Terms of Use
1. Scope of Application
1.1. The use of the websites offered by SCAILE Technologies GmbH and/or its subsidiaries and associated brands (“scaile”) (hereinafter referred to as the “scaile Website”) is permitted exclusively on the basis of these terms. These General Terms of Use may, in certain cases, be supplemented, amended or replaced by additional conditions, e.g. for the purchase of products and/or services. By logging in or, if a separate login is not required, by using the website, the user accepts the validity of these terms of use in their current form.
1.2. If the user uses the scaile Website as or on behalf of a business, i.e. in the course of commercial or independent professional activity, or for a legal person under public law, the regulations of § 312i para. 1 sentence 1 no. 1–3 BGB do not apply.
1.3. In the case of web services directed at companies or legal persons under public law, the respective company or legal person is represented by the user, whose actions and knowledge are attributable to them.
2. Services
2.1. scaile provides certain information and software on the scaile Website, as well as, if applicable, related documentation for collection or download.
2.2. scaile reserves the right to terminate the operation of the scaile Website, in whole or in part, at any time. Due to the nature of the Internet and computer systems, scaile assumes no responsibility for the uninterrupted availability of the scaile Website.
3. Registration, Password
3.1. Certain pages of the scaile Website may be password-protected. Access to these pages is only granted to registered users to ensure secure business transactions. There is no entitlement to registration by scaile. scaile especially reserves the right to make websites that were previously freely accessible subject to registration. scaile is entitled to revoke the access authorization by blocking the access data without stating any reason, particularly if the user:
has provided false information during registration,
has violated these terms or their duty of care in handling the access data,
has violated applicable laws when accessing or using the scaile Website, or
has not used the scaile Website over an extended period.
3.2. If registration is required, the user must provide truthful information during registration and notify any subsequent changes immediately (online, if necessary). The user must ensure that they can receive emails sent to the provided email address.
3.3. After registration, the user receives a username and a password (hereinafter referred to as “user data”). On first login, the user must change the password assigned by scaile to a password known only to them. With the help of the user data, the user can view, change or, if applicable, revoke or extend their consent to data processing.
3.4. The user must ensure that the user data is not accessible to third parties and is liable for all orders and other activities carried out under their user data. After each use, the password-protected area must be left. If the user becomes aware of any misuse of their user data by third parties, they must notify scaile immediately in writing, possibly in advance by simple email.
3.5. Upon receipt of such notification as per section 3.4, scaile will block access to the password-protected area with these user data. The lifting of the block is only possible upon separate application by the user to scaile or after re-registration.
3.6. The user can request the deletion of their registration at any time in writing, provided there are no ongoing contractual relationships preventing this. In this case, scaile will delete all user data and other stored personal data of the user as soon as they are no longer needed.
4. Usage Rights to Information, Software and Documentation
4.1. The use of the information, software and documentation provided on the scaile Website is subject to these terms or, in the case of updates to information, software or documentation, the previously agreed license terms with scaile. Separate license agreements, such as those made when downloading software, take precedence over these terms.
4.2. scaile grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided on the scaile Website in the agreed-upon scope, or if no agreement exists, in the context of the purpose of provision and release pursued by scaile.
4.3. Software is provided free of charge in machine-readable form. There is no claim for the release of the source code unless it is open-source software whose license conditions require the release of the source code. In this case, scaile provides the source code against reimbursement of costs.
4.4. The user must not at any time forward, rent, or otherwise make accessible the information, software, and documentation to third parties. Unless mandatory legal provisions stipulate otherwise, the user must not modify, reverse engineer, translate or remove parts from the software. The user may create a backup copy of the software if this is essential for securing future use in line with these terms of use.
4.5. The information, software, and documentation are protected by copyright laws, international copyright treaties, and other laws and agreements on intellectual property rights. The user must respect these rights and must not remove alphanumeric codes, trademarks or copyright notices from the information, software, documentation or copies thereof.
4.6. The §§ 69a ff. of the Copyright Act remain unaffected.
5. Intellectual Property
5.1. Notwithstanding the specific regulations in section 4 of these Terms of Use, information, brand names and other content of the scaile Website must not be altered, copied, reproduced, sold, rented, used, added to or otherwise exploited without prior written permission from scaile.
5.2. Apart from the usage rights expressly granted herein, no further rights of whatever kind are granted to the user, especially with regards to company names and industrial property rights such as patents, utility models or trademarks, nor is scaile obliged to grant such rights.
5.3. If the user provides ideas and suggestions on the scaile Website, scaile may use them free of charge for the development, enhancement, and marketing of its products and services.
6. Obligations of the User
6.1. When using the scaile Website, the user must not:
violate public morals,
infringe upon intellectual property rights, copyrights or other proprietary rights,
transmit content containing viruses, so-called Trojan horses or other programming that can damage software,
enter, store or send links or content they are not entitled to use, particularly if these links or content violate confidentiality obligations or are illegal, or
send advertisements or unsolicited emails (so-called “spam”) or inaccurate virus warnings, malfunctions, etc., or call for participation in competitions, pyramid schemes, chain letters, pyramid systems and similar actions.
6.2. scaile may block access to the scaile Website at any time, particularly if the user violates their obligations under these terms.
7. Hyperlinks
The scaile Website may contain hyperlinks to third-party websites. scaile assumes no responsibility for the content of these websites and does not endorse these websites or their content, as scaile does not control the linked information and is not responsible for the content and information provided there. The use of these websites is at the user's own risk.
8. Liability for Defects in Materials and Title
8.1. If information, software, or documentation is provided free of charge, liability for material and legal defects of this information, software, and documentation, particularly in relation to accuracy, absence of errors, absence of infringement of protective and copyrights of third parties, completeness and/or usability – except in cases of intent or malice – is excluded.
8.2. The information on the scaile Website may contain specifications or general descriptions of technical possibilities of products that may not apply in individual cases (e.g., due to product changes). Therefore, the desired product characteristics must be agreed upon on a case-by-case basis at the time of purchase.
9. Further Liability, Viruses
9.1. Liability by scaile for material and legal defects is governed by section 8 of these Terms of Use. Otherwise, all liability of scaile is excluded unless liability is mandatory, such as under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, assumption of a quality guarantee, fraudulent concealment of a defect or breach of essential contractual obligations. Compensation for breach of essential contractual obligations is limited to the typical contractually foreseeable damage, unless there is intent or gross negligence.
9. Further Liability, Viruses (Continuation)
9.2. Although scaile strives to keep the scaile Website free from viruses, scaile does not guarantee virus-free operation. For personal protection and to prevent viruses on the scaile Website, the user should implement appropriate security measures and use virus scanners before downloading information, software or documentation.
9.3. The preceding provisions in section 9.1 and 9.2 do not imply a reversal of the burden of proof to the disadvantage of the user.
10. Compliance with Export Control Regulations
10.1. When passing on information, software and documentation provided by scaile to third parties, the user must comply with applicable national and international (re-)export control regulations. In any case, the user must observe the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America in connection with such transfers.
10.2. Prior to such transfer, the user must in particular ensure that:
they do not violate an embargo imposed by the European Union, the United States of America and/or the United Nations by transferring the information, software and documentation provided by scaile to third parties, or by making other economic resources available in connection with the information, software and documentation provided by scaile, even taking into account any restrictions on internal trade and circumvention prohibitions;
the information, software and documentation provided by scaile are not intended for prohibited or approval-required military or weapon-related uses unless the necessary approvals are in place;
the rules of all applicable sanction lists of the European Union and the United States of America are observed with respect to transactions with particular companies, individuals, or organizations.
10.3. If required by authorities or by scaile for export control checks, the user must provide scaile immediately with all necessary information about the end recipient, the end destination and the intended use of the information, software and documentation provided by scaile as well as about the relevant export restrictions.
10.4. The user indemnifies scaile against all claims asserted by authorities or other third parties against scaile due to the user's non-compliance with the aforementioned export control obligations, and they replace scaile for any damages and expenses incurred in this context, unless the user is not responsible for the breach. This does not involve a shift in the burden of proof.
10.5. The fulfilment of the contract by scaile is subject to the condition that there are no obstacles due to national or international regulations of foreign trade law as well as no embargos and/or other sanctions.
11. Supplementary Agreements, Jurisdiction, Applicable Law
11.1. Supplementary agreements must be in writing.
11.2. If the user is a merchant according to the Commercial Code, the place of jurisdiction is Munich.
11.3. The individual pages of the scaile Website are operated and managed by SCAILE Technologies GmbH and/or its subsidiaries. The pages take into account the requirements of the country in which the respective responsible company is based. scaile assumes no responsibility that information, software and/or documentation from the scaile Website can also be accessed or downloaded outside of the respective country. Users accessing the scaile Website from outside the respective country are solely responsible for compliance with applicable local laws. Access to information, software and/or documentation from the scaile Website from countries where such access is illegal is not permitted. In this case, and if the user wishes to establish business relations with scaile, the user should contact scaile's representatives in the respective country.
11.4. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
