English

MyOBO app terms of use

§ 1 Object of the terms of use

(1) OBO Bettermann Holding GmbH & Co. KG, Hüingser Ring 52, 58710 Menden (hereinafter referred to as "Service Provider") shall make a mobile software application available via the appropriate app stores (hereinafter referred to as "app"). With the app, you, as the user, have the ability to use our product catalogues offline. You can add products to projects and export them as a CSV file or transfer them directly and in a non-binding fashion to an electrical wholesaler via the Elbridge interface. In addition, the app offers contact opportunities between users and the Service Provider, as well as a product scan function, to allow easy identification of product labels via text recognition using the device camera. To use specific functions, such as project creation or the full offline ability of the product catalogues, it is necessary to create a user account. In addition, you can open contents available via the app and use the free services currently available in the app, insofar as they are available. You can find more information on the services in the Service Description, § 8.

(2) These terms of use shall regulate the provision of the services by the Service Provider and the use of them by you, as a properly registered subscriber.

(3) You can obtain information on the Service Provider .   

§ 2 Changes to the terms of use

(1) The Service Provider shall reserve the right to change these terms of use at any time, with effect even within the existing contractual conditions. The Service Provider shall inform you of such changes at least 30 calendar days before the changes are planned to take effect. Should you not object to this within 30 days of the information arriving, and also continue to use the services even after the period of objection, then the changes shall be considered to have taken effect from the time the period expired. Should you object, then the contract shall be continued according to the existing conditions. In the change information, the Service Provider shall inform you of your right to object and the consequences of the same.

(2) On changes to value added tax, the Service Provider shall be permitted to make an adjustment to the remuneration for the Premium Access in accordance with this change, without any recourse to the above-mentioned right of objection.
 

§ 3 Right of registration

The use of services available within the app shall require your registration in the appropriate app store, according to its conditions. To use certain functions, you must supply the contact data required there. There shall be no requirement to participate. 

§ 4 Access to the app and creation of a user account

(1) The Service Provider shall provide you with free access. You can find more details on the functions connected to the registration under § 8.

(2) You shall require a user account to use specific functions. You must enter the data required for this in the input screen. After specifying this data, it shall be checked by the Service Provider for completeness and plausibility. If the data is correct from the point of view of the Service Provider and should, in their opinion, there be no other considerations, then the Service Provider shall enable the appropriate function and shall inform you of this by e-mail. The e-mail shall be considered as an acceptance of your subscriber application. From the arrival of the e-mail, you shall be authorised to use the appropriate function in the context of these terms of use. For this, you must confirm your enabling by clicking the link contained in the e-mail.

§ 5 Responsibility for the access data to the user account

(1) In the course of registration for the user account, you will be requested to enter a username and a password. With this data, you will be able to log in after your access is enabled and you have confirmed it, in accordance with §4. Para. 2. It shall be your responsibility that the username does not infringe the rights of third parties, particularly name or brand rights, and does not infringe the boundaries of good taste.

(2) You shall keep the access data, including the password, confidential and not make it accessible to unauthorised third parties.

(3) Furthermore, it shall also be your responsibility to ensure that your access to the app and the use of the services available via the app are only by yourself or by persons authorised by you. Should you be concerned that unauthorised third parties have obtained knowledge of your access data or could obtain it, then inform the Service Provider immediately.

You shall be liable for any user and/or other activity which is executed using your access data, in accordance with the statutory conditions.  

§ 6 Update of the subscriber data

You shall be obliged to keep your data (including your contact data) up to date. Should, during the course of your subscription, there be a change to the stated data, then you shall correct the data in the app immediately, in your personal settings. Should you not be able to do this, then inform us immediately of your changed data via e-mail or fax.

§ 7 Termination of the subscription

(1) You shall be able to terminate the access at any time by deregistering from the app or deleting it.

(2) When the termination takes effect, this shall terminate the contractual relationship and you shall no longer be permitted to use your access. The Service Provider shall reserve the right to block the username, as well as the password, when the termination takes effect.

(3) The Service Provider shall be authorised, after 30 calendar days have expired from the termination taking effect and after any statutory rights of remonstrance have expired, to delete any data created in the context of your subscription permanently.  

§ 8 Service provision and availability of the services

(1) The Service Provider makes various information and other services available to you using the app. These are services provided free of charge.  Such services could be making available data, articles, image and sound documents, information and other contents (hereinafter referred to as "content"), as well as the option of creating individual profiles and contacting the operator of the app by creating personal messages. The content and scope of the services are according to the appropriate contractual conditions, and according to the functionalities currently available in the app.

(2) The services available in the app can also contain the services of third parties, to which the Service Provider simply provides access. For the use of such services – which are clearly marked as the services of third parties – regulations which deviate from, or are in addition to, these terms of use may apply, to which the Service Provider will draw your attention. For these free services, there is only a claim to their use in the scope of the technical and operational possibilities available to the Service Provider. The Service Provider shall do its best to offer a usability of its services which is as free from interruptions as possible. However, technical faults (such as the interruption of the power supply, hardware and software errors, technical problems in the data cables) may cause temporary restrictions and interruptions to occur.  

§ 9 Changes to services

The Service Provider shall be authorised, at any time, to change the services provided free of charge in the app, to make new services for free or at a charge and to cease the provision of free services. The Service Provider shall take your authorised interests into account.

§ 10 Protection of the contents, responsibility for third-party content

(1) The contents made available using the app are primarily protected by copyright or other protection rights and shall all be the property of the Service Provider, the other subscribers or other third parties who have made the appropriate content available. The compilation of the contents as such may be protected as a database in the sense of §§ 4 Para. 2, 87a Para. 1 of the German Copyright Law. You may only use this content in accordance with these terms of use as well as in the scope specified in the app.

(2) Some of the content available in the app comes from Service Providers and some from other subscribers or other third parties. Contents of subscribers or other third parties shall hereinafter be summarised as "third-party content". In the case of third-party content, the Service Provider shall not carry out any testing with regard to completeness, correctness and legality and shall therefore not assume any responsibility or guarantee for the completeness, correctness, legality and actuality of the third-party content. This shall also apply with regard to the quality of the third-party content and its suitability for a specific purpose and also if this is third-party content on linked external websites.

All the content of the app shall be content from the Service Provider, if not otherwise labelled as third-party content.

§ 11 Scope of the permitted use, monitoring of the use activities

(1) Your use authorisation shall be limited to access to the app as well as the use of the services available in the app in the context of the regulations of these terms of use.

(2) You yourself shall be responsible for the procurement of the necessary technical preconditions in your sphere of responsibility for the contractual use of the services. The Service Provider shall be under no obligation to advise you in this regard.

(3) The Service Provider draws your attention to the fact that your use activities can be monitored in the legally permitted scope. This may also include the logging of IP connection data and conversations as well as their evaluations in the case of a concrete suspicion of an infringement of the available terms of subscription use and/or if there is a concrete suspicion of the presence of any other illegal action or crime.
 

§ 12 Creation of user profiles

(1) If available in the app as a functionality, you shall be able to design your user profile individually and according to your requirements, within the scope of these terms of use. Please comply with the restrictions of § 15. 

(2) The Service Provider shall not usually check the identity of the profile owners and the statements in the profiles. For this reason, the Service Provider shall not provide any guarantee that every profile owner is actually the person that the appropriate profile owner purports to be
 

§ 13 Your setting of your own content

(1) If available as a functionality in the app, you may, subject to the regulations below, add content and thus make it available for third parties.

(2) By adding content, you shall be providing the service profile with a free and transferable right of use for the appropriate content, particularly

  • to save the contents on the server of the Service Provider and also publish it, particularly making it available to the public (e.g. by displaying the content in the app),
  • to process and reproduce it, if this is required for the provision or publication of the appropriate contents and
  • to obtain – also paid-for – use rights against third parties for their content, in accordance with § 14.

If you remove the content you provided to the app again, then the right of use previously awarded shall be rendered null and void. However, we shall retain the right to keep copies created as backups and/or as proofs. The rights of subscribers to use the content you have provided shall also remain untouched.

(3) You shall retain full responsibility for the content you provide. The Service Provider shall not check the content for completeness, correctness, legality, actuality, quality and suitability for a specific purpose.

You declare and guarantee to the Service Provider that you are the sole owner of all rights to the content you have provided in the app or are otherwise authorised (e.g. through effective permission of the rights owner) to provide the content in the app and to maintain the use rights according to the above paragraph (2).

(4) The Service Provider shall reserve the right to reject the provision of content and/or to edit, block or remove any provided content (including private messages and visitors' book entries) without prior announcement, should the provision of the content by the subscriber or the content itself represent an infringement of § 15 or there are concrete reasons to think that a serious violation of § 16 is likely. However, the Service Provider shall take your authorised interests into account and shall select the mildest means of preventing the infringement against § 15.

§ 14 Right of use to the content available in the app

(1) If further use is not expressly allowed in these terms of subscription and use or in the app, or unless permitted by an appropriate functionality (e.g. download button) in the app,

  • you may only open and display the contents online in the app solely for personal purposes. This right of use shall be restricted to the duration of your contractual use of the app;
  • you shall be forbidden from editing, modifying, translating, publishing, exhibiting, reproducing or propagating the content available in the app, either in whole or in part. You shall also be forbidden from removing or changing copyright notes, logos and other symbols or protection notes.

(2) You shall only be authorised to download and print out content if there is an option for downloading or printing out as a functionality in the app (e.g. using a download button).

You shall receive an indefinite and non-exclusive right of use to the use of your properly downloaded and/or printed out content for your own purposes. In addition, all the rights to the content shall be retained by the original owner of said rights (the Service Provider or the appropriate third party).

(3) Your basic statutory rights (including the reproduction for private and other personal use according to § 53 of the German Copyright Law) shall not be affected.

§ 15 Forbidden activities

(1) The services available in the app shall be intended for use solely by the appropriate subscriber for correct use of the app.

(2) You shall be forbidden from carrying out any activities using or in conjunction with the app which infringe valid laws, violate the rights of third parties or violate the basic principles of child and youth protection. In particular, the following actions shall be prohibited:

  • The provision, propagation, offer and advertising of content, services and/or products which are pornographic, violate child and youth protection laws, violate data protection laws and/or any other valid laws;
  • The use of content which insults or slanders other subscribers or third parties;
  • The use, provision and propagation of contents, services and/or products, which are legally protected or subject to the rights of third parties (e.g. copyright), without expressly being authorised to do so.

(3) In addition, you shall, irrespective of any possible violation of laws, be forbidden to carry out the following activities when providing your own content in the app and when communicating with other subscribers (e.g. through the sending of personal messages, by participating in discussion forums or creating visitors' book entries:

  • The propagation of virus, trojans or other harmful files;
  • The sending of junk or spam mails and chain letters;
  • The propagation of salacious, offensive, sexually charged, obscene or defamatory content or communication which is suitable for promoting or supporting racism, fanaticism, hate, physical violence or illegal actions (either explicitly or implicitly);
  • The irritation of other subscribers, e.g. through multiple personal contacts with or against the reaction of the other subscriber, as well the promotion or support of such irritations;
  • The prompting of other subscribers to hand over passwords or personal data for commercial or illegal purposes;
  • The propagation and/or public reproduction of contents available on the app unless expressly permitted by the appropriate owner or expressly made available on the app as a functionality.

(4) Also forbidden shall be any action suitable for impairing the flawless operation of the app, in particular systems that overload the systems of the Service Provider.

(5) Should you become aware of illegal, improper, non-contractual or unauthorised use of the app, then please contact datenschutznoSpam@obo.de. The Service Provider shall then check the operation and, if necessary, initiate appropriate steps.

(6) Should there be a suspicion of illegal and/or actionable actions, then the Service Provider shall be authorised, and possibly obliged, to check your activities and, if necessary, take the appropriate legal steps. This can also include the forwarding of a subject to the legal authorities.

§ 16 Blocking of access

(1) The Service Provider can temporarily or permanently block your access to the app if there are concrete reasons to believe that you are infringing or have infringed these terms of subscription and use and/or valid laws, or if the Service Provider has another authorised interest in such a block. When considering a block, the Service Provider shall take your authorised interested into reasonable account.

(2) In the case of a temporary or permanent block, the Service Provider shall block your access authorisation and shall inform you of this via e-mail.

(3) In the case of a temporary block, the Service Provider shall reactivate the access authorisation after the blocking time has expired and shall inform you of this via e-mail. A permanently blocked access authorisation cannot be restored. Permanently blocked persons shall be permanently excluded from using the app and may not register again.

§ 17 Data protection

(1) It shall be a part of the quality requirements of the Service Provider to handle the personal data of the subscribers in a responsible manner (this data will be named "personal data"). The personal data resulting from your registration and the use of the available services shall therefore only be collected, saved and processed by the Service Provider insofar as it is required for contractual service provision and permitted by legal regulations or required by the law. The Service Provider shall process your personal data in confidence and in accordance with the regulations of the valid data protection law and shall not forward it to third parties.

(2) Furthermore, the Service Provider shall only use your personal data if you have expressly issued permission for this. You can revoke any issued permission at any time.

§ 18 Restriction of liability for free services

Should damage be caused to you by services (including the opening of free content) provided to you free of charge in the use of the app, then the Service Provider shall only be liable insofar as your damage is caused by the contractually agreed use of the free content and/or services and only in cases of intent (including malice) and gross negligence of the Service Provider.

§ 19 Concluding conditions

(1) Providing that these terms of use do not explicitly state anything to the contrary, then all the declarations given with regard to subscription to the app shall be given in written or e-mail form. The e-mail address of the Service Provider is datenschutznoSpam@obo.de. The post address of the Service Provider is OBO Bettermann Holding GmbH & Co. KG, Hüingser Ring 52, 58710 Menden, Germany. We shall reserve the right to change the contact data. In the case of such changes, the Service Provider shall inform you.

(2) Should one condition of these terms of use be or become invalid, then this shall not affect the legality of the remaining conditions. Instead of the invalid condition, a valid condition, which is as close to that desired by the parties, shall be considered as agreed.

(3) These terms of use shall be subject to the laws of the Federal Republic of Germany, with the exclusion of the UN Convention of Contracts for the International Sales of Goods, CISG.

(4) The sole place of jurisdiction for any disagreements resulting from these subscription conditions and terms of use shall be the place of business of the Service Provider, insofar as such a place of jurisdiction agreement is valid.

Dated: 08.09.2022