OilFox -Conditions of Usage

General conditions of use for the OilFox App

As of February 2019

 

 

1. Area of application

1.1

Use of the mobile OilFox App (“App”) offered by LIV-T GmbH, Ganghoferstr. 66e, 80339 Munich (“OilFox is a product of LIV-T GmbH“) is geared towards these conditions of use.

1.2

If the User uses the App in conjunction with an OilFox of a third party supplier, instead of these conditions of use the conditions of use of the third party supplier shall apply. In such a case, a contractual relationship shall only be brought about for use of the App with the third party supplier and not with LIV-T GmbH. The third party supplier has informed the User of its conditions of use prior to the purchase of OilFox. In addition, they shall be made available to the User again when setting up the App.

2. Utilisation rights in the App

The App is protected by copyright. LIV-T GmbH grants the User a non-exclusive right, which may not be sub-licensed or assigned, to use the App. Without approval by LIV-T, the User may not distribute, hire out or otherwise make the App available to third parties. The User may not, in particular, be granted a right to make the App available in public or otherwise use the App.

3. Liability

Where the App is made available free of charge, in line with the statutory requirements there are no warranty rights, and LIV-T GmbH shall only be liable in the case of intent or gross negligence, in particular in the case of fraudulent concealment of a defect in the App.

4. Amending these conditions of use

4.1

LIV-T GmbH reserves the right to amend these conditions of use if this becomes necessary as a result of the further development of the App or because new functions are introduced. This does not apply to clauses that apply to the contractual performance obligations of the parties. These may not be amended as described as part of this clause.

4.2

LIV-T GmbH shall inform the User in text form of the amended conditions of use prior to the planned coming into force, and draw attention to the new regulations as well as the date on which the amended conditions are due to come into force. At the same time, LIV-T shall grant the User a reasonable period of at least six weeks in which to terminate the contractual relationships with LIV-T GmbH based on these conditions of use if the User does not consent to the amended conditions of use.

4.3

If there is notice of termination is not given during the aforementioned period, the amended conditions shall be deemed applicable upon expiry of the period. The termination right is to be exercised in writing or in text form (e.g. by e-mail). Upon announcing the amended conditions of use, LIV-T GmbH shall draw the User's attention to his/her termination right, the period that applies in that respect and the significance of silence.

 

5. Final provisions

 

5.1

LIV-T GmbH reserves the right to discontinue the infrastructure used for the App. However, this shall not occur prior to expiry of two years after the User has registered. LIV-T GmbH shall notify the User of such discontinuation by e-mail sent to the address previously stated by the User.

 

5.2

These conditions of use are subject exclusively to the law of the Federal Republic of Germany by way of exclusion of the conflict of laws provisions.

5.3

If a regulation of the contract or these conditions of use is invalid, this shall not affect the validity of the other provisions. The contracting parties shall join forces to replace invalid regulations by regulations which, as far as possible, correspond with the invalid provisions. The above regulation shall apply accordingly in the event of loopholes.