General Business Terms of NECDIGIT ONE GmbH,
Hauptstrasse 16, 8280 Kreuzlingen (Switzerland), E-mail address: firstname.lastname@example.org (hereinafter referred to as “Provider”) for the use of the Corona-Radar- App (hereinafter referred to as “App”)
1. General Terms
The Provider provides his customers with an App in accordance with the present GBT. General Business Terms used by the customer which deviate from the present GBT will not be recognized by the Provider except where he gives his explicit consent.
The following matters are applicable insofar as they can be implemented in the framework of the existing data exchange between the Provider and the customer. The App is available to anyone free of charge, without a registration or the collection of personal data. The only key for the connection between the customer’s mobile device and the server is a randomly generated ID number that cannot be traced back to the identity of the customer.
Neither does a voluntary payment by the customer to the Provider lead to the collection of any data that could be connected to the use of the App by the customer. Furthermore, a voluntary payment of this kind does not establish, for the customer, any claim to a certain performance by the Provider, or, for the Provider, any liability toward the customer.
Thus, neither the mere use of the App nor a voluntary payment allows the Provider to draw any conclusions about the identity of the customer. Therefore, the customer indemnifies the Provider against all obligations that would require any kind of communication to be fulfilled and any liability that might arise in connection with such communication.
2. Subject Matter of the Contract and Services
- The Provider operates an app which is intended to support the customer in the prevention of Corona infections.
- You are advised that reliable protection against COVID-19-infections depends on many factors which are in part beyond your control and which have in part not been studied. In this situation, the App has a supportive function only. The efficiency of the App depends exclusively on the number of users and frequency of use and cannot be guaranteed or substantially influenced by the Provider. The App cannot guarantee that an infection does not occur. Item 8 (Liability and Release from Liability) will remain unaffected by this. All information provided in the App results from data made available by the users of the App themselves. These data concern exclusively the subjective risk status of the user according to the user’s own assessment and are definitely not data determined by a medical professional.
- The Provider renders the services taking into account the state-of-the art. He continuously further develops the App and will continue to improve it through current updates and upgrades.
3. User Rights of the App
The Provider grants the customer the non-exclusive, non-assignable right to use the App during the term of the contract for the designated purpose. The customer does not have the right to provide the App or any storage space provided in it wholly or partially, gratuitously or non-gratuitously to a third party for use.
Application or software problems will be handled by the Provider within the scope of Support. Support services are to be requested via the communication channels specified on the Provider’s website or via any ticket system available for the purpose of the most efficient handling possible. Support enquiries are generally handled by us chronologically according to the order of receipt by the Provider during regular business hours.
5. Customer’s Duties
- The customer must ensure that his access to the App is used only by him. He must treat any data deposited by himself with confidentiality.
- The customer is furthermore obligated to only use the App for its intended purpose and to comply with all contractual and statutory provisions when using the App.
- Notwithstanding the Provider’s duty of data back-up, the customer himself is responsible for the entry, care and securing of his data and information required for use of the App.
The Provider has the right to immediately block the App where there is a founded suspicion that the stored data violate applicable law or the present GBT. The Provider must immediately inform the customer regarding the block and the reason for it. The block will be lifted as soon as the suspicion has been proven unfounded.
7. Guarantee in the Case of Claims Based on Defects
The Provider does not guarantee the App’s functioning and readiness for operation in accordance with the terms of the present contract and in other respects in accordance with the statutory provisions on guarantee in the case of claims based on defects.
8. Liability and Release from Liability
- The Provider will be fully liable on any legal ground in the case of willfulness or gross negligence, in the case of willful or negligent injury to life, limb or health, on the basis of a guarantee promise unless otherwise regulated or on the basis of mandatory liability such as according to the Product Liability Law. Where the Provider negligently breaches a cardinal contractual duty liability will be limited to typical, foreseeable damage unless he is fully liable in accordance with the above Item. In case of data loss within the App the liability of the Provider will be limited to the cost of restoring and backing up those data which would also have been lost in case of an orderly back-up being made by the customer. In other respects, the Provider’s liability is excluded.
- The above liability regulations will also apply with regard to the Provider’s liability for his vicarious agents and legal representatives.
- The customer will indemnify the Provider against all third party claims, including the costs of legal defense at the statutory amount made against the Provider on the basis of actions by the customer in breach of the law or contracts.
9. Term, Termination
Subject to the proviso of deviating terms the contract is being concluded for an indefinite term. The right to exceptional termination without notice on a relevant ground will remain unaffected. The Provider is not obliged to operate the App. In case of the App’s becoming temporary unavailable or permanently discontinued, the customer has no right to demand the restoration of the App operation from the Provider. The Provider has the right to change or discontinue the App offer at any time.
10. Confidentiality and Secrecy
The Provider will be obligated to maintain strict confidentiality regarding all confidential processes disclosed to him within the scope of the preparation, implementation and performance of the present contract and not to disclose these or otherwise use them. This applies where disclosure of the information is not necessary for the due performance of the Provider’s contractual duties.
11. Final Provisions
- The contracts concluded between the Provider and the customer are subject to the substantive law of Switzerland, excluding the UN Sales Convention.
- The Provider has the right to amend the present GBT on legitimate objective grounds (e.g. changes in the legal situation or corporate strategy) and complying with an adequate deadline. Regular customers will be informed of this by notification within the App the latest two weeks before the amendment takes effect. Where the regular customer fails to lodge an objection within the deadline set in the amendment notification he will be deemed to have consented to the amendment. The notification will contain a reference to the intended amendment of the present GBT and the deadline and the consequences of the objection or of the lack of objection.
As per: May 2020