end user licence agreement ("ELV")

This App is offered by Theben AG, Hohenbergstraße 32, 72401 Haigerloch, Germany ["Theben"] in an App Store (iOS), Play Store (Android) or Microsoft Store (Windows) [for all three stores uniformly referred to as "Store"] of the respective operator ["Store Operator"]. The contractual partner of the user is Theben. The Store Operator is not the contractual partner of the User for the App or its content.

The user is a contractual partner for the use of this app either as a private individual or as a representative of the company where he/she is employed. If the user concludes the agreement for use for his company without being authorised to do so, he is himself a contractual partner under this ELV. This app may only be used by any lawful user for his or her own purposes. The function and purpose of the app are shown under app description.

If the app requires the registration of a user account, the user must provide complete and correct data for the user account and keep it up to date at all times. The Privacy Policy for Theben Apps applies to the handling of this data, see: https://www.theben.de/data-protection-apps-en/

The authorised user is granted the non-exclusive, non-sublicensable, non-transferable, revocable and royalty-free right to use the app for private purposes only in accordance with these ELV for an unlimited period of time. Insofar as the app uses a network connection, the granting of rights of use to the app including its content is limited to use in the user's WLAN network. If the user also wishes to use the functions of the app outside of his or her own WLAN network, this right of use shall be transferred within the framework of a separate contract for a fee.

The app contains components of free and open source software, which are deposited here.

In the event of a breach of this ELV by the user, rights of use to the app including its content shall automatically lapse. Irrespective of this, Theben may in this case terminate the rights of use to the App at any time by unilateral declaration with immediate effect. In addition to a termination of the rights of use, a breach of this ELV may have further legal consequences for users, for example due to unlawful use of the app and its content. This also includes the omission of further use and claims for damages.

The user may only use the contents of the app privately and not make them available to the public, for example on social networks or in any other way. The user shall immediately report any disruptions in the use of the app to the contact point specified under Customer Support. He is obliged to use the app only lawfully in accordance with these ELV and in compliance with the applicable law. The user is prohibited from providing, publishing, licensing, selling or otherwise commercially exploiting the app to third parties, whether in return for payment or free of charge. No rights to the app may be rented, leased or otherwise transferred. The User may not modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the App. Legal powers remain unaffected, in particular the User's right to decompile the App in order to obtain the information necessary to establish its interoperability with other programs, unless the Provider makes it available to the User on reasonable terms.

Insofar as the app uses a network connection, the app is made available to the user free of charge and "as is" for use in the user's WLAN network.
In particular, no promise of availability is assumed. Warranty rights are excluded, except in the case of intent or gross negligence on the part of Theben. This also applies to any support.

Theben assumes no responsibility for completeness and correctness. Any representations of goods, services and prices are made without warranty of accuracy and do not constitute an offer of contract or a claim to the conclusion of a contract. The warranty of Theben is excluded and limited to the extent permitted by law. Statutory mandatory rights of the user shall remain unaffected.

Irrespective of any fault on the part of Theben, any liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected. Liability of legal representatives, vicarious agents and employees of Theben for damage caused by slight negligence is excluded.

If a claim is made against Theben by a third party due to a breach of these ELV by the user, the user shall indemnify Theben against all claims and costs incurred directly or indirectly as a result, including the reasonable costs of representation by a lawyer. This shall not apply if the user is not responsible for a breach. Theben reserves the right to defend itself against such claims. The liability of Theben is excluded and limited to the extent permitted by law. Mandatory legal rights of the User shall remain unaffected.

Theben reserves the right to amend these ELV if necessary. Theben shall inform the user of any material changes to the ELV. Changes shall automatically come into force 30 days after such notification. If a user does not agree with a change, he/she must uninstall the app and no longer use it. By continuing to use the app, the user declares his or her consent to the amended ELV.

Should individual provisions of this ELV be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

This ELV is governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

The place of performance and jurisdiction is Haigerloch if the user is a merchant, a legal entity under public law or a special fund under public law. Mandatory places of jurisdiction remain unaffected.

Depending on the app store, the following additional terms of use apply:

These Terms of Use are agreed exclusively between the User and Theben and not with the Store Operator. The Store Operator assumes no responsibility for the App, but is entitled to take action against the User in the event of a breach of the Terms of Use. Theben grants the User the right to use this App solely on iOS or Android products owned or operated by the User and to the extent permitted under the Store Terms of Use.
The Store Operator is under no obligation to provide any maintenance or support services in relation to this Application. It assumes no responsibility for the investigation, defence, settlement or discharge of any claim of infringement of third party intellectual property rights. The Store Operator is not obliged to respond to any claims by the User or third parties in connection with the App or its property and/or their use of this Application. This applies, inter alia, to the following claims: product liability claims; claims arising from allegations that the App violates applicable legal or regulatory provisions; and claims arising from consumer protection or similar laws.

The Store Operator and its affiliates are third party beneficiaries of these Terms of Use and are therefore entitled (and such right is deemed to be accepted) to enforce these Terms of Use against the User following their acceptance of the Agreement.

Notice pursuant to Section 36 of the Consumer Dispute Resolution Act:
Theben will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act and is not obliged to do so.