General usage conditions
1. General objective and scope
Thank you very much for making use of our offer or service (hereinafter referred to as “Service”.) The Service is provided to you by Sellwerk GmbH & Co. KG, Pretzfelder Straße 7-11, 90425 Nuremberg, Germany (hereinafter referred to as “Provider”.)
Use of this Service is contingent on your accepting our General Conditions of Use (hereinafter referred to as “GCU”.) Please read them carefully and in full.
We offer a range of different services, some of which may be subject to additional conditions under certain circumstances. These conditions are described or linked below in the current GCU and constitute part of the contractual relationship of use to the extent that they involve use of the respective Service.
By accessing or using our Service, or registering with us, you acknowledge the validity of the following GCU and undertake to comply with the same as well as the applicable legal provisions. The use of our Service is exclusively governed by these GCU.
These GCU regulate the use of the Online Services provided by Sellwerk GmbH & Co. KG
The Provider reserves the right to modify the existing GCU. Where possible, the User will be promptly informed in advance of any modifications by e-mail before they come into effect. In the absence of any objection from the User within 4 weeks of receipt of said notification, the modified GCU shall be deemed accepted.
You are required to register for some of our services to use them. By registering and clicking on the corresponding button, the User concludes an agreement with the Provider on the use of the Online Service.
Registration is also possible via social networks with which the User has already registered. In such cases, the User agrees that the Provider is authorized to request and store the data required to use the Service from the relevant social network. Permission shall be explicitly requested from the User in this instance and the scope of data required shall be specified.
During registration, the User affirms that he/she is at least 14 years of age and will use the Online Service of the Provider exclusively for private purposes. The User also undertakes to ensure only accurate, current and complete information is submitted via the online registration form of the Provider and to update these details in the event of any changes. Any input errors shall be immediately corrected.
If the registration is successful, the User will receive confirmation via e-mail or SMS. The Provider shall also supply the User with a personal, password-protected account.
The User undertakes to protect his/her account against any third-party use. The Provider reaffirms that the personal password selected must not be passed on, nor made overly simple. The User is liable for any unauthorized use of his/her account.
3. Use of the Service – obligations of the User
All content and services are protected (e.g. via copyright, trademark, patent or other rights) and may only be used in the form explicitly approved by the Provider. The User is particularly obliged to ensure the indications used in the Service (names, trademarks, company identifiers, etc.) remain unchanged.
The User further undertakes to comply with the following:
- To refrain from implementing any applications, which could alter the physical or logical structure of the networks used,
- To refrain from any attempt to translate, reverse-engineer, decompile or disassemble the software code of the Service,
- To refrain from any attempt made or program developed to allow operation of the program functions of the Service by circumventing the user interface. This applies particularly to any relevant scripts, robots, auto-posting procedures and other technical features achieving similar purposes.
The User guarantees and is solely responsible for ensuring that the content he/she posts and/or transmits does not breach any legal requirements or third-party rights. The User undertakes in particular to refrain from posting or transmitting any content which is incompatible with the principles of fair competition and consumer protection, copyright and protected industrial third-party rights, data protection, applicable criminal law provisions and/or ordinary laws, general provisions on the protection of youth and right of personal honor (collectively summarized as: the “non-contractually compliant content”.)
The definition of non-contractually compliant content particularly applies to content containing discriminating racist annotations, hostile remarks regarding foreigners and pornographic or other material of a sexually degrading nature. Moreover, the privacy of others shall be respected and the User shall refrain, regardless of circumstances, from transmitting any unsolicited, harassing, defamatory or threatening content. The scope of posting non-contractually compliant content shall also include incorporating hypertext links or other technical links which facilitate access to non-contractually compliant content on third-party websites.
If the User breaches any obligations imposed on him/her in accordance with the current GCU or other rules and regulations, the Provider shall be entitled to block the account of the User, delete any non-contractually compliant or illegal content, terminate the existing usage relationship and hence delete the account and/or prevent any future registration of the User. Any claims of the User due to such actions taken vis-à-vis the Provider shall be excluded.
If the Provider is subject to third-party claims due to any non-contractually compliant or illegal use of the account, the User shall indemnify the Provider from such claims as well as any damages and costs thereby incurred, including the costs of any legal defense which may be required. In such cases, the Provider is not obliged to conclusively review any authorization and may accede to any request in the interim, even without consulting the User beforehand.
4. Warranty and liability
Claims for damages, regardless of the legal grounds, shall be excluded to the legally permissible extent, unless the Provider has intentionally or with gross or simple negligence breached its contractual obligations, the fulfilment of which is required to execute the contract in the first place (so-called “cardinal obligations”.) In the latter case, the scope of liability is limited to typical contractual and foreseeable damage. For any injury to life, body or health for which the Provider is responsible, the Provider shall be liable to an unlimited extent.
Liability for damages which occur despite committing to guarantee the properties of the work as well as liability in accordance with the German product liability laws shall be unaffected by the same.
The Provider assumes no warranty for the uninterrupted availability of services and the quality of the lines.
The Provider also has no influence on the transport of data via the Internet.
Unforeseeable events, such as Force Majeure, strikes, official actions, transmission outages or other disturbances, beyond the control of the Provider, release the latter from its contractual service provision and guarantee obligations.
The Provider must strive to make every reasonable effort to ensure that such disturbances are rectified as soon as possible. The User shall strive to support the Provider in such efforts in rectifying such defects and indicate any defect to the Provider immediately and in writing.
The Provider makes no guarantee that the data is accurate, updated and suitable for meeting any purpose specified by the User or third party.
5. Termination/discontinuation of the Service
The usage relationship is concluded for an indefinite period.
Both the User and the Provider may terminate the usage relationship at any time and without specifying reasons. In particular, the User is not entitled to claim any entitlement to retention or continuation of the Online Service offered by the Provider.
If the account is terminated or deleted and/or the Online Service discontinued, all data shall be deleted, subject to any statutory retention periods.
6. Data protection
The Provider shall ensure compliance with the applicable legal data protection requirements when handling the data of the User. Personal data and particularly also the registration details of the User shall solely be stored, used and transmitted for the purpose of executing contractual entitlement. The User hereby grants consent for the same, which may also be revoked. The User may view data stored on him/her at any time by accessing the settings of his/her account.
Connection data shall be stored to the extent required to execute the contract or comply with legal requirements and immediately deleted, when the purpose of storage no longer applies. When the contract is concluded and liquidated, all personal data of the User shall be deleted. In all other cases, reference is made to the data protection provisions as specified here.
All legal disputes arising as a result of the usage relationship shall be governed by German law, excluding the rules of international law and the UN Sales Convention.
For all disputes between the Provider and User, to the extent legally permissible, it is agreed that Nuremberg shall be the sole place of jurisdiction.
Extended general usage conditions for Clever Dialer
8. Object and scope of services
Clever Dialer is an app (hereinafter referred to as “App”), which allows smartphone users to search their choice of dialog partner, deploying the App and operating within its functional scope, in the following sources:
- Local address book of the App user
- Public directories, such as Google
- Data provided by other App users within the App
The communication data retrieved may be used to facilitate directly connected telephone calls.
Moreover, Clever Dialer can also exploit the above sources to determine the name of a caller, provided he/she has transmitted his/her call number and openly published the data or it has been made available via another User.
9. Declarations of the User
aa) Before using the App, the User will be requested to consent to call numbers selected by him/her being transferred to the Clever Dialer in anonymized form, to, for example, supply more information about unrecognized call numbers in the recent calls list.
This consent may be revoked at any time by issuing notification to email@example.com . However, this will prevent any further use of the App, which should be uninstalled from the smartphone in such cases.