Terms of use
Version 1.0 | July 25th 2021
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Allgemeine Geschäftsbedingungen und Datenschutz für den zusätzlichen THG-Service
General Terms and Conditions TRONITY
1. Scope
1.1 These General Terms and Conditions (hereinafter also referred to as "GTC") apply to the business relationship between TRONITY UG (haftungsbeschränkt), Julius-Hatry-Straße 1, 68163 Mannheim (hereinafter referred to as "Provider" or "we") and the user ("User" or "you") with regard to the use of the services accessible under the URL www.tronity.io , which are offered on and via the Software-as-a-Service Platform TRONITY (hereinafter referred to as "Platform").
1.2 User is the contractual partner of the Provider named during registration with the Provider. This can be a legal entity, another institution or facility or a natural person. The natural person can also be a consumer.
1.3 User is the person named as such during registration. This can be the User himself or a third party, e.g. an employee of the User's company.
1.4 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).
1.5 Deviating or conflicting general terms and conditions of the users do not become part of the contract, unless the provider expressly agrees to their validity.
2. Object of performance and conclusion of contract
2.1 Via the Platform the Provider offers the possibility to store, evaluate and analyse the vehicle data provided by the User.
2.2 The presentation of the Platform on the Provider's website does not constitute a binding offer by the Provider for use of the Platform by the User. Rather, the User is given the opportunity to submit an offer for the conclusion of the Platform usage agreement.
2.3 The User submits the offer to use the Platform exclusively in the online ordering process (registration). The User is obliged to provide the information requested by the Provider in the registration process completely and correctly. Incomplete or false information entitles the Provider to refuse or withdraw the right to use the platform..
2.4 After complete registration, the User will receive a confirmation from the Provider immediately, if necessary after verification of the information provided by him/her, to the e-mail address provided by him/her.
2.5 At the end of the trial period, the User can continue to use the Platform after booking a paid subscription. If the User does not book a paid subscription, the use of the Platform will be deactivated after the trial period or after the expiry of a subscription.
3. Access to the Platform
3.1 The Provider provides the User with password-protected access to the Platform. The access data consists of the User name chosen by the User during registration and an individual user password. It is recommended that the User immediately changes the initial user password provided to him/her with the confirmation. If there are several registered Users, the User will receive separate access data for each User.
3.2 The right of access is limited to the Users named to the Provider by the User. A User can only ever be logged on to the platform with his access data once at the same time. The scope of permissible use is governed by clause 8 ("Rights of Use") of this Agreement.
3.3 The User ensures the provider that the access data is kept secret. Furthermore, he shall ensure that all Users registered by him also comply with this obligation and undertakes to inform the Provider immediately if there is any suspicion of misuse of the access data.
3.4 The use of the Platform by the User and the required control of the compliance with the usage limits requires that the cookies sent by the Provider's system to the User's terminal equipment are accepted without modification and are not deleted during an ongoing session. The User will act accordingly and obligate the Users accordingly.
3.5 The Provider reserves the right to deny access to the Platform if there are indications that the end devices used by the User or the manner of use endanger the functionality and security of the Platform. Access can also be denied if the Provider is unable to check that the User is only using the Platform within the scope of the rights granted to him here. This is especially the case if the User uses the Platform without accepting cookies (section 3.4) or by using anonymisation software. If circumstances become known to the Provider that the use of the Platform by the User violates the rights of third parties, the Provider may deny access or block the access already granted. Any further claims of the Provider remain unaffected.
4. Information for consumers
4.1 The User, who is a consumer, is entitled to the following right of withdrawal.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, TRONITY UG (haftungsbeschränkt), Julius-Hatry-Straße 1, 68163 Mannheim, E-Mail: widerruf@tronity.io by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the revocation period (§ 355 (1) sentence 5 BGB).
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
4.2 The user, who is a consumer, can use the following model withdrawal form for his withdrawal.
Modal Withdrawal Form
(If you want to withdraw the contract, please fill out this form and send it back to us.) - An TRONITY UG (haftungsbeschränkt), Julius-Hatry-Straße 1, 68163 Mannheim, E-Mail: widerruf@tronity.io
- I/we* hereby revoke the contract concluded by me/us* for the provision of the following service:
- Ordered on*/received on *:
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s):
- Date:
* Delete as applicable.
4.3 As an online provider, we are obliged to inform consumers about the European Commission's online dispute resolution platform. Further information is available at the following link: https://ec.europa.eu/consumers/odr. However, we do not take part in any dispute resolution proceedings before a consumer arbitration board.
5. Required hardware and software
5.1 The User himself is responsible for creating and maintaining the technical prequirements necessary for the collection of vehicle data or the use of the Platform. In particular, the User must ensure that his vehicle is connected to the Internet and that the access data for the vehicle are valid.
5.2 The Provider endeavours to keep the Platform up to date at all times in order to provide the User with the best possible user experience. For this reason, the platform is constantly being further developed technically. It is the User's responsibility to adapt his end decives and software to this technical development. If such a further development of the Platform leads to a not only insignificant impairment for the User, he is entitled to terminate the contract without notice within six weeks after the further development goes live (special right of termination).
5.3 When using the Platform access, the User is obliged to always use up-to-date software to defend against computer viruses and other malware.
6. Scope of services and availability
6.1 The scope of services and their limitations are set out in the product description, which can be accessed here. This is a description of the nature of the product, which is not associated with a guarantee or assurance of characteristics; the same applies to descriptions in the Provider's advertising material and similar documents.
6.2 The service is limited to the registered vehicle and the registered User(s). A change of User or vehicle requires the consent of the Provider. The User must notify the Provider of this circumstance immediately.
6.3 The Provider is only responsible for the scope of services mentioned under 6.1. In particular, the Provider is not responsible for the collection, storage or availability of the data on the server or application of the vehicle manufacturer. Furthermore, the User is responsible for compliance with the conditions agreed with the respective vehicle manufacturer. This applies in particular with regard to the vehicle access data provided by the User for connection and the use and processing of the collected data of the respective vehicle on the Platform.
6.4 The Provider aims to achieve an availability of the Platform of not less than 98% per month. This availability does not include periods of non-availability due to maintenance work that is appropriate in terms of its duration, planned and announced in advance. Also not covered are periods of non-availability due to mandatory unscheduled maintenance work, unless this is based on an intentional or grossly negligent breach of duty by the Provider or on a breach of cardinal obligations. Not included are also times of unavailability due to internet disruptions that cannot be influenced by the Provider, failures on the side of the vehicle manufacturer or due to other circumstances for which the Provider is not responsible, in particular due to force majeure.
6.5 The Provider endeavors to keep the content of the Platform always up to date. However, completeness and accuracy of content cannot be guaranteed.
7. Payment
7.1 The remuneration to be paid by the User to the Provider for the use of the Platform follows from the selected price model.
7.2 All prices understand themselves - if not expressly differently indicated - inclusive of the legal value added tax.
7.3 All invoice amounts are due for payment immediately without deduction. The payment can be made via the payment methods offered on the website via the payment provider Stripe.
7.4 In the case of extensions of services, the Provider is entitled to increase the remuneration in accordance with the extension, unless the extension of services would only be insignificant. The User will be informed about the price increase. In the event of an increase, the User is entitled to terminate the contract without notice within six weeks of receipt of the information (special termination right); this does not apply if the User continues to use or has continued to use the platform after receipt of the information.
8. Usage rights
8.1 Upon conclusion of the contract, the User acquires, subject to the condition of payment of the remuneration owed and due, for himself and, if applicable, for other users to the extent of his registration, the simple (non-exclusive) right to use the Platform in accordance with the contract, limited to the term of the contract, limited in content to use for his own purposes, non-transferable and non-sublicensable. The right of use permits read access to the Platform, furthermore research on the Platform, individual downloading of content (download), individual saving and individual printing of research results. Retrieval, evaluation, download, storage, printing or forwarding in a systematic or automated form as well as the systematic creation of collections from the retrieved contents or hit lists from the Platform, in particular for the commercial communication of this information, are not permitted.
8.2 Any use beyond the scope of Section 8.1 is not permitted and requires the prior written consent of the Provider. The Provider is entitled to take technical measures to ensure that the use does not exceed his rights as set out in clause 8.1. In the event of misuse of the Platform by the User, the Provider is entitled to block access, without prejudice to further claims. Misuse shall be deemed to exist in particular in the event that the User uses automated search programs on the Platform. Further rights of the Provider, such as the right to extraordinary termination and claims for damages, remain unaffected.
8.3 Rights of the User from §§ 53, 55a, 87c and 87e UrhG remain unaffected.
9. Data Protection
The provisions on data protection in connection with the use of the Platform result from the respective current data protection declaration, available here www.tronity.io/privacy.
10. Warranty and liability
10.1 In the event that the Platform has technical defects, the Provider shall rectify these within a reasonable period of time. The Provider is only responsible for the possibility of retrieving contents of the Platform from the Internet, but not for the data transfer to the User or the display on the User's end device or the availability of the data from the vehicle manufacturer.
10.2 The provider is exclusively liable according to the following clauses 10.3 to 10.5, and any further liability is excluded.
10.3 The Provider is liable without limitation for damages due to injury to life, body or health as well as for damages based on intent or gross negligence of the Provider or a legal representative or vicarious agent, as well as for damages covered by a guarantee or warranted characteristic provided by the Provider and for fraudulently concealed defects.
10.4 The Provider is liable for damages resulting from a negligent violation of essential contractual obligations by the Provider or his legal representatives or vicarious agents; however, liability is limited to the replacement of the contract-typical foreseeable damage for such damages.
10.5 The liability according to the product liability act remains unaffected.
11. Start, duration and termination of the contract
11.1 The term of the contract begins with the acceptance of the contract by the Provider (see number 2 above).
11.2 The minimum contract period depends on the selected price model.
11.3. With the monthly license the contract can be terminated at any time.
11.4. For the annual license, the contract can be terminated after 12 months at the earliest. The contract term is extended by a further twelve months in each case if the contract is not terminated by either of the contracting parties in writing or electronically (e.g. via the Stripe payment service) with a period of notice of six weeks to the end of the contract term.
11.5 The right of each contracting party to extraordinary termination for good cause remains unaffected. Good cause for the Provider shall be deemed to exist in particular if the User or one of the Users registered by the User culpably breaches a material contractual obligation, in particular the obligations under Clause 8, or if the User is at least thirty days in arrears with the payment of the remuneration in whole or in substantial partial amounts despite a reminder and the setting of a grace period. The Provider is entitled to extraordinary termination as soon as the vehicle is sold, deregistered or otherwise no longer used by the User or the User changes.
11.6. Good Cause also exists for the provider if the manufacturer of the vehicle connected to the service by the User changes in such a way that the vehicle data can no longer be collected, processed or displayed on the Platform on the basis of the currently used technical procedure.
12. Final provisions
12.1 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
12.2 Place of performance is the registered office of the Provider. For disputes with merchants, legal entities under public law or a special fund under public law, the exclusive place of jurisdiction is also the registered office of the Provider.
12.3 The substantive law of the Federal Republic of Germany shall apply to the exclusion of the referral rules, even if access to the platform is from outside the territory of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply, even as part of German law.
