General terms of use for the ratiotec CONNECT IoT system
The following general terms of use apply to the use of our local and cloud services with ratiotec CONNECT. In addition, the general terms and conditions apply. Before using the software, you must confirm the validity of the terms and conditions of use. Otherwise, it is not possible to use our software products.
1. General
1.1. A large number of products can be linked via the ratiotec CONNECT router and the ratiotec CONNECT Cloud, so that all data on these products can be displayed in the app data warehouse. Remote monitoring and operation of the integrated products is partly possible via ratiotec CONNECT. In connection with the provision of the ratiotec CONNECT Cloud, ratiotec GmbH & Co. KG owes the remote provision of the system.
1.2. Ratiotec GmbH & Co. KG hosts data entered by the user and generated by the portal for the user, provided that the user operates the ratiotec CONNECT Cloud and as long as this data is not deleted by the user himself in the portal. The user is entitled to delete his entered data at any time.
1.3. The use of the apps requires regular maintenance and service on the part of ratiotec, so that a flat service fee is due upon purchase. The height and scope can vary.
1.4. If the user uses one or more of these applications, the following provisions apply in particular:
The programs made available in the “Marketplace” area are divided into applications from ratiotec GmbH & Co. KG and partner applications.
Applications from partner companies are e.g. external data, artificial intelligence or instant messaging. Users can connect and use these apps with their smart devices.
If the user books applications from partners, a contract is concluded exclusively between the user and the respective partner. The contractual partner of the user is exclusively the company that makes the application available.
These general terms of use of ratiotec GmbH & Co. KG also apply, when booking partner services. As the respective service partner expressly informs the user about the validity of his own terms and conditions during the ordering process and these are accepted by the user, the terms and conditions of the respective service partner also apply. In the event of a contradiction between the general terms of use of ratiotec GmbH & Co. KG and the general terms and conditions of the service partner, the general terms of use of ratiotec CONNECT take precedence, unless otherwise expressly stipulated in these general terms of use.
2. Terms of use, further developments
2.1. A functioning internet connection and an up-to-date internet browser are required to use the CONNECT cloud system. Please note, that this can incur costs.
2.2. Ratiotec GmbH & Co. KG reserves the right to further develop the system if necessary and to make it available to the user at its own discretion. There is no entitlement to this further development or to the retention of certain functionalities.
3. Registration data / prohibition of the use of illegal data
3.1. The user is obliged to keep the login data assigned to him and the login data generated by him for the portal secret. In particular, user names and passwords must be saved in such a way that unauthorized third parties cannot access this data. Passing on the registration data is only permitted in exceptional cases to authorized third parties. A third party is entitled if it has been requested by the user in accordance with the provisions under point 3.2. and if it complies with these provisions for the user.
3.2. The user is obliged to inform ratiotec GmbH & Co. KG immediately if and to the extent that he becomes aware that unauthorized third parties have knowledge of the login data assigned to him or generated by him for the portal. The user will also immediately change the login data assigned to him and the login data generated by him or have ratiotec GmbH & Co. KG reset it after establishing his legitimacy if he suspects that unauthorized third parties are aware of these credentials.
3.3. The user guarantees that he does not enter or save any data in the portal that violate applicable law, in particular legal criminal offenses, copyrights, trademark rights, naming rights or personal rights.
4. Availability
4.1. The ratiotec CONNECT cloud applications have an availability of 97% per year of operation in the data center from which it is operated. In this sense, availability means the actual availability of the cloud system in relation to the duration of the entire year of operation.
4.2. Year of operation as defined in section 4.1. denotes a period of 12 months from the provision of the portal to the user and every further period of 12 months. The year of operation does not include any interruptions for maintenance, installation or renovation work if these interruptions take place after 8:00 p.m. and before 6:00 a.m. Interruptions within the meaning of sentence 2 are usually announced at least 7 days before the start of the interruption. This does not apply to urgently required maintenance work, that requires immediate action by ratiotec GmbH & Co. KG.
4.3. As an infrastructure between different end devices, between end devices and web services or between end devices, web services and service providers, ratiotec CONNECT is part of a data forwarding chain. In this respect, ratiotec GmbH & Co. KG only has a limited influence on the interference-free signal transmission and is limited in liability according to 8.5.
5. Remuneration, terms of payment
5.1. When using ratiotec products, additional fees for maintenance, support, service, licenses and adjustments may apply.
5.2. When booking paid applications, one-time or regular fees apply. These fees will be communicated to the user separately at the time of booking.
5.3. The chargeable applications as well as the CONNECT Cloud can only be booked and ordered through us and ratiotec CONNECT service partner. After ordering, the user receives an activation number with which the application can be activated. The user receives a notification in good time before the expiry that the service contract must be extended.
5.4. For chargeable CONNECT applications as well as CONNECT Cloud and chargeable partner applications, the fee is charged when the purchase is completed. The user receives a payment confirmation from ratiotec GmbH & Co. KG for the CONNECT applications as well as for partner services. The service partner issues the invoice.
5.5. If the applications are not paid by the agreed payment date on the invoice, the user will be informed via mail and must initiate the payment immediately. If no payment is received even four weeks after the reminder, ratiotec GmbH & Co. KG will make the booked paid applications unusable. If the payment entry fails at a partner service, the service partner can freely decide whether or how many further collection attempts the partner undertakes before rendering the service unusable.
5.6. If the respective partner service offers different or additional booking and payment conditions, you will find these in the service description or in the conditions of use of the service partner on the marketplace before booking the respective service.
6. Data protection
The processing of personal data of users of ratiotec CONNECT takes place exclusively in accordance with the applicable legal data protection regulations. Further details can be found in the data protection declaration of ratiotec GmbH & Co. KG at https://www.ratiotec-connect.de.
7. Termination of ratiotec CONNECT and individual services
7.1. Ratiotec GmbH & Co. KG reserves the right to discontinue ratiotec CONNECT after prior notice and expiry of a reasonable period or to replace it with other functions / offers. In this case, the user has the option of saving his data in good time. After the end of the contract, ratiotec GmbH & Co. KG is no longer obliged and also no longer entitled to save the data.
7.2. Ratiotec CONNECT also reserves the right to remove individual applications or functions at any time. The respective application can no longer be booked for future users as soon as it is removed from the marketplace. Ratiotec GmbH & Co. KG notifies users who have already booked the app immediately about the removal and specifies a point in time from which the service will be permanently suspended. The same applies to partner services.
7.3. The user has the right to terminate applications with monthly terms at any time without giving reasons at the end of the current booking period. This also applies to termination by ratiotec GmbH & Co. KG. The preceding sentences also apply when booking partner services, unless the service partner makes different provisions in his own terms and conditions or in the service description.
7.4. If the user opts for a discounted fixed booking time, the contract can only be terminated at the end of the booking time. As with the 1-year term, payment is always made annually in advance.
8. Warranty and limitation of liability
8.1. Ratiotec GmbH & Co. KG provides the applications until they are revoked. Accordingly, ratiotec GmbH & Co. KG is not liable for material or legal defects in the system, subject to the following provisions. This does not apply if ratiotec GmbH & Co. KG has fraudulently concealed a material or legal defect and the user has suffered damage.
8.2. The statutory warranty provisions apply to the applications that can be purchased for a fee.
8.3. With regard to the use of the CONNECT system and with regard to the applications contained on the marketplace, ratiotec GmbH & Co. KG is only liable to the user for damage caused intentionally and grossly negligent by ratiotec GmbH & Co. KG. However, claims from the Product Liability Act remain unaffected.
8.4. The above exclusions and limitations of liability do not apply to damage resulting from injury to life, limb or health, non-compliance with a specific guarantee or other damage due to an intentional or grossly negligent breach of duty.
8.5. Ratiotec CONNECT is an innovative IoT infrastructure. The mesh topology ensures a largely interference-free application. For this purpose, it is particularly necessary to pay attention to advantageous redundancies when scaling the structure. Simply put: a few more overlapping repeaters massively increase the failure safety of the mesh system. No liability can be accepted for disruptions in data transmission and the associated consequences in the process chain. When setting up the infrastructure, particular care must be taken that there are no bottlenecks, e.g. from one part of the building to another, through the use of only one repeater at this point. It is also necessary to check that the entire building structure is illuminated and that enough repeaters have been installed.
8.6. The above liability rules also apply to the legal representative or vicarious agents of ratiotec GmbH & Co. KG.
9. Other provisions
9.1. Verbal collateral agreements do not exist. Should individual provisions of this contract be ineffective or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the parties will try to replace the ineffective or unenforceable provision with an effective one that comes as close as possible to the economic significance of the ineffective or unenforceable provision, but is nevertheless effective. The same applies to any contractual loopholes.
9.2. German law applies to the exclusion of the UN sales law and the collision norms of international private law.
9.3. If the user is a merchant within the meaning of commercial law, a corporation under public law or a special fund under public law, the place of jurisdiction for disputes arising from this contractual relationship is exclusively the seat of ratiotec GmbH & Co. KG.
10. Changes to these terms of use, the description of the services and prices
10.1. Ratiotec GmbH & Co. KG is entitled to change these terms of use, provided that this does not affect any essential provisions of the contractual relationship and the change is necessary in order to adapt to developments that were not foreseeable at the time the contract was concluded and the non-observance of which affects the balance of the contractual relationship would noticeably interfere. Essential regulations are in particular those about the type and scope of the contractually agreed subject of performance and the duration including the regulations on termination.
10.2. Ratiotec GmbH & Co. KG is also entitled to adapt or change the terms of use, insofar, as this is necessary in order to eliminate difficulties in the fulfillment of the contract due to gaps that arose after the conclusion of the contract. This can be the case in particular, if one or more clauses of these terms of use have been declared ineffective in whole or in part by the courts.
10.3. Ratiotec GmbH & Co. KG is entitled to change the subject of the service, insofar as
(1) this is necessary for a valid reason,
(2) the user is not objectively worse off as a result (e.g. maintaining or improving access options) and
(3) the service does not deviate significantly due to the object.
10.4. There is a valid reason for changing the subject of the service within the meaning of 10.3. (1), if
(1) the object of performance is adapted to technical developments by ratiotec GmbH & Co. KG;
(2) third parties from whom ratiotec GmbH & Co. KG receives advance services that are necessary for the provision of their services change their range of services; or
(3) statutory provisions or court decisions require a restriction or expansion of the subject of the service.
10.5. In this case, ratiotec GmbH & Co. KG is entitled to increase the agreed fees in order to pass on increased costs to the user. The right to adjust prices includes, in particular, the case that third parties from whom ratiotec GmbH & Co. KG purchases advance services that are necessary for the provision of the services owed under this contract increase their prices. In addition, ratiotec GmbH & Co. KG is entitled to adjust the prices accordingly in the event of an increase in sales tax.
10.6. The intended changes to the terms of use, the subject matter of the contract and the remuneration in accordance with sections 10.1. until 10.5. will be communicated to the user at least one week before they come into effect via mail to the mail address provided by the user. The user has the right to object at the time changes come into effect. If the user does not object within one week of receiving the change notification by deleting his user account, the changes will become part of the contract at the time they come into force. The user is expressly informed of this consequence when notified of changes.
State: 10/2021