Hilscher Gesellschaft für Systemautomation mbH (hereinafter referred to as Hilscher) operates the netIOT Device Information Portal (hereinafter referred to as "Portal") which the User may access manually via an Internet browser or which application programs, portals or devices can access via a service interface automatically.
1. Basic functions for manual access
All users of the portal are granted:
The basic functions of the Portal shall be available for continuous free use.
2. Service interface for automatic access
The service interface shall be offered at a charge (as of January 1, 2018). The costs are stipulated in the Annex to the "Terms and Conditions of Use of the Service Interface of the netIOT Device Information Portal".
Use of the Portal requires that the User has registered on the Portal's webpage. To do so, after entering a name and e-mail address, the User shall automatically receive an e-mail with an access link. To register, the User must confirm its data via this link (so-called "double-opt-in process"). After the User has successfully completed the registration process, access data shall be provided (log-in and temporary password). This gives the User the option to register in the Portal from the log-in area.
2. The User agrees to enter all data required for registration completely and truthfully. If there are any changes to such data at a later date, the User agrees to update the database on his own or to notify Hilscher accordingly.
3. The User agrees to keep its access data (log-in and password) secret and to protect it from unauthorized access by third parties. If there are concerns that unauthorized third parties have acquired or shall acquire knowledge about the access data, Hilscher must be notified immediately. The User shall be liable for third-party use as provided for by law.
The User may terminate registration to the basic functions at any time without providing reasons by notifying Hilscher. Termination of the service interface shall be made pursuant to the "Terms and Conditions of Use of the Service Interface netIOT Device Information Portal"
1. Hilscher shall be liable in accordance with the following provisions
To the full amount in cases of willful intent
In cases of gross negligence, only to the amount of the foreseeable damage, which should have been prevented as a result of the breached obligation
In any other cases: only in case of a violation against a cardinal obligation, if as a result the purpose of the Agreement is at risk, however in any event only in the amount of the foreseeable damage. Liability is limited to € 1 million per damage event, in total to a maximum of € 5 million under this Contract.
2. Limitations to liability pursuant to 1.shall not apply to liability for personal injury and to liability in accordance with the German Product Liability Act as well as in within the scope of Section 44a TKG [German Telecommunications Act].
3. Hilscher reserves the right to claim contributory negligence.
4. Hilscher shall not be liable for restoration of data, unless Hilscher causes the destruction thereof in a grossly negligent manner or intentionally and the User has ensured that such data can be reconstructed at reasonable cost and expense from data held ready in machine legible data material. The User is aware that among his obligations to minimize damage he is required to back up his data on a regular basis and to take all additional protective action that can be reasonably expected in case of a suspected software error.
1. Data protection
Any of the User's personal data collected by Hilscher as a part of the registration process and portal use shall only be collected, stored and processed to the extent necessary to render the services in accordance with the Agreement and as permitted under legal regulations or as mandated by legislation. Hilscher shall treat this data with utmost confidentiality and in accordance with the provisions of applicable data protection law and moreover shall not provide such data to any third party. You may at any time request information about which personal data we store. Moreover, you legally have the right to have any incorrect data corrected, blocked or deleted, provided doing so does not contradict any legal storage obligation. To do so, please send a fax to: +49 (0) 6190 9907-50 or send us an email email@example.com
For technical reasons, there can be no guarantee of uninterrupted availability of the Portal's services.
1. Should a provision of this Agreement be or become ineffective, this shall have no effect on the validity of the remainder of the Agreement. Both parties agree in this case to instead of the ineffective provision agree upon an effective one, which is closest in meaning to their original intention. German law shall apply exclusively to this Agreement to the exclusion of the United Nations Convention on the International Sale of Goods (CISG). Place of performance and jurisdiction for any dispute arising from these General Terms of Business and Use shall be Frankfurt/Main, Germany, provided an agreement on the place of jurisdiction is legally permitted. The portal and these Terms and Conditions shall not be applicable to consumers, but exclusively to entrepreneurs as defined under Section 14 BGB.
2. Information provider:
Hilscher Gesellschaft für Systemautomation mbH
Telephone: +49 (0) 6190-9907-0
Facsimile: +49 (0) 6190-9907-50
Registered Office: Hattersheim
CEO: Hans-Jürgen Hilscher
Register Court: District Court of Frankfurt/Main
Commercial Register: Frankfurt B 26873
Int. VAT No.: DE 113852715
If you have any questions please do not hesitate to contact:
Dr. Andreas Gössling
Department Leader netIOT