the help of this service, Users of dinotec control systems (hereinafter referred to as " Users ") can remotely operate these systems or have the data displayed remotely. For certain control systems, the use of "dinoRemote", is possible in addition. dinoRemote is a cloud-based application that allows Users to give third parties (e.g. specialist dealers or dinotec) remote access to their control system (hereinafter referred to as " dinoRemote "). The following terms govern the use of the dinoAccess app and - if approved by dinotec - the use of the dinoAccess app in conjunction with dinoRemote.

  1. Scope of application

    1. dinotec provides an application via standard web browsers (" dinoRemote ") or in app stores (" dinoAccess "). The application enables Users to remotely display data from certain dinotec control systems or to control these control systems remotely. This function is only offered for devices that have been approved for this purpose by dinotec (hereinafter referred to as " Control "). The dinoAccess app has been developed as an aid for a more comfortable operation and monitoring of the Controls. The use of the app and of dinoRemote does not release the User of the need to carry out the inspections and checks required for the device on site to ensure operational safety. All maintenance and repair work should be carried out on site and directly at the control unit. The relevant current dinotec operating instructions apply. The User checks the contents of the dinoAccess app and, if necessary, of dinoRemote, independently and at their own responsibility.

1.2   dinotec does not accept general business or contract terms and conditions that contradict or deviate from these GTC, unless the validity is expressly agreed to in writing. The GTC shall also apply if dinotec performs the service for the User without reservation, even if dinotec knows that the User's terms and conditions conflict with or deviate from these GTC.

  1. Declaration of consent

2.1   When registering and setting up his dinotec account, the User agrees to the following GTC, the general terms and conditions of dinotec, available at https://www.dinotec.de/de/dinotec-agb.pdf, as well as the data protection regulations, available at https://gb.dinotec.de/datenschutz, by actively accepting them when prompted to do so.

2.2   By using the dinoAccess app and the dinoRemote application, the User agrees to the validity of the dinotec GTC.

2.3   dinotec can modify or supplement the GTC at any time within the limits of the statutory provisions. In the event of changes to the GTC, the User receives a notice requesting him to give his consent. In the event of an objection, the contractual relationship can be terminated immediately by both parties.

  1. Registration

3.1  An initial free registration for the dinoAccess app by the User is prerequisite for the use of dinoAccess or dinoRemote.

3.2  By registering and setting up the dinoAccess app, the User is able to use the app and all free applications of the software. Any fee-based extensions are marked as such and can be added to the in-app purchase. A purchase contract is concluded for the use of the extension when a User makes an in-app purchase.

3.3  Each registered User receives a dinotec account for an unlimited period of time. The use of the dinoAccess app or dinoRemote shall be based on the conditions set out in section 5.

3.4 As part of the in-app purchase, the User can use the subscribed extension according to the chosen conditions. In these cases, the payment of the fee is processed exclusively via the app store, which may request information about the order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) as part of the payment processing. dinotec does not collect the fee on its own account and has no influence on the payment process.

 

  1. Contractual obligations

4.1  Upon conclusion of the purchase contract for in-app purchases, dinotec undertakes to provide the paid application for the duration of the contract and to maintain it for this period. dinotec shall also entitled to terminate paid applications without giving reasons and without substitution, subject to a notice of 6 weeks. dinotec will reimburse any overpaid fees on a pro rata basis. All free applications can be terminated by dinotec at any time without giving reasons and without substitution, subject to a notice of 6 weeks.

4.2  dinotec expressly points out that we do not provide any programming services to the User. The User shall be solely responsible for the processing and use of the dinoAccess and dinoRemote applications and it is his sole decision as to which contents are used to what extent. dinotec does not rent or sell any hardware.



  1. Rights granted

5.1  After registering, dinotec grants the User a non-exclusive, free of charge, revocable and non-transferable right to use the dinoAccess app and, if applicable, dinoRemote.

5.2  dinotec grants the User a non-exclusive, free of charge, revocable and non-transferable right to use the extension to the dinoAccess app and, if applicable, dinoRemote for the contractual period as part of the in-purchase.

5.3 The User hereby grants dinotec a non-exclusive and unlimited right in terms of time, place and content, to fully use/utilize the content of dinoAccess and dinoRemote within the scope of the service. After termination of the contract, dinotec deletes the User's application at the User's request. The User may have his account and the associated data deleted by dinotec at any time as explained in 10.1.

 

  1. Usage restrictions

6.1 Without the written consent of dinotec, the User is not permitted

  1. to offer the access to the dinoAccess app and dinoRemote application provided by dinotec for sale, to transfer it to third parties, to grant sublicenses, to edit or to modify it.

  2. to use the dinoAccess app under or on behalf of a third party.

6.2  Furthermore, it is not permitted to use the dinoAccess app and/or dinoRemote in connection with the use of products, services or materials which support, are used for or are set up for the following:

  • spyware, adware and/or other harmful programs or codes; counterfeit goods; unsolicited bulk e-mail ("spam");

  • Actions designed to mislead search engines into listing certain pages higher than they would normally be listed ("web spam");

  • Illegal multi-stage distribution programs, illegal direct sales and/or telephone sales;

  • Hate content; offensive, defamatory, abusive or otherwise offensive content;

  • Prostitution; stolen products and/or items used in connection with criminal offences; hacking, surveillance, interception or decryption facilities; illegal gambling.

6.3 The dinoAccess app and/or dinoRemote may not be used in any way or for any purpose that violates any applicable law.

6.4 The dinoAccess app and/or dinoRemote may only be used in such a way that dinotec GmbH Internet pages, dinotec server and dinotec data are neither impaired nor disturbed.

 

  1. Warranty

7.1 The User is aware that, according to state-of-the-art technology, errors in software programs and in the associated documentation cannot be excluded, and that it is not possible to develop data processing programs in such a way that they are free of errors for all application conditions and all User requirements, or that they are compatible with all third-party programs and hardware.

7.2 dinotec guarantees a performance period for the dinoAccess app of 24 hours per day and seven days per week. There is no right to uninterrupted use. The software is operational with an annual average availability of 95%. Excluded from this time are downtimes due to software updates.

7.3 Further excluded from this time are times during which the service cannot be provided due to technical or other problems beyond the control of dinotec. This applies, for example, to technical malfunctions at end devices, problems with Internet coverage or force majeure or acts of third parties or a server failure.

7.4 dinotec apps are supported on most common mobile devices. dinotec does not guarantee 100% coverage. dinotec can, at any time and without notice, discontinue or extend the support of various devices or operating systems. Existing apps are not affected by this.

7.5 dinotec does not give any further assurances as regards certain features or usability for individual applications planned by the User.

7.6 The warranty for material defects and defects of title with regard to the free provision of services shall be limited to the case of fraudulent concealment of defects by dinotec.

 

  1. Exemption

8.1 Use of the dinoAccess app and dinoRemote is at your own risk. The User is obliged to indemnify dinotec from all costs, claims and disadvantages asserted by third parties against us due to a violation of their rights by your contents or due to a violation of the law by you.

In addition, the User is obliged to reimburse all costs incurred by dinotec that result from the violation of rights, in particular costs for a reasonable legal defence including court costs and attorney fees incurred as a result of the use of the applications and the dinotec content, whether through his own use, or whether third parties have used the password or the account with or without the User's knowledge. The indemnity applies in particular to losses incurred by the User or third parties due a non-contractual use of the dinoAccess app and dinoRemote, the account or password by a third party.

8.2 The User is not permitted to use the account of a third party without their permission. The User undertakes to inform dinotec immediately of any unauthorized access to other accounts, computer systems or networks connected to an dinotec server or to other services that has been gained by hacking, password mining or other means.

 

  1. Liability

9.1 Claims for damages against dinotec, caused by or in connection with the use of the dinoAccess app and dinoRemote or dinotec content (together referred to as "Services"), the provision or non-availability of services or information accessible via the Services, in particular compensation for indirect damages, consequential damages or other damages resulting from downtime (loss of use), loss of data or loss of profit, can only be asserted by the User in the event of:

(i) gross negligence on the part of dinotec, its legal representatives or vicarious agents;

  (ii) a gross negligent violation of essential contractual obligations, as far as the achievement of the contractual purpose is endangered thereby, and with regard to the foreseeable damage typical for the contract, with the amount of damage limited to the amount of 1,000 €, however. If the User is an entrepreneur in terms of § 14 BGB (German Civil Code), the parties agree that the foreseeable damage typical for the contract resulting from breaches of duty under this agreement amounts to a maximum of 500 EUR;

(iii) Damages from injury to life, body or health which result from grossly negligent breach of duty by dinotec or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of dinotec or

(iv) liability of dinotec according to the Product Liability Act for personal injury or property damage to privately used items.

9.2 The above limitations of liability and indemnities shall also apply to claims against employees, representatives and vicarious agents of dinotec.

  1. Termination

10.1 The User can terminate his dinoAccess/dinoRemote account at any time by sending a message to mail@dinotec.de requesting this. The termination does not release the User from his payment obligation. A proportionate refund in the event of premature termination of the contract is not agreed.

10.2 The User's dinoAccess/dinoRemote account can be terminated by dinotec at any time for a good reason (e.g. violation of the GTC).

10.3 It is expressly pointed out to the User that upon termination of this contract, all applications/services granted by dinotec within the scope of these terms and conditions shall expire.

10.4 Upon termination, the User is immediately obliged to remove and delete all data obtained in connection with the use of dinoAccess/dinoRemote from all websites, scripts, widgets, applications and other software processed with this data (except history of hygiene parameters).

  1. Right of modification



11.1 dinotec shall be entitled at any time to change offers made available free of charge, to make new offers available free of charge or against payment and to discontinue the provision of offers made available free of charge. dinotec shall take the legitimate interests of the User into consideration.



11.2 dinotec shall be entitled to change fee-based offers at any time, if this is necessary because necessary advance services for the provision of the service are no longer available or are no longer available at reasonable conditions, if it concerns minor changes to the services provided, if changes are beneficial for the User or if changes correspond to the market conditions for comparable services. Users will be informed about changes by E-mail. Changes shall be deemed approved if the account is not terminated in writing or by E-mail within 4 weeks of receipt of the notice of change.



11.3 dinotec shall announce price changes in due time so that the User can cancel his subscription/contractual relationship before new prices come into effect. He shall have to comply with the contractually agreed period of notice, however. If the User does not cancel his subscription(s) after having been notified about new prices and continues to use fee-based services after they have taken effect, the price change shall become binding for the contracting parties.



11.4 dinotec reserves the right to change these terms of use at any time, with changes becoming effective even within the existing contractual relationship. The User shall be informed about such changes at least 30 calendar days before they are planed to become effective. If the User does not object within 30 days of receipt of the notification and continues to use the services even after expiry of the objection period, the changes shall be deemed to have been agreed as effective from the date of expiry of the objection period. In the event of objection, the subscription/contractual relationship shall be continued under the previous conditions. In the event of an objection, dinotec reserves the right to terminate the subscription/contractual relationship.



11.5 In notice of change, the User is informed separately about the consequences of the change and their right of objection and/or right of termination.




12. Data protection/Privacy



12.1 One of dinotec's quality standards is to handle personal data responsibly. The personal data resulting from the registration for the dinoAccess app or dinoRemote and their use shall only be collected, stored and processed by dinotec insofar as this is necessary for the provision of the contractual services and permitted by statutory provisions. dinotec shall treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.

12.2 In addition, personal data will only be used if you have expressly consented to this. You can withdraw your consent at any time.

    1. Please refer to our privacy policy for further information.



13. Final provisions

13.1 In the event that any provision should prove to be invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision which is as similar as possible in economic terms.

13.2 Special agreements and subsidiary agreements shall be made in writing in order to be effective. This written form clause can be deviated from only by written agreement. Amendments and supplements to these terms and conditions shall only be effective if they have been confirmed by us in writing.

13.3 All legal relations between dinotec and the User shall be governed exclusively by German law and excluding the UN Convention on Contracts for the International Sale of Goods, even if the User is domiciled abroad.

13.4 Place of jurisdiction is Hanau, Germany, as far as permissible.