Terms of use

Terms of use for the HABBL portal

General terms of use of Fleetboard Logistics GmbH for the use of the HABBL logistics portal

1. Parties, changes to terms of use

 

1.1 The parties to these terms of use (the “Terms”) are Fleetboard Logistics GmbH, Am alten Bahnhof 8, Volkach, Germany, represented by their managing directors, and the user (the “User”).

1.2 The Terms may be changed provided the changes do not affect material provisions of the contractual relationship and are necessary to respond to developments that could not have been foreseen when the contract was formed and that, if ignored, would significantly disrupt the balance of the contractual relationship. Material provisions include, without limitation, provisions relating to the nature and extent of contractual performance and to the term and termination of the contract. Changes or additions to the Terms are allowed where needed to resolve problems in implementing the contract resulting from contractual omissions that emerge after the contract has been formed. This includes, without limitation, when case law has changed in a way that could affect one or more clauses of the Terms.

2. Subject matter

2.1 These Terms govern the services that Fleetboard Logistics GmbH provides, including those presented as an online portal (HABBL) provided via software functions running on servers operated by or for Fleetboard Logistics GmbH (HABBL Server). HABBL is used to manage resources, orders and workflows by sharing order and trip data and information between the profile owner (“Profile Owner”) and the users (“Users”) associated with the Profile Owner’s profile; its functions include, without limitation, viewing, managing, forwarding and using data, text, GPS, document, image and video files in the User’s profile. To accomplish this, Fleetboard Logistics gives the Profile Owners and Users access to system resources via a web application on a virtual server.

2.2 The services that Fleetboard Logistics provides in transferring or retrieving data are limited to the communication of data from the HABBL server to an interface that Fleetboard Logistics may provide or to the interconnection point between the HABBL server and the internet, whichever comes first. Fleetboard Logistics GmbH has no influence over data communications outside its own communications network. It therefore has no obligation to successfully transfer information to or from the computers requesting the content outside its own communications network.

2.3 Fleetboard Logistics GmbH may upgrade the software and hardware used in providing the services to keep up with the state of the art. Fleetboard Logistics GmbH shall notify the User if, due to the upgrade, the content that the User has stored on the server has to meet additional requirements in order for Fleetboard Logistics GmbH to provide the services. Immediately after receiving the notification, the User shall decide whether to meet the additional requirements and by when this will happen. If the User fails to state at least four weeks prior to the effective date of the upgrade that he will adapt his content to the additional requirements in a timely fashion prior to the upgrade, i.e. at least three business days before the effective date of the upgrade, Fleetboard Logistics GmbH shall first decide whether it still makes economic sense to provide HABBL portal for this User if the content is not adapted to the new requirements (potentially with certain limitations placed on the services provided after the effective date of the upgrade); depending on its decision, Fleetboard Logistics GmbH may terminate the contractual relationship as of the effective date of the upgrade.

2.4 To use HABBL properly, the Profile Owner will have to link his profile with Users and potentially other profile owners. The link requires the User to (i) use a suitable end user device that has internet access and appropriate software (HABBL app for Android), (ii) complete the user registration process and (iii) have an activated account. The User or destination participant may incur additional costs outside this contract to obtain the end user device and internet access.

2.5 The HABBL services can be changed if (i) there is a valid reason that makes a change necessary, (ii) the change does not put the Profile Owner in an objectively less favourable position than the position outlined in the service description incorporated into the original contract (e.g. features are either kept or improved) and (iii) no major changes are made to that service description. A valid reason includes, without limitation, if technical innovations become available for the services owed hereunder or if third parties from whom Fleetboard Logistics GmbH obtains the inputs required to provide its services change their service range. If major changes are made, the Profile Owner may terminate the contractual relationship by giving notice in written form within 6 (six) weeks of the notification of the change; Fleetboard Logistics GmbH shall remind the Profile Owner of this special right of termination in the notification of the change.

3. Registration, login details

3.1 The User’s stated email address will be used to identify the User in the login process and communicate with the User. The User shall define his own personal password. The User is responsible for keeping this login information secret from third parties. This information must not be shared with or given out to third parties. If the User nonetheless shares the information with a third party, he shall on first request indemnify Fleetboard Logistics GmbH from all claims that may be brought against Fleetboard Logistics GmbH in connection with use by the third party or someone else.

3.2 Registration is conducted by clicking a confirmation link sent to the User and entering the login data in the resulting input screen. The User shall truthfully enter the following information in the input screen to complete his user profile:

• Full name of the business owner(s) (natural persons and partnerships not recorded in the commercial register) OR complete company name as recorded in the commercial register (legal entities)
• If appropriate: contact person duly authorised to represent the User vis-à-vis Fleetboard Logistics GmbH
• Address of User’s registered office for service of process
• If applicable: separate billing address

3.3 The User's account will only be activated if the User qualifies as a trader (Unternehmer pursuant to German Civil Code (BGB) § 14). If the User cannot present proof that he is acting as a trader (e.g. by presenting meaningful documentation such as a business registration, letterheads with a VAT registration number, etc.) when requested to do so by Fleetboard Logistics GmbH, the User will be blocked from using HABBL until he presents proof, which can be done at any time.

4. Termination for good cause

4.1 The parties retain their right to terminate the contract without notice for good cause. For Fleetboard Logistics GmbH, good cause includes, without limitation, the Profile Owner falling more than one month behind in paying amounts owed, the User providing incorrect information when registering or entering into a contract, direct debits or credit card payments being wrongfully rejected or the Profile Owner repeatedly missing deadlines to make payments that he owes under this contract and that exceed EUR 50.00.

5. Prices and credit; billing/reminders; special right of termination for price increases

5.1 Unless otherwise indicated, the base prices stated in the then-current price list exclude any value-added tax owed under tax law (currently 19 percent) and must be paid monthly in advance. The User shall bear the cost of changes in value-added tax.

5.2 Fleetboard Logistics GmbH shall issue the User a monthly invoice for the base remuneration and the transaction-related remuneration incurred in the previous month and shall submit the invoice as a PDF by email. The User is automatically in default if the Profile Owner fails to pay the invoice by the payment deadline given in the invoice. Fleetboard Logistics GmbH may charge the flat default fee permitted by German Civil Code (BGB) § 288(5) for any reminder; this does not affect Fleetboard Logistics GmbH’s right to claim additional damages.

5.3 Once a year, Fleetboard Logistics GmbH may increase prices starting with the next contract period, but the increase may not exceed 2% of the remuneration currently being paid by the Profile Owner. Fleetboard Logistics GmbH shall timely notify the Profile Owner of the price increase by email. If the contract cannot be terminated in time before the next automatic contract renewal, the Profile Owner will, upon notification of the price increase, be granted a special right of termination that can be exercised within three weeks of Fleetboard Logistics GmbH sending out the notification; Fleetboard Logistics GmbH shall expressly refer to the special right of termination in its notification.

6. Data security, backups, user control obligations, Fleetboard Logistics GmbH’s locking and deletion rights, data protection

6.1 Fleetboard Logistics GmbH shall back up the content on the HABBL server in regular, reasonable intervals. This will be a “rolling” data backup process in which data from the current data backup overwrites the data from a data backup that is older than, but does not immediately precede, the current data backup. The backup always covers all the content on the server, including the data of other users. The User is therefore not entitled to demand the surrender of a backup storage medium or parts of a backup file; backed-up content can only be restored by importing an entire backup to the HABBL Server.

6.2 The User shall use the available data export functions to make data backups of his own on a reasonably frequent regular basis in order to avoid losing data that cannot be restored with reasonable effort and expense; the User shall bind its destination participants to make their own data backups so that they can use the data without being connected to the internet.

6.3 Fleetboard Logistics GmbH may delete, lock, alter, move or repair data and files that can or do corrupt the system.

6.4 Technical and organisational measures
Fleetboard Logistics GmbH shall document that technical and organisational measures defined prior to order placement have been conducted before processing begins, including, without limitation, without respect to the fulfilment of the concrete order and shall present its documentation to the client for review. If the client accepts the documentation, the documented measures shall form the basis of the order.
All in all, the required measures are general measures regarding organisational control, physical access control, system access control, data access control, transmission control, job control, availability control, separation principle as well as order-specific measures set out in the underlying service agreement with regard to matters such as the type of data exchange / delivery of data, nature / circumstances of processing / data storage and the nature / circumstances of output / data transmission.
The technical and organisational measures are subject to technical progress and improvement. Fleetboard Logistics GmbH is thus permitted to take adequate alternative measures. However, the alternative measures must not be less secure than the defined measures. Significant changes must be documented. Fleetboard Logistics GmbH shall present the controller with proof of all changes pursuant to GDPR Art. 28(3)(h).

6.5 Data rectification, locking and erasure
Fleetboard Logistics GmbH shall only correct, delete or lock data processed for a controller if it is instructed to do so by the other party to the contract. If a data subject contacts Fleetboard Logistics GmbH directly regarding the correction or erasure of his data, Fleetboard Logistics GmbH shall forward this request to the other party with all reasonable dispatch.

6.6 Controls and other obligations of Fleetboard Logistics GmbH
Fleetboard Logistics GmbH has the following obligations under GDPR Art. 28 ff. in addition to complying with the provisions of this order:
Written appointment of a data protection officer who can carry out his duties in compliance with GDPR Art. 37.
The contact details are: Fleetboard Logistics GmbH
Corporate Privacy Officer
HPC DTF2B
D-70745 Leinfelden-Echterdingen
Germany
Email: dataprivacy@daimlertruck.com

Maintenance of data secrecy under German Data Protection Act (BDSG) § 53 and German Telecommunications Act (TKG) § 88. All persons whom the order authorises to access the client’s personal data must be bound to uphold data secrecy and must receive instructions on purpose limitation, their obligation to follow instructions and the special data protection obligations resulting from this order.
Execution and maintenance of all technical and organisational measures required for this under GDPR Art. 32.
Immediate notification of the client of control procedures and measures taken by the supervisory authority. The foregoing also applies to investigations conducted by the supervisory authority under GDPR Art. 57, 58.
Job control consisting of regular reviews by Fleetboard Logistics GmbH regarding contract execution and fulfilment, including, without limitation, complying with and, if necessary, modifying provisions and measures aimed at order fulfilment.
Presentation of proof of completion of technical and organisational measures to other party. To do this, Fleetboard Logistics GmbH can present current attestations, reports or excerpts of reports from independent parties (chartered auditors, internal auditors, data protection officer, IT security department, data protection auditors, quality auditors, etc.) or a suitable certification from an IT security or data protection audit (e.g. to DIN EN ISO 27001:2013).

6.7 Subcontracting
The use of subcontractors to process or use the client’s personal data will be approved provided the following requirements are met:
The use of subcontractors requires the client’s written approval in almost all cases. Fleetboard Logistics GmbH does not need written approval to use companies from its corporate group – or to use other subcontractors in isolated cases – to perform the contract provided it takes due care as required by law, satisfies its job control duties described in section 5 and notifies the client before starting to use or process the data.
Fleetboard Logistics GmbH shall use provisions in its contracts with the subcontractor(s) that correspond to the data protection provisions in force between the client and Fleetboard Logistics GmbH.
The other party to the contract must be granted the right to audit and inspect any employed subcontractor under this agreement and GDRP Article 28. Among other things, the client may require Fleetboard Logistics GmbH, on written request, to provide information on the essential substance of the contract and compliance with data protection obligations in the subcontracting relationship; where necessary, the client may obtain this information by inspecting the relevant contract documents.
For the purposes of this clause, subcontracting relationships do not include services that Fleetboard Logistics GmbH purchases from third parties as ancillary services that support contract performance. This includes, inter alia, telecommunications services, maintenance and user service, cleaning staff, auditors or disposal of data storage media. However, Fleetboard Logistics GmbH shall enter into appropriate, lawful contractual agreements and conduct inspections concerning subcontracted ancillary services in order to ensure the protection and security of the client’s data.

6.8 Client’s inspection rights
The client may exercise, or have auditors who are appointed on a case-by-case basis exercise, the job control obligations specified in GDPR Article 32 in consultation with Fleetboard Logistics GmbH. The client may perform random checks with adequate advance notice at Fleetboard Logistics GmbH’s business facilities to verify compliance with this agreement. Fleetboard Logistics GmbH shall upon request provide the client with the information required to satisfy his job control obligations as well as relevant proof thereof.
Given the client’s audit obligations under GDPR Article 28 prior to data processing and during the term of the contract, Fleetboard Logistics GmbH shall ensure that the client can verify compliance with the technical and organisational measures. For this purpose, Fleetboard Logistics GmbH shall, on request, prove to the client that the technical and organisational measures required by GDPR Article 32 and the appendix have been taken. Proof that measures have been taken that go beyond the specific order can also be provided by presenting current attestations, reports or excerpts of reports from independent parties (chartered auditors, internal auditors, data protection officer, IT security department, data protection auditors, quality auditors, etc.) or a suitable certification from an IT security or data protection audit (e.g. to DIN EN ISO 27001:2013).
The costs arising from the client’s on-site audit will be billed to the client at the data protection officer’s current hourly rate.

6.9 Notification of contractor violations
The contractor shall notify the client of all cases where the contractor or persons in its employ have breached provisions that protect the client’s personal data or the specifications laid down in the order.
It is known that GDPR Articles 33 and 34 may set out reporting duties regarding the loss, unlawful transfer or receipt of knowledge of personal data. Such occurrences must therefore be reported to the client without undue delay regardless of cause. This obligation also extends to serious operational disruptions, other suspected violations of provisions that protect personal data, or other irregularities in the handling of the client’s personal data. The contractor shall, in consultation with the client, take adequate measures to secure the data and minimise possible adverse consequences for the data subjects. Fleetboard Logistics GmbH help support the client fulfil any obligations the client may have under GDPR Articles 33 and 34.

6.10 Client’s authority to give instructions
Data must only be handled when and as set out in applicable agreements and the client’s instructions. The client reserves the right to give extensive instructions regarding the type, extent and methods of data processing as part of the order description stipulated herein; the client may put these instructions in concrete terms by giving individual instructions. Changes to the subject of processing and procedural changes shall be jointly coordinated and documented. The client’s prior written consent is required for any disclosures by the contractor to third parties or data subjects.
The client shall confirm any oral instructions in writing or by email (in text form) immediately. The contractor shall not use the data for any other purposes and , in particular, is not authorised to share this information with third parties. Kopien und Duplikate werden ohne Wissen des Auftraggebers nicht erstellt. This prohibition does not include backup copies required to ensure proper data processing or data required to comply with statutory retention requirements.
The contractor shall notify the client immediately if the contractor believes that an instruction violates data protection regulations. The contractor may refrain from carrying out that instruction until it has been confirmed or modified by the responsible party in the client’s operation.

6.11 Other agreements
The User may use the data provided by Fleetboard Logistics GmbH for its own business operations until the contract expires or is terminated. The User is not permitted to commercially share or otherwise sell this data to third parties. The User is also entitled to data exported using the export function made available to the User.
Screen scraping and other automatic data extraction methods are not permitted on the websites of Fleetboard Logistics GmbH.
Fleetboard Logistics GmbH shall collect, store and use the personal data belonging to the User or persons acting on the User’s behalf in compliance with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Special reference is made to the separate information on the data protection law.
The contractor notes that the client who is intending to use the HABBL Work app portal must comply with the German Federal Data Protection Act vis-à-vis its employees and ensure that data is lawfully collected, stored, transferred and deleted.

6.12 Deletion of data and return of data storage media
Upon completion of the contracted work or earlier if requested by the client but no later than upon termination or expiration of the service agreement, the contractor shall return to the client all records, processing and usage results and data related to the contractual relationship that the contractor has obtained or shall destroy the aforementioned items in line with data protection law with the client’s prior approval. The foregoing also applies to test and scrap material. The log of the deletion shall be presented on request.
The contractor shall maintain documentation that proves proper order-compliant data processing in accordance with applicable retention periods beyond the end of the contract. To relieve itself of this responsibility, the contractor may hand over the documentation to the client upon termination or expiration of the contract.

7. Warranty (e.g. access errors server outages)

7.1 Fleetboard Logistics GmbH warrants to the Profile Owners that HABBL will essentially provide the described main functions on Fleetboard Logistics GmbH’s server and will conform to recognised and generally accepted good engineering practices and that the software has no defects that will render the software unsuitable or significantly less suitable to be used as contracted (“Defect”). Fleetboard Logistics GmbH further warrants to Profile Owners that the HABBL Server is technically linked to Fleetboard Logistics GmbH’s internet connection; Fleetboard Logistics GmbH’s liability for connection errors is limited to its own wilful misconduct or gross negligence.

7.2 The Profile Owner shall notify Fleetboard Logistics GmbH of any defects without delay. Claims for defects become time-barred after six months. The warranty does not extend to claims for damages or faults that are caused by the Profile Owner, or a User associated with the Profile Owner, violating provisions of these Terms. The warranty does not extend to any success and/or failure that the Profile Owner or User expected to achieve from the use of the data provided by HABBL.

7.3 Fleetboard Logistics GmbH provides its services without interruption (where possible) from 6:00 a.m. to 10:00 p.m. (main service period) with a total availability of roughly 97.5%. The estimated non-availability results from maintenance that is usually allocated to calendar months on a pro-rata basis. Fleetboard Logistics GmbH may perform system and other maintenance work at any time outside the main service period and, in urgent cases (e.g. to eliminate faults), during the main service period as well. HABBL may not be available during the performance of the work. Fleetboard Logistics GmbH shall endeavour to perform lengthy maintenance work that only serves to correct faults but not to save the system outside the main service period and, if possible, during periods with lower user traffic (e.g. at night from midnight to 6:00 a.m.). Fleetboard Logistics GmbH shall endeavour to give advance notice of any work that is expected to lead to system outages; where possible, Fleetboard Logistics GmbH shall provide such advance notice of planned routine work by sending an email to the User at least 72 hours prior to the start of the routine work.

7.4 Fleetboard Logistics GmbH assumes no liability whatsoever for any recommendations provided on HABBL with respect to the processing of data provided for the User outside of the HABBL portal. Fleetboard Logistics GmbH assumes no liability whatsoever for the timely transfer of data if the HABBL server sent the data from the interface or the internet interconnection point as scheduled.

8. Limitation of liability

8.1 Fleetboard Logistics GmbH is liable for wilful misconduct and gross negligence. Fleetboard Logistics GmbH is only liable for slight negligence if a material contractual obligation is violated whose satisfaction is essential to the proper performance of the contract and upon whose satisfaction the User may regularly rely, and for damages resulting from injury to life, limb or health. Fleetboard Logistics GmbH’s liability is limited to foreseeable damages or losses which must typically be expected when this type of contract is formed. Liability for slight negligence is limited to EUR 25,000.00. Fleetboard Logistics GmbH is not liable for lost data if the data loss is attributable to the User failing to make data backups to ensure that lost data can be restored with reasonable effort and expense. Fleetboard Logistics GmbH has unlimited liability for all losses attributable to wilful misconduct, gross negligence and the absence of an expressly warranted characteristic. Fleetboard Logistics GmbH is not liable for indirect or consequential losses attributable to slight or gross negligence.

8.2 The foregoing does not supersede the provisions of the German Product Liability Act (ProdHaftG).

9. Miscellaneous provisions

9.1 If any provisions of the Terms are invalid or if an inadvertent omission becomes apparent at a later time, the validity of the contract and the other provisions will not be affected by this invalidity or omission. The parties to this contract shall replace the invalid provision and/or fill the omission with a provision that is as legally and economically equivalent as possible to the original intent of the provision.

9.2 The User may only transfer the rights and obligations hereunder to a third party with Fleetboard Logistics GmbH’s consent; the User has no right to demand consent to the transfer.

9.3 Fleetboard Logistics GmbH will send communications relating to the contract to the User by either email or post to the address specified by the User, as Fleetboard Logistics GmbH chooses.

9.4 The contractual relationships between the parties to this contract are subject to German law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded from application.

As of 01/2020

Terms of use for the HABBL app

Terms of use of Fleetboard Logistics GmbH for the HABBL app for Android devices

(Application for connecting to the HABBL portal with functions for workflow, order and shipment processing and location tracking)

1. Parties, changes to terms of use

1.1 The HABBL app (“App”) is provided by Fleetboard Logistics GmbH, Am Alten Bahnhof 8, 97732 Volkach, Germany, represented by its managing directors Manuel Drescher, Maximilian Teltzrow and Jürgen Ruppel, entered in the register of the Würzburg Local Court: HRB 9244 (“Provider”).

1.2 The user (“User”) is required to accept these terms of use (“Terms”) when registering a user account. The App cannot be connected to the HABBL portal without a user account. The current version of the Terms can be viewed and downloaded in the App settings or on the Provider’s website at www.habbl.com/app/termsofuse.

1.3 The Terms may be changed with future effect provided the changes do not affect material provisions of the contractual relationship and are necessary to respond to developments that could not have been foreseen when the contract was formed and that, if ignored, would significantly disrupt the balance of the contractual relationship. Material provisions include, without limitation, provisions relating to the nature and extent of contractual performance and to the term and termination of the contract. Changes or additions to the Terms are allowed where needed to resolve problems in implementing the contract resulting from contractual omissions that emerge after the contract has been formed. This includes, without limitation, when case law has changed in a way that could affect one or more clauses of the Terms.

2. Services

2.1 The Provider makes certain information available in the App for retrieval, viewing, confirmation, rejection, commenting or downloading. The Provider also makes functions available in the App for scanning, uploading, entering and transferring information to other registered users on the HABBL portal.

2.2 The Provider may at any time discontinue part or all of the maintenance of the software or the operation of the HABBL portal, without which the App will lose the majority of its functions. The User has no right to use the App after an update of the operating system of the device on which the App was installed. Due to the nature of the internet and computer systems, the Provider accepts no liability whatsoever for the uninterrupted availability of the App or its functions.

2.3 The functional use of the App assumes that the User will connect with other users on the HABBL portal to exchange and/or share information, data, images and documents with them.

3. Registration, login details

3.1 The User is identified by the email address or phone number the User provides. The User must use an email address or phone number which only the User can use; it is also used by the Provider for direct contract-related communications with the User. The User shall define his own personal password at the time of registration. The User is responsible for keeping this login information secret from third parties. This information must not be shared with or given out to third parties. If the User nonetheless shares the information with a third party or allows third parties to gain access to the information, he shall indemnify the Provider from all claims that may be brought against the Provider and result from the user profile being used by the third party or someone else.

3.2 The User profile will be activated once the User clicks the confirmation link sent to the User’s email address or once the User enters the code he receives as a text message and enters and confirms the registration data in the input screen that then appears. Without prejudice to 3.3, the User shall truthfully enter the following information in the input screen to complete his user profile:

• Full name,
• For businesses: Full name of the business owner(s) (natural persons and partnerships not recorded in the commercial register) OR complete company name as recorded in the commercial register (legal entities)
• If appropriate: contact person duly authorised to represent the User vis-à-vis Fleetboard Logistics GmbH
• Address of User’s registered office for service of process
• For easier communication (optional): phone number (home or mobile).

3.3 The User may be permitted to use the App under a pseudonym if the User ensures that the people with whom the User communicates through the HABBL portal are not misled about his true identity and/or the User uses a different channel to disclose his identity to them.

4. Rights of use

4.1 The use of the information, software and documentation made available in the App is subject to the Terms or, in case of updates to information, software or documentation, to the applicable licence terms previously agreed with the Provider. Separately agreed licence terms that, for example, are confirmed when downloading software or apps, have priority over these Terms.

4.2. The Provider grants the User a non-exclusive and non-transferable right to use the information, software and documentation supplied in the App to the extent that the parties have agreed on or, failing such agreement, to the extent appropriate for the purpose pursued by the Provider in providing and making the information, software and documentation available. The purpose is primarily determined by the various available App functions. This is without prejudice to rights that may have to be granted by other HABBL users, which must be agreed separately with these users.

4.3. The User shall not sell, rent or otherwise supply third parties with any of the Provider’s information, software or documentation at any time.

4.4. The information, software and documentation are protected by copyright laws and international copyright agreements and by other laws and agreements concerning intellectual property. The User shall respect these rights and, in particular, shall refrain from removing alphanumeric identifiers, marks and copyright notices from the information, software or documentation or copies thereof.

4.5. This is without prejudice to §§ 69a et seq. of the German Act on Copyright and Related Rights (Urheberrechtsgesetz - UrhG).

5. Intellectual property

5.1 Notwithstanding the special provisions in section 4 of the Terms, information, brand names and other content from the application must not be modified, copied, duplicated, sold, rented, used, supplemented or otherwise exploited without the prior written approval of the Provider.

5.2 The User is not granted any rights of any kind other than the rights of use or other rights expressly granted to the User in the Terms, especially not to the company name or industrial property rights such as patents, utility models or marks, nor is the Provider required to grant such rights.

6. Obligations of the User

6.1 When using the App, the User shall not…

6.1.1 violate standards of common decency through his user behaviour;

6.1.2 infringe industrial property rights, copyrights, privacy rights, property rights or other rights belonging to third parties;

6.1.3 transmit content with viruses, Trojans or other programs that can damage software;

6.1.4 enter, save or send hyperlinks or content without being authorised to do so, especially if such hyperlinks or content violate non-disclosure obligations or the law; and/or

6.1.5 distribute advertisements or unsolicited emails (“spam”) or unfounded warnings against viruses, malfunctions and the like or solicit participation in sweepstakes, chain letters, pyramid schemes and similar activities.

6.2. The Provider may block access to the App at any time, especially if the User violates his duties set out herein.

6.3 The Provider may at any time delete, lock, change, move or repair data and files that can or do corrupt the Provider’s system or the systems of other HABBL Users.

6.4 The User shall independently implement security mechanisms to protect the data in the App on the mobile device from unauthorised access. This includes, for example, at least one access control mechanism (fingerprint, PIN to activate the mobile device). The User is responsible for complying with data protection legislation in the country where he uses the data (while using the App).

7. Liability for defects of quality or title; hyperlinks

7.1 No liability whatsoever is assumed for defects of quality or title in information, software and documentation supplied free of charge, especially with respect to their accuracy, correctness, freedom from third-party industrial property rights and copyrights, completeness and/or usability, except in cases of intent or fraud.

7.2. The App may contain hyperlinks to third-party websites. The Provider assumes no responsibility whatsoever for the content of those websites nor does the Provider endorse those websites or their content because the Provider does not control the linked information and is not responsible for the content and information provided there. The User uses those websites at his own risk.

7.3 The Provider assumes no liability whatsoever for any recommendations provided in the App or the HABBL portal with respect to the processing of data provided for the User outside of the HABBL system. The Provider is not liable for the timely transmission of data if the data has been sent by the App or the HABBL Server as scheduled.

8. Other liability, viruses

8.1. The Provider’s liability for defects in quality and title is as set out in the provisions in section 7 of these Terms. The Provider has no liability whatsoever in any other regard, including, without limitation, for consequential damages, unless unlimited liability is required by law, e.g. under the German Product Liability Act (ProdHaftG), in cases of wilful misconduct, gross negligence, injury to life, limb or health, the assumption of a contractual guarantee of certain characteristics, the fraudulent concealment of a defect or the violation of material contractual duties. However, damages for the violation of material contractual duties are limited to the foreseeable damages that are typical for this contract except in cases of wilful misconduct or gross negligence. Material contractual obligations are understood to mean those obligations whose satisfaction is essential to the proper performance of the contract and upon whose satisfaction the Party may and does regularly rely.

8.2. The Provider always strives to keep the App free from viruses but cannot guarantee that the App is virus-free. Before downloading any information, software or documentation, the User shall ensure that adequate security measures and anti-virus software are in place for his own protection and to prevent viruses infecting the application.

8.3. The foregoing provisions in sections 8.1 and 8.2 do not shift the burden of proof to the User.

9. Miscellaneous provisions

9.1 The App is operated by, and is the responsibility of, the Provider or its subcontractors. The App complies with the legal requirements in the Federal Republic of Germany. The Provider assumes no liability whatsoever for the fact that information, software and/or documentation may also be accessed or downloaded from the App in locations outside the Federal Republic of Germany. Users accessing the App from locations outside the Federal Republic of Germany have sole direct responsibility for complying with local data protection provisions. It is prohibited to access information, software and/or documentation in the App in countries where it is illegal to do so.

9.2 The contractual relationships between the parties to this contract are subject to German law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded from application.

As of 11/2020