scin App – Privacy Policy
DATA PRIVACY POLICY – App: scin – 3D Scanning
Last updated on 01 October 2024
This Privacy Policy for viscan GmbH ('we', 'us' or 'our') describes how and why we access, collect, store, use and/or disclose ('process') your personal data when you use our services ('Services'), including when you download and use our mobile application (SCIN) or any other application of ours that references this Privacy Policy.
Do you have any questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal data is processed. If you do not agree with our policies and practices, please do not use our services. If you still have questions or concerns, please contact us at [email protected].
SUMMARY OF THE MOST IMPORTANT POINTS
In this summary you will find the main points of our privacy policy. However, you can find out more details about each of these topics by clicking on the link following the relevant point or by using our table of contents below to find the section you are looking for.
What personal data do we process? When you visit, use, or navigate through our Services, we may process personal data depending on how you interact with us and the Services, the choices you make and the products and features you use.
Do we process sensitive personal data? Some of the information may be considered “special†or “sensitive†in certain countries, such as your racial or ethnic origin, sexual orientation, and religious beliefs. We do not process sensitive personal data.
Do we collect information from third parties? We do not collect information from third parties.
How do we process your data? We process your data to provide, improve and manage our services, to communicate with you, to prevent security and fraud and to comply with legal requirements. With your consent, we may also process your data for other purposes. We will only process your data if we have a valid legal reason to do so.
In which situations and with which parties do we share personal data? We may share information in certain situations and with certain categories of third parties. In the following section 4 you find out more about when and with whom we share your personal data.
What rights do you have? Depending on where you are located, you have certain rights under applicable data protection law in relation to your personal data. Find out more about your data protection rights.
How can you exercise your rights? The easiest way to exercise your rights is to visit [email protected] or contact us. We will consider any request in accordance with applicable data protection laws and act accordingly.
Want to know more about what we do with the data we collect? Read the full privacy policy.
TABLE OF CONTENTS
1 WHAT INFORMATION DO WE COLLECT?
2 HOW DO WE PROCESS YOUR DATA?
3 WHAT LEGAL BASES DO WE RELY ON WHEN PROCESSING YOUR PERSONAL DATA?
4 WHEN AND TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?
5 DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6 HOW LONG DO WE STORE YOUR DATA?
7 DO WE COLLECT INFORMATION FROM MINORS?
8 WHAT RIGHTS DO YOU HAVE IN RELATION TO DATA PROTECTION?
9 CONTROLS FOR DO-NOT-TRACK FEATURES
10 DO WE UPDATE THIS NOTICE?
11 HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
12 HOW CAN YOU REVIEW, UPDATE OR DELETE THE INFORMATION WE COLLECT?
1. WHAT INFORMATION DO WE COLLECT?
Personal information that you provide to us
In short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in information about us or our products and services, when you participate in activities on the Services, or when you otherwise contact us.
Personal information provided by you. The personal information we collect depends on the context of your interactions with us and the Services, your choices, and the products and features you use. The personal information we collect may include the following:
• Contact or authentication data.
Sensitive information. We do not process sensitive information.
Application data. When you use our application(s), we may also collect the following information if you give us access or permission to do so:
• Geolocation Information. We may request access to or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s) to provide certain location-based services. If you wish to change our access or permissions, you can do so in your device's settings.
• Access to mobile devices. We may request access or permission to certain features of your mobile device, including Bluetooth, camera, sensors, storage and other features of your mobile device. If you wish to change our access or permissions, you can do so in your device's settings.
• Data about the mobile device. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). When you use our Application(s), we may also collect information about the telephone network connected to your mobile device, the operating system or platform of your mobile device, the type of mobile device you use, the unique device ID of your mobile device and information about the features of our Application(s) that you access.
• Push notifications. We may ask you to send push notifications about your account or certain features of the Application(s). If you do not wish to receive these types of notifications, you can disable them in your device settings.
This information is primarily required to maintain the security and operation of our application(s), to enable the functionalities of the provided services, for troubleshooting and for our internal analysis and reporting purposes.
All personal data you provide to us must be true, complete and accurate, and you must inform us of any changes to this personal data.
Automatically collected information:
In short: Some information - such as your Internet Protocol address and/or browser and device characteristics - is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate through the Services. This information does not reveal your identity (such as your name or contact details), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language settings, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily required to maintain the security and operation of our services, to enable the functionalities of the provided services, and for our internal analysis and reporting purposes.
Like many other companies, we collect information through cookies and similar technologies.
The information we collect includes:
• Log and Usage Data. Log and Usage Data is service-related, diagnostic, usage, and performance information that our servers automatically collect when you access or use our Services and that we record in log files. Depending on how you interact with us, this Log Data may include your IP address, device information, browser type and settings, and information about your activity on the Services (e.g., date and time stamps associated with your usage, pages and files viewed, searches and other actions, such as the features you use), information about device events (e.g., system activity, error reports (sometimes called “crash dumpsâ€) and hardware settings).
• Device Data. We collect Device Data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device you use, this Device Data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location data. We collect location data, such as information about the location of your device, which may be either accurate or inaccurate. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of the collection of this data by either denying access to this data or disabling the location setting on your device. However, if you choose not to do so, you may not be able to use certain aspects of the Services.
• Google API. Our use of information we receive from Google APIs is in accordance with the Google API Services User Data Policy, including the Restricted Use Requirements.
2. HOW DO WE PROCESS YOUR INFORMATION?
In short: We process your data to provide, improve and manage our services, to communicate with you, to prevent security and fraud and to comply with legal requirements.
With your consent, we may also process your data for other purposes.
We process your personal data for various reasons depending on how you interact with our services, for example:
• To request feedback. We may process your data where necessary to ask you for feedback and to contact you about your use of our services.
• To protect our services. We may process your data as part of our efforts to keep our services secure, including monitoring and preventing fraud.
• To identify usage trends. We may process information about how you use our Services to better understand how they are used so that we can improve them.
• To safeguard or protect the vital interests of an individual. We may process your data if this is necessary to safeguard or protect a person's vital interests, e.g. to prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR DATA?
In short: We only process your personal data where we believe it is necessary and we have a valid legal ground (i.e. a legal basis) to do so under applicable law, for example, with your consent, to comply with laws, to provide services to you, to enter into or perform our contractual obligations, to protect your rights or to meet our legitimate business interests.
The General Data Protection Regulation (GDPR) and the UK GDPR require us to explain the applicable legal bases we rely on to process your personal data. For example, we may rely on the following legal bases to process your personal data:
• Consent. We may process your data if you have given us permission (i.e. your consent) to use your personal data for a specific purpose. You can withdraw your consent at any time by contacting us using the contact details provided at the end of this document.
• Legitimate interests. We may process your data where we believe it is necessary for the realization of our legitimate business interests and those interests are not overridden by your interests and fundamental rights and freedoms. For example, we may process your personal data for some of the purposes described to
◦ analyze how our services are used so that we can improve them to attract and retain users.
◦ diagnose problems and/or prevent fraudulent activity.
◦ understand how our users use our products and services so that we can improve the user experience.
• Legal obligations. We may process your data where we believe it is necessary for compliance with our legal obligations, for example, to co-operate with a law enforcement agency or regulator, to exercise or defend our legal rights, or to disclose your data as evidence in a legal dispute to which we are a party.
• Vital interests. We may process your data if we believe that this is necessary to protect your vital interests or the vital interests of a third party, e.g. in situations where a person's safety is threatened.
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
In short: We may share information in certain situations described in this section and/or with the following categories of third parties.
Vendors, consultants, and other third-party service providers. We may share your information with third party vendors, service providers, contractors, or agents ('Third Parties') who perform services for us or on our behalf and require access to that information to do that work. We have entered into contracts with our third parties that are designed to protect your personal data. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will also not share your personal data with organizations other than us. They also undertake to protect the data they hold on our behalf and to keep it for the period we specify.
The categories of third parties to whom we may disclose personal data are as follows:
• Cloud computing services
• Providers of data storage services
• Data analytics services
• Performance monitoring tools
• Product development and design tools
• Testing tools
• User account registration and authentication services
We may also need to share your personal data in the following situations:
• Business Transfers. We may share or transfer your information in connection with or during negotiations of a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
• When we use Google Maps Platform APls: We may share your data with certain Google Maps Platform APls (e.g. Google Maps API, Places API). Google Maps uses GPS, Wi-Fi and mobile phone masts to determine your location. GPS is accurate to around 20 meters, while Wi-Fi and cell towers improve accuracy when GPS signals are weak, e.g. indoors. This data helps Google Maps to create directions but is not always completely accurate. We collect and store your location on your device ('cache'). You can withdraw your consent at any time by contacting us using the contact details provided at the end of this document.
• Business partners. We may share your information with our business partners to offer you certain products, services, or promotions.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (such as web beacons and pixels) to collect information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services, prevent crashes, troubleshoot errors, remember your preferences, and support basic site functionality.
We also allow third parties and service providers to use online tracking technologies on our Services for analytics purposes.
For specific information on how we use such technologies and how you can refuse certain cookies, please refer to our Cookie Notice.
6. HOW LONG DO WE KEEP YOUR DATA?
In short: We will retain your data for as long as necessary to fulfil the purposes outlined in this Privacy Notice, unless required by law.
We will only retain your personal data for as long as necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (e.g. for tax, accounting, or other legal reasons).
If we have no further legitimate business need to process your personal data, we will either delete or anonymize that data or, if this is not possible (e.g. because your personal data has been stored in backup archives), we will securely store your personal data and isolate it from any further processing until deletion is possible.
7. DO WE COLLECT INFORMATION FROM MINORS?
In short: We do not knowingly collect information from or market to children under the age of 18.
We do not knowingly collect information from or market to children under the age of 18. We also do not knowingly sell such personal information. By using the Services, you represent that you are at least 18 years of age or that you are the parent or guardian of such a minor and consent to such minor's use of the Services. If we learn that personal information has been collected from users under the age of 18, we will deactivate the account and take reasonable steps to promptly delete that information from our records. If you become aware of any information, we have collected from children under the age of 18, please contact us at [email protected].
8. WHAT ARE YOUR DATA PROTECTION RIGHTS?
In short: In some regions, such as the European Economic Area (EEA), the United Kingdom (UK) and Switzerland, you have rights that give you more access to and control over your personal data. Depending on your country, province, or state of residence, you may be able to review, change or cancel your account at any time.
In some regions (e.g. the EEA, the United Kingdom and Switzerland), you have certain rights under applicable data protection laws. These include, among others, the right to (i) request access to and obtain a copy of your personal data, (ii) request rectification or erasure, (ii) restrict the processing of your personal data, (iv) request data portability where applicable, and (v) not be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal data. You can make such a request by contacting us using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
We will consider any request in accordance with applicable data protection laws and act accordingly. If you are located in the EEA or the UK and believe that we are unlawfully processing your personal data, you also have the right to complain to the data protection authority in your Member State or the UK Data Protection Authority. If you are based in Switzerland, you can contact the Federal Data Protection and Information Commissioner.
Withdrawal of your consent: If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us using the contact details provided in the 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' section below.
Please note, however, that this does not affect the lawfulness of processing prior to withdrawal, nor does it affect processing of your personal data carried out based on lawful processing grounds other than consent.
If you have any questions or comments about your data protection rights, you can email us at [email protected].
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and applications include a 'do-not-track' feature or setting that you can enable to signal that you do not want data about your online browsing activities to be monitored and collected. At this time, a uniform technology standard for recognizing and implementing DNT signals has not yet been established. Therefore, we do not currently respond to DNT browser signals or other mechanisms that automatically communicate that you do not wish to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you of this practice in a revised version of this Privacy Notice.
10. WILL WE UPDATE THIS NOTICE?
In short: Yes, we will update this notice as necessary to comply with applicable laws.
We may update this Privacy Notice from time to time. The updated version will be indicated by an updated 'Revised' date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you of these changes either by prominently posting a notice or bysending you a notification directly. We encourage you to review this Privacy Notice regularly to stay informed about how we are protecting your information.
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have any questions or comments about this notice, you can contact our Data Protection Officer (DPO) by email at [email protected], by phone at +4979120213492 or by post at the following address:
viscan GmbH
Datenschutzbeauftragter
Stauffenbergstrasse 18
D-74523 Schwaebisch-Hall
Deutschland
12. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE HAVE COLLECTED?
You have the right to request access to the personal data we have collected, details of how we have processed it, to correct inaccuracies or to delete your personal data. You may also have the right to withdraw your consent to our processing of your personal data. These rights may be restricted by applicable law in certain circumstances. To request to review, update or delete your personal data, please visit: [email protected].
Cookies Policy – App: scin – 3D Scanning
Last updated: October 1, 2024
This Cookie Policy explains what cookies are and how We use them. You should read this policy so that you understand what type of cookies We use or what information We collect using cookies and how that information is used.
Cookies do not usually contain information that personally identifies a user, but personal information that We store about you may be linked to the information stored in and obtained from cookies. For more information about how We use, store and keep your personal information secure, please see our Privacy Policy.
We do not store sensitive personal data such as postal addresses, account passwords etc. in the cookies We use.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Cookies Policy:
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Cookies Policy) refers to viscan GmbH, Stauffenbergstrasse 18, D-74523 Schwaebisch-Hall.
• Platform Partners are
◦ Sodex: Sodex Innovations GmbH / Loruens 20 / 6700 Loruens / Austria / [email protected] / https://sodex-innovations.com/impressum/
• Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
• App refers to SCIN, accessible from Apple App Store.
• You means the individual accessing or using the App, or a company, or any legal entity on behalf of which such individual is accessing or using the App, as applicable.
The use of the Cookies
Type of Cookies We Use
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
• Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us or/and all Platform Partners SCIN supports.
Purpose: These Cookies are essential to provide You with services available through the App and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Functionality Cookies
Type: Persistent Cookies
Administered by: Us or/and all Platform Partners SCIN supports.
Purpose: These Cookies allow us to remember choices You make when You use the App, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the App.
Your Choices Regarding Cookies
If You prefer to avoid the use of Cookies on the App, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with the websites of the portal provided by Us or the Platform Partners. You may use this option for preventing the use of Cookies at any time.
If You do not accept Our Cookies or/and Platform Partners' cookies, You may experience some inconvenience in your use of the App and some features may not function properly.
If You'd like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.
• For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
• For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
• For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser's official web pages.
Contact Us
If you have any questions about this Cookies Policy, You can contact us by email: [email protected] or via the contact information provided as part of the Privacy Policy.
END USER LICENSE AGREEMENT – App: scin – 3D Scanning
Last updated on 01 October 2024
SCIN is licensed to you (end user) by viscan GmbH, with its registered office and business address at Stauffenbergstrasse 18, Schwaebisch-Hall, Baden-Wuerttemberg 74523, Germany ('Licensor') exclusively for use under the terms of this License Agreement. Our sales tax identification number is DE280947090.
By downloading the Licensed Application from Apple's software distribution platform ('App Store') and any updates (as permitted in this License Agreement), you agree to all the terms and conditions of this License Agreement and that you accept this License Agreement. App Store is referred to in this License Agreement as the 'Services'.
The parties to this License Agreement acknowledge that the Services are not a party to this License Agreement and are not bound by any terms or obligations relating to the Licensed Application, such as warranty, liability, maintenance, and support. viscan GmbH, not the Services, is solely responsible for the Licensed Application and its content.
This License Agreement shall not contain any terms of use for the Licensed Application that conflict with the current Apple Media Services Terms and Conditions ('Terms of Use'). viscan GmbH confirms that it has had the opportunity to review the Terms of Use and that this License Agreement does not conflict with them.
When you purchase SCIN or download it through the Services, you are granted a license for exclusive use under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to you. SCIN may be used on devices running Apple's operating systems ('iOS' and 'Mac OS').
TABLE OF CONTENTS
1 THE APPLICATION
2 SCOPE OF THE LICENCE
3 TECHNICAL REQUIREMENTS
4 MAINTENANCE AND SUPPORT
5 USER-GENERATED CONTRIBUTIONS
6 LICENCE FOR CONTRIBUTIONS
7 LIABILITY
8 WARRANTY
9 PRODUCT CLAIMS
10 LEGAL COMPLIANCE
11 CONTACT INFORMATION
12 TERMINATION
13 TERMS AND CONDITIONS FOR AGREEMENTS WITH THIRD PARTIES AND BENEFICIARIES
14 INTELLECTUAL PROPERTY RIGHTS
15 APPLICABLE LAW
16 MISCELLANEOUS
1. THE APPLICATION
SCIN ('licensed application') is a software developed to create 3D models for civil engineering or cable construction applications that require geo-referenced, high-precision input data. The app supports the user in capturing data sets that fulfil these requirements. For this purpose, sensor data from smartphones is used and collected and combined with high-precision GNSS position data from external sensors. The app was developed and customized for iOS mobile devices ('devices'). It is used to collect data sets for photogrammetric processing including uploading to external platforms.
2. SCOPE OF THE LICENCE
2.1 You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on all devices that you (End User) own or control and that are permitted under the Usage Rules, except that the Licensed Application may be accessed and used by other accounts associated with you (End User, Purchaser) via family sharing or bulk purchases.
2.2 This License shall also apply to any updates to the Licensed Application provided by the Licensor that replace, repair and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license shall apply.
2.3 You may not transfer or make the Licensed Application available to third parties (except to the extent permitted by the Usage Rules and with the prior written consent of viscan GmbH), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Licensed Application or any part thereof (except with the prior written consent of viscan GmbH).
2.5 You may not copy (except as expressly permitted by this License and the Terms of Use) or modify the Licensed Application or any part thereof. You may only make and store copies on equipment owned or controlled by you for backup purposes in accordance with the terms of this License, the Usage Rules, and any other terms applicable to the equipment or software used. You may not remove any intellectual property notices. You acknowledge that unauthorized third parties may not gain access to these copies at any time. If you sell your devices to third parties, you must remove the licensed application from the devices before doing so.
2.6 Violations of the above-mentioned obligations as well as the attempt of such a violation can be prosecuted and lead to compensation for damages.
2.7 The Licensor reserves the right to change the terms of the license.
2.8 Nothing in this License shall be construed as limiting the terms of any third party. When using the Licensed Application, you must ensure that you comply with any applicable third-party terms. As the Licensed Application uses the Google Maps API, by using the Licensed Application you accept and agree to Google's Terms of Use (https://cloud.google.com/maps-platform/terms).
3. TECHNICAL REQUIREMENTS
3.1 The licensed application requires iOS 17 or higher. The licensor recommends using the latest version of the firmware. The licensed application supports the external RTK GNSS receiver viDoc. viDoc must be equipped with firmware version 1.0.1 or higher
3.2 The Licensor shall endeavor to keep the Licensed Application up to date so that it is compatible with changed/new versions of the firmware and new hardware. You are not entitled to such an update.
3.3 You acknowledge that it is your responsibility to confirm and determine that the terminal device on which you intend to use the Licensed Application meets the technical specifications set out above.
3.4 The Licensor reserves the right to change the Technical Specifications at any time at its sole discretion.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for the provision of maintenance and support services for the Licensed Application. You may contact the Licensor at the email address listed in the App Store Overview for this Licensed Application.
4.2 viscan GmbH and the End User acknowledge that the Services have no obligation to provide any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application only provides users with the ability to submit data sets collected for the creation of 3D models to external partner platforms ('Contributions'). The Contributions can be viewed by other users of the Partner Platforms and via third party websites or applications. Therefore, any Contributions you submit may be treated in accordance with the privacy policies of the Partner Platforms. When you create or provide Contributions, you represent and warrant that:
The Contributions do not violate the Partner Platform's Terms of Use.
The creation, distribution, transmission, public display, or performance, accessing, downloading, or copying of your Contributions does not violate the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights, of any third party.
You are the author and owner or have the necessary licenses, rights, consents, releases, and permissions to authorize us, the Partner Platforms, the Licensed Application, and other users of the Licensed Application, and the Partner Platforms to use your Contributions in the manner contemplated by the Partner Platforms, the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use the name or likeness of each identifiable individual to enable the inclusion and use of your Contributions in any manner contemplated by the Partner Platforms, the Licensed Application, and this Licence Agreement.
• Your posts are not false, inaccurate, or misleading.
• Your posts are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
• Your Submissions are not obscene, lewd, lascivious, filthy, violent, harassing, abusive, defamatory, or otherwise objectionable (as determined by us).
• Your posts will not ridicule, mock, denigrate, intimidate, or offend anyone.
• Your Contributions will not be used to harass or threaten others (within the legal meaning of those terms) or to promote violence against any person or group of persons.
• Your posts do not violate any applicable laws, regulations, or rules.
• Your contributions do not violate the privacy or publicity rights of a third party.
• Your posts do not violate any applicable laws relating to child pornography or other provisions protecting the health or welfare of minors.
• Your contributions do not contain offensive comments relating to ethnicity, national origin, gender, sexual preference, or physical disability.
• Your Contributions do not violate any provision of this License Agreement or any applicable law or regulation and do not contain links to material that violates such provision.
Any use of the Licensed Application in violation of the foregoing is a breach of this License Agreement and may result in, among other things, termination, or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENCE
You agree that we may access, store, process and use any information and personal data you provide to us in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback on the Licensed Application, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim ownership of your submissions. You retain full ownership of all of your Submissions and any intellectual property rights, or other proprietary rights associated with your Submissions. We are not liable for any statements or representations in your Contributions that you have provided in any area of the Licensed Application or the Partner Platforms.
You are solely responsible for your contributions to the Licensed Application and to the Partner Platforms and expressly agree to hold us harmless from any and all liability and to refrain from any legal action against us with respect to your contributions.
7 LIABILITIES
7.1 The Licensor's liability for breaches of duty and unauthorized acts is limited to intent and gross negligence. Only in the event of a breach of material contractual obligations (cardinal obligations) shall the Licensor also be liable for slight negligence. In any case, liability shall be limited to the foreseeable damage typical for the contract.
The aforementioned limitation shall not apply to injury to life, limb, or health.
7.2 The Licensor accepts no liability for damages resulting from a breach of the obligations under Section 2 of this license agreement. In order to avoid loss of data, you are obliged to make use of the backup functions of the Licensed Application, insofar as this is permitted under the applicable third-party terms of use. You are aware that if the Licensed Application is modified or tampered with, you will no longer have access to the Licensed Application.
7.3 The Licensor accepts no liability for damages arising directly or indirectly from the use of the licensed application. In particular, the Licensor accepts no liability with regard to the quality and accuracy of the data records created using the licensed application.
8 WARRANTIES
8.1 The Licensor warrants that the Licensed Application is free of spyware, Trojan horses, viruses or other malware at the time of your download. The Licensor warrants that the Licensed Application will function as described in the user documentation.
8.2 There is no warranty for the Licensed Application which is not executable on the device, which has been modified without authorization, handled improperly or culpably, combined or installed with unsuitable hardware or software, used with unsuitable accessories, regardless of whether by yourself or by third parties, or if there are other reasons beyond the control of viscan GmbH which impair the executability of the Licensed Application.
8.3 You are obliged to check the Licensed Application immediately after installation and to report any defects immediately by e-mail to viscan GmbH (see contact information). The defect report will be considered and further investigated if it is made by e-mail within a period of thirty (30) days after discovery.
8.4 If we confirm that the Licensed Application is defective, viscan GmbH reserves the right to choose to remedy the defect either by repair or replacement.
8.5 If the Licensed Application does not comply with the applicable warranty provisions, you may notify the operator of the Services and the purchase price for the Licensed Application will be refunded to you. To the extent permitted by applicable law, the Services Store Operator shall have no further warranty obligations with respect to the Licensed Application and all other losses, claims, damages, liabilities, expenses, and costs attributable to any negligent failure to comply with any warranty.
8.6 If the User is an entrepreneur, claims for defects shall become time-barred after a statutory limitation period of twelve (12) months after the Licensed Application has been made available to the User. For users who are consumers, the statutory limitation periods apply.
9. PRODUCT CLAIMS
viscan GmbH and End User acknowledge that viscan GmbH, and not the Services, shall be responsible for addressing any claims by End User or any third party relating to the Licensed Application or End User's possession and/or use of the Licensed Application, including but not limited to:
(i) product liability claims;
(ii) claims arising out of the Licensed Application's failure to comply with applicable legal or regulatory requirements; and
(iii) claims arising under consumer protection, privacy, or similar laws, including in connection with the use of HealthKit and HomeKit by your Licensed Application.
10. COMPLIANCE WITH LAWS
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a 'terrorist supporting' country.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a 'terrorist supporting' country; and that you are not on any U.S. Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general enquiries, complaints, questions or claims regarding the Licensed Application, please contact:
viscan GmbH
c/o Nicolai Nolle
Stauffenbergstrasse 18
74523 Schwaebisch-Hall, Baden-Wuerttemberg
Germany
[email protected]
12. TERMINATION
The license is valid until it is terminated by viscan GmbH or by you. Your rights under this License will terminate automatically and without notice from viscan GmbH if you fail to comply with one or more of the terms of this License. Upon termination of the license, you must cease all use of the Licensed Application and destroy all copies of the Licensed Application, in whole or in part.
13. THIRD PARTY TERMS AND BENEFICIARIES
viscan GmbH represents and warrants that viscan GmbH will comply with the applicable Third Party Terms when using the Licensed Application.
Pursuant to Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement', Apple's subsidiaries are third party beneficiaries of this End-User License Agreement and, upon your acceptance of the terms of this End-User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End-User License Agreement against you as a third party beneficiary.
14. INTELLECTUAL PROPERTY RIGHTS
viscan GmbH and the End User acknowledge that in the event of any third party claim alleging that the Licensed Application or the End User's possession and use of the Licensed Application infringes the third party's intellectual property rights, viscan GmbH, and not the Services, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15. APPLICABLE LAW
This License Agreement shall be governed by German law, excluding its conflict of law rules.
16. MISCELLANEOUS
16.1 Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid provisions which are formulated in such a way that the intended purpose is achieved.
16.2 Subsidiary agreements, amendments and supplements shall only be effective if they are set out in writing. The above clause can only be waived in writing.