Subject matter and scope

• The subject of these General Terms and Conditions (GTC) are services provided by ApptiveGrid GmbH, Brüsseler Platz 26, 50674 Cologne, Germany (Provider) within the scope of the "ApptiveGrid" application (all editions) to customers who are not consumers within the meaning of Section 13 of the German Civil Code (BGB).
• These GTC as well as any regulations laid down in an individual contract with the customer shall apply exclusively. Conflicting or deviating terms and conditions of the customer shall have no validity, even if the provider, being aware of conflicting or deviating terms and conditions of the customer, performs the service without objecting to the customer's terms and conditions.
• The provider is entitled to amend these GTC with a reasonable period of notice. Amendments shall only become effective if the customer does not object to the amendment within one month after receipt of a written amendment notification and the provider has informed the customer of the right to object and the deadline in the amendment notification. Exempt from this right to object to changes are those changes that relate to an obligation of the Provider or the Customer, the fulfilment of which makes the proper performance of the contract possible in the first place and on the fulfilment of which the other party regularly relies or may rely ("material contractual obligation").

Conclusion of contract and offers

• The web form completed by the customer or a booking request made by the customer in any other way constitutes a binding application by the customer for the conclusion of a contract for the services of the provider listed therein. The contract is concluded upon acceptance of the offer by the provider, at the latest upon provision of the service by the provider.
• All offers of the supplier are subject to change unless they have been designated or confirmed in writing as binding by the supplier. Performance dates stated in the order are only binding if they have been designated as binding or confirmed in writing by the supplier.

Services

• The details of the object of performance (contractual services) of the respective contract result from the product order pages of the Provider current at the time of the conclusion of the contract.
• The Provider is entitled to change or discontinue free services (Free Trial and Edition "Free"), including parts thereof, at any time. In doing so, the provider will take into account the legitimate interests of the customer and inform the customer of this in advance - insofar as this is technically possible and reasonable - with a reasonable period of notice.
• The Provider shall make the contractual services available to the Customer for use 24 hours a day and 365 days a year ("System Runtime"). The Provider guarantees an availability of the contractual services of 99% on an annual average (hereinafter "SLA"). The Provider shall inform the Customer as far as possible in good time of any necessary maintenance work and any resulting downtime of the contractual services. Outages of the contractual services due to maintenance work shall not be counted towards the SLAs. The Provider shall not be responsible for Internet or network-related downtimes and in particular for downtimes during which the contractual services cannot be accessed via the Internet due to technical or other problems that are beyond the Provider's control, such as force majeure, fault of third parties, etc. The Provider shall inform the Customer in good time of any such downtime.

Obligations of the customer

• Should there be any disruptions in the use of services, the customer shall inform the provider of this without delay.
• The customer is obliged to keep any access data (user name, password) secret from unauthorised third parties. The customer is obliged to change his password without delay and to inform the provider without delay as soon as he becomes aware that the password is known to unauthorised third parties.
• The customer is obliged to design and use the contractual services in accordance with the relevant legal requirements in the area of the intended distribution. In doing so, he shall in particular observe the relevant copyrights, trademark rights, patent rights and other industrial property rights and personal rights of third parties and may not use and/or make publicly accessible any files or information with illegal content or representations.
• The Customer is prohibited from using the Provider's services to carry out attacks on third parties or the Provider, such as the mass sending of electronic messages ("spam"), hacking attempts, brute force attacks, use or sending of spy software, viruses and worms.
• The provider is entitled to delete illegal content at any time, even without prior notice, or - if necessary - to block the customer's access to the affected content or contractual services in the event of a breach of the provisions in Clause 4, Paragraphs 2 to 4 of these GTC until the breach has been remedied. In the event of a serious breach by the customer of his obligations under Clause 4 (2) to (4) of these GTC, the provider is entitled to terminate the contractual relationship for good cause and without notice (Clause 10 (2)). If the customer is responsible for the breach, he is obliged to compensate the provider for the resulting damage.

Rights of use and exemption

• For the term of the contract, the Provider grants the Customer the non-exclusive (simple), non-transferable, non-sublicensable, geographically unrestricted right to use the contractual services within the scope of the respective purpose of the contract. This also applies to new versions, updates or upgrades of the services during the term of the contract. However, the Provider shall not be obliged to provide new versions, upgrades or updates unless this is absolutely necessary to remedy defects. Beyond the purposes of the contract, the customer is not entitled to use, reproduce, download or make available to third parties the contractual services of the provider.
• The customer is obliged to indemnify the provider and its vicarious agents against all claims of third parties which are based on an illegal use of services of the provider by the customer or which are made with the customer's approval or which result in particular from data protection law, copyright law or other legal disputes which are connected with the use of the services. If the customer recognises or must recognise that such a breach is imminent, there is an obligation to inform the provider immediately.

Data protection

• The provider collects, processes and uses personal data exclusively in accordance with the provisions of German data protection law. The current version of the data protection declaration can be found on the provider's product pages on the Internet under the heading "Data Protection".
• The customer shall be responsible vis-à-vis third parties for compliance with the respective data protection requirements when using the services. Insofar as the customer collects, processes or uses personal data within the scope of the use of the services and no legal permission intervenes, the customer must obtain the necessary consent of the person concerned.

Warranty

• In the event that the service is provided free of charge (Free Trial and Edition "Free"), the Provider shall not be obliged to remedy defects.
• Insofar as the Customer can assert claims for defects against the Provider within the scope of a paid service provision, the defect shall be remedied in the event of defects in the application at the Provider's discretion by providing a change status of the application (e.g. in the form of an update or upgrade) or by circumventing the error.
• Liability for defects shall be excluded if the customer or any other third party modifies the service in an unauthorised manner, interferes with it in any other way or if the customer or the third party has used the service in a manner that deviates from the contractual provisions and any documentation and this is the cause of the defect in each case.

Liability

Free services (Free Trial and Edition "Free")

In the case of free use of the services, the liability of the provider is limited to intent, fraudulent intent and gross negligence or the absence of a guaranteed characteristic. Any further liability is excluded. Liability for culpable injury to life, limb or health remains unaffected by this, as does liability under the Product Liability Act.

Remunerated services

Insofar as the Provider provides paid services to the Customer, the Provider shall be liable in accordance with the statutory provisions insofar as the Customer asserts claims for damages based on intent or gross negligence or the absence of a guaranteed characteristic, including intent or gross negligence on the part of the Provider's representatives or vicarious agents.

In the event of a slightly negligent breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the customer can regularly rely on, the provider's liability for damages shall be limited to compensation for the foreseeable, typically occurring damage.

Any further liability is excluded. Liability for culpable injury to life, limb or health remains unaffected by this, as does liability under the Product Liability Act.

Liability for data loss

In the event of slight negligence, the Provider shall only be liable for the loss of data under the conditions and to the extent of the above clauses and to the extent that the damage would also have occurred in the event of proper, regular data backups by the Customer (on its local systems) that are appropriate to the importance of the data and are performed at least daily.

Terms of payment and due dates

• Unless otherwise contractually agreed, the details of the provisions on remuneration shall be derived from the Provider's product order page current at the time of conclusion of the contract.
• Price quotations (incl. ancillary costs) are always net prices. The provider is entitled to issue invoices electronically. The prices payable for the use of the services shall be invoiced in accordance with the payment method selected by the customer.
• Invoices issued by the supplier are due immediately and payable without deduction. Payment shall only be deemed to have been made when the Provider can dispose of the payment amount. The customer shall be in default if he has not made payment within fourteen days of the due date and receipt of an invoice or comparable payment schedule. In the event of default, the Provider shall be entitled to charge default interest at the statutory rate (Section 288 (2) BGB). The assertion of further claims remains unaffected.
• In the event that the customer (a) is in arrears with his payment or a not insignificant part of his payment for two consecutive months or (b) is in arrears with the payment of the agreed remuneration for a period extending over more than two months in an amount corresponding to the remuneration for two months, the provider is entitled to block access to the agreed services. The right of the Provider in this case to terminate the contractual relationship for good cause and without observing a period of notice (Clause 10, Paragraph 2) shall remain unaffected by this.
• The customer is only entitled to offset if the counterclaims have been legally established, recognised by the provider or are undisputed. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

Contract period

• Unless otherwise agreed between the parties, the contract for a booked edition - depending on the product selected in each case - has a minimum contract term of one, twelve or twenty-four months and can be terminated by either party at the end of the contract without observing a special notice period. For so-called custom or flex customers, a minimum contract term of twelve or twenty-four months and a notice period of three months to the end of the contract apply, depending on the product selected. If the contract is not terminated before the end of the respective contract term, the contract shall be extended by the agreed minimum contract term.
• Notice of termination may be given either by the means of communication offered by the Provider on the website or in text form (e-mail).
• The right to extraordinary termination without notice for good cause remains unaffected. Good cause shall be deemed to exist if facts are given on the basis of which the terminating party, taking into account all circumstances of the individual case and weighing the interests of the contracting parties, can no longer be expected to continue the contract.
• If the customer makes use of his option to delete his account completely, the customer data belonging to the respective account will be deleted automatically. The customer is therefore responsible for saving his customer data on his local system in good time before deleting his account with ApptiveGrid.
  

Other

• The provider is entitled to provide the services through third parties as subcontractors. The Provider shall be liable for the performance of services by subcontractors as for its own actions.
• Details on the product order page, in brochures and other documents are for descriptive purposes only and do not constitute a guarantee, in particular no guarantee of quality. Guarantees require an express and written confirmation by the supplier.
• The contractual relationship between the supplier and the customer shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
• If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction, including international jurisdiction, for all disputes arising directly or indirectly from the contractual relationship shall be Cologne. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought. In deviation from this, the provider is entitled to take legal action against the customer at his general place of jurisdiction.
• Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall apply.
• ApptiveGrid is entitled to use the customer's company name and logo for PR and marketing purposes. The customer may object to this use at any time.

Data protection at a glance

General notes

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data collection on this website

Who is responsible for the data collection on this website?

Data processing on this website is carried out by the website operator. You can find his contact details in the imprint of this website.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter in a contact form.

Other data is automatically collected by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. You can contact us at any time at the address given in the imprint with regard to this and other questions on the subject of data protection. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You also have the right to request the restriction of the processing of your personal data under certain circumstances. For details, please refer to the privacy policy under "Right to restriction of processing".

Third-party analysis tools and tools

When visiting this website, your surfing behaviour may be statistically evaluated. This is done primarily with cookies and so-called analysis programs. The analysis of your surfing behaviour is usually anonymous; the surfing behaviour cannot be traced back to you.

You can object to this analysis or prevent it by not using certain tools. Detailed information on these tools and on your objection options can be found in the following data protection declaration.

General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Note on the responsible body

The data controller for this website is:

ApptiveGrid GmbH
Mr. Christian Denker
Brüsseler Platz 26
50674 Cologne, Germany

Phone: +49 (0) 27225945
E-mail: kontakt@apptivegrid.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in specific cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21(1) OF THE DATA PROTECTION ACT).

IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 DSGVO).

Right of appeal to the competent supervisory authority

In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

Right to restrict processing

You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time at the address given in the imprint. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of erasure.
• If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

Objection to advertising e-mails

The use of contact data published within the scope of the imprint obligation to send advertising and information material that has not been expressly requested is hereby prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

General Terms and Conditions Apps

ApptiveGrid GmbH

Phone: +49 221 95491283
E-mail: kontakt@apptivegrid.de

By using our app, you agree to be bound by these terms and conditions.

Service content of the apps

The apps from ApptiveGrid GmbH stand for reliable and functional legal information. Tailor-made, they provide fast and effective access to the relevant texts, laws, ordinances and
legal provisions in the respective field of law.

When the app is purchased, the daily updated content is downloaded to the device. This download takes a few minutes. It requires a stable WLAN connection. After the download, the
texts and regulations can be used independently of an internet connection.

ApptiveGrid Gmbh reserves the right to change the app at any time in a manner that is reasonable for the user, e.g. in order to develop it further and improve its quality
. This applies to both technical and content-related further developments.

Push notifications

If you want to receive push notifications even when you are not in one of our apps, you must allow us to do so. We ask for this when you first install (Android) or use (iOS) the app. Notifications can be subsequently switched on or off at any time in the settings menu. We use the services Firebase Cloud Messaging by Google (Android) and Apple Push Notifications (iOS) for push notifications. In the process, Firebase and Apple generate a key that is composed of the identifier of the app and your device identifier. This key is stored on our push platform with the settings you have selected in order to provide you with the content according to your wishes. The Firebase or Apple servers cannot draw any conclusions about the requests of users or determine any other data related to a person. Firebase and Apple Push Notifications serve exclusively as transmitters.

Google Maps & GPS

In order to activate Google Street View in our maps, we integrate Google Maps, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland for users in the EU and by Google LLC, 1600 Amphitheatre Pkwy Mountain View, California 94043, USA ("Google") for other users to display maps.

You can find Google's privacy policy here.

For navigation and use of routing functions, the GPS location is temporarily recorded. No location data is passed on to third parties. This functionality is voluntary and can be revoked at any time in the APP settings.

Personal data

In order to use our apps, you must create an account. For this we need at least the following personal data: E-mail address, user name (created by you, it does not have to be your real name).

What information is used?
Your email address is used to: Register your account, log in to your account and to contact you if necessary.
- Your username is used to register your account and log in to your account.
- Your email address may also be used to send you our newsletter if you give us separate consent to do so.
- We do not share any of your personal information with third parties.

In-App Purchases

The law collections are offered as a subscription in the form of a self-renewing in-app subscription. The available terms are displayed in the order options. A subscription includes updating
of the body of regulations via an update service.

Billing (see 4. Payment processing) and management of the subscription are carried out exclusively via the user's App Store/Google account.

The subscription can be terminated at any time via the account settings
in the App Store or the Google Play Store.

The subscription is automatically renewed - a few days before the subscription expires, the user will receive a reminder e-mail from the App Store or the Google Play Store at
. The automatic renewal can be switched off up to 24 hours before expiry via the account settings in the App Store or Google Play Store.

After termination of the subscription, the set of regulations can continue to be used
. However, it will no longer be updated.

Payment processing and right of withdrawal

Payment processing for paid apps and in-app purchases takes place directly with the operator of the app shop via the user account.

As soon as the user has confirmed the purchase of the app
in the shop, the user account in the shop will be debited with the corresponding amount. In the case of in-app subscriptions, the App Store/Google account will be debited after confirmation of the subscription within the app.

A refund of
payments made in the App Store of Apple Inc. [App Store] or Google LLC [Google Play Store] is excluded. In this respect, the general terms and conditions/terms of use of the store providers apply.

A 14-day right of withdrawal applies to
consumers. This right of withdrawal is to be exercised exclusively with the store providers. In this respect, the general terms and conditions/terms of use of the store providers apply.

Limitation of liability

ApptiveGrid GmbH uses the care usually expected of a publisher in the selection, maintenance and up-to-dateness of the content. However, ApptiveGrid GmbH does not assume any liability for the correctness, up-to-dateness and completeness of the content made available to
and its selection and compilation. This applies in particular to the extent that ApptiveGrid GmbH is dependent on the supply of third-party texts.

Insofar as the availability of the app is dependent on the services of third parties (in particular telecommunication providers), ApptiveGrid GmbH assumes no liability.

For damages due to injury to life, body or health, in the case of intent or gross negligence on the part of ApptiveGrid GmbH, a legal representative or vicarious agent, as well as for damages that fall under a granted guarantee or
assurance, ApptiveGrid GmbH shall be liable in accordance with the statutory provisions.

In the event of slight negligence, ApptiveGrid GmbH shall only be liable for compensation for foreseeable damage typical for this type of contract and only insofar as an obligation, the proper fulfilment of which makes the implementation of this contract possible in the first place and on the compliance with which the contractual partner could rely (cardinal obligation), has been breached by ApptiveGrid GmbH, a legal representative or vicarious agent. Otherwise, liability is excluded to the extent permitted by law.

Copyright

The compiled contents of the app are database works specially produced by ApptiveGrid GmbH, specifically databases within the meaning of §§ 4 para. 2, 87a para. 1 UrhG. The associated programs are protected by sections 69a et seq. of the Copyright Act.

ApptiveGrid GmbH is the rights holder with regard to all other elements of the app, in particular with regard to the rights of use and ancillary copyrights to content and documents.

Final provisions

Place of performance and jurisdiction is Cologne. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.

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