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Terms of Use

1. General

The betteries App and the betteries Connect platform are provided by betteries AMPS GmbH (“betteries”), Goerzallee 299, 14167 Berlin, www.betteries.com.

The betteries App (“app”) allows registered users of betteries devices to access the betteries Connect platform (“platform”) for the collection, presentation, and management of data from betteries devices (“devices”). The app provides data, functions, and services (together “services”) relating to betteries devices to commercial
customers and consumers (“users”).

2. Applicability

  1. These terms of use regulate the access to and the use of the app and platform as well as their services.
  2. Services of independent third parties, particularly those of the App Stores as well as any mobile device specific functions (such as Push Notifications or Location Services) are not provided by betteries and are not subject to of these terms of use.
  3. The purchase of the app and possible additional fee-based functionality are also subject to the conditions of the App Store.

3. Registration

  1. Access to services and content is provided only in relation to specific registered betteries devices.
  2. Users with registered betteries devices enter the password received via email from betteries after registration of the device and the email address to activate the app. Users will be prompted to change the initial password.
  3. Users can also register their device and create a user account by entering their organization code, an email address, and a password. The organization code will be provided by betteries. Before creating an account, the user will receive an email to the provided email address with a confirmation link.
  4. The contract as described in these Terms of Use between betteries and the user for the use of the app, the platform and the services is concluded when the user completes the registration.
  5. In some circumstances devices can be temporarily registered to a user. In such cases the user will lose access to the device when the duration of the registration ends. Once a user no longer has any active registered betteries device, no services or content will be available in the app or on the platform.

4. License of Use

  1. The app and platform may only be used to monitor registered betteries devices, display the app and platform and services and content relating to registered devices, or use other functions made available on the app and platform. Any other type of use requires prior written approval by betteries.
  2. The reproduction, processing, dissemination, public display or any other form of use of the app or platform or their content for commercial purposes are prohibited, unless permitted by law. The use of automated systems or automated software for extracting content from the app or platform is not permitted. Accessing the content of the app or platform via means other than the user interface of the app or platform is not permitted.
  3. No actions may be undertaken if these could have a disruptive impact on the functioning of the app or platform. Such actions also include those which could result in an excessive or unmanageable overloading of the infrastructure of the app or platform.
  4. The user is not entitled to transfer the app to a third party for use, in part or in full, against payment or free of charge without prior written consent of betteries. The user is expressly prohibited from subletting the app.
  5. Regardless of the assertion of other rights, betteries reserves the right to suspend or permanently block access to the app and the platform without prior warning if a user contravenes these Terms of Use.

5. Responsibilities of the User

  1. The user is obligated to use the app for its intended purpose only. For fee-based services, the user is required to pay all fees in full to betteries.
  2. Users must not share any login credentials with anyone. If the user shares or inadvertently discloses or loses their access credentials, betteries is required to block the account until security is re-established. The user is responsible for all activities that are performed using his/her account if he/she acts willfully or negligently.
  3. In the event of loss or suspected misuse of login credentials, the user must inform betteries immediately and the login credentials must be changed.
  4. Due to the large number of global network operators, mobile device types and operating system versions, betteries cannot guarantee that the app will function properly everywhere. Users should inform themselves about compatibility with their mobile devices before downloading.
  5. To use the app, the mobile device of the user must have internet connectivity. The app communicates with the platform. It requests data from and sends data to the platform and can, depending on the usage behavior, at times transfer high data volume and the user may incur additional cost from the mobile operator. The user is responsible for any costs or fees in connection with connecting the app with the platform through the internet.
  6. To use the app’s services and functions with respect to a specific betteries device, the betteries device of the user must have internet connectivity. The app and the betteries device communicate with the platform. The betteries device requests data from and sends data to the platform and can, depending on the usage behavior, at times transfer high data volume and the user may incur additional cost from the mobile operator. Unless includes in the device purchase, the user may be responsible for any costs or fees in connection with connecting the betteries device with the platform through the internet.
  7. betteries cannot guarantee smooth functionality on outdated operating systems. The user must keep his/her mobile device in a condition that allows the use of the app. This includes upgrades to recent versions of operating systems and installation of any security related fixes.

6. Quality of Service and App Changes

  1. While betteries always strives to provide the app free of any defects and rigorously tests for errors, betteries is unable to ensure that the app is free from errors.
  2. betteries is not responsible for any damage or loss of data on the user’s mobile device that may result from the installation of software not provided by betteries. In the event of errors within the app, the user can contact betteries at support@betteries.com.
  3. betteries reserves the right to change, add to or delete any design and content of the app. Users are not entitled to the maintenance or provision of a certain state or functional scope of the app.

7. Term and Termination

  1. The contractual relationship between betteries and the user is concluded for an undetermined period of time.
  2. The user may terminate the contractual relationship with immediate effect. The user has the right at any moment to uninstall the app and therefore effectively end the contract of use. For deletion of the user account on the platform, please contact support@betteries.com.
  3. betteries may at any time and without any prior notice, without any liability whatsoever, also end publication of the app or support for the services temporarily or permanently.
  4. The provisions in this section do not restrict the possibility of extraordinary notices of termination for either party.

8. Representations and Warranties

  1. The user acknowledges and agrees that the use of the app, the platform and any related services are provided “as is” and without warranty of any kind.
  2. betteries makes no representations or warranties of any kind, expressed or implied, including without limitation warranties of function, satisfactory quality, security of the platform, service availability or suitability for a particular purpose.
  3. All warranties or representations are excluded to the extent the law allows their exclusion.

9. Liability

  1. It is the sole responsibility of the user to examine the contents of the results obtained from the use of the app and its suitability for the respective purpose of the usage planned by the user.
  2. betteries assumes no liability for any loss of profit, loss of business, business interruption or loss of business opportunity based on the use of or reliance on the app, the platform or related services.
  3. Liability of betteries in relation to the app, the platform or any related services shall be limited to a willful or grossly negligent act or neglect.
    4. The limitations of liability in accordance with this section do not apply:
    a. in cases based on loss of life, personal injury or impairment of health.
    b. if and insofar as betteries has fraudulently concealed a defect.
    c. for user claims in accordance with the German Product Liability Act.

10. Consumer Cancellation Rights

The app provides access to digital data and content by means of the services, initiated by the user with the acceptance of these terms of use. The content and services are provided free of charge. In accordance with § 356 (4) no 1, (5) no 1 German Civil Code the right of users, who are consumers as defined in § 13 German Civil Code, to withdrawal expires with provision of digital content and the complete performance of the services, respectively.

11. Intellectual Property Rights

All copyrights, in particular rights pertaining to databases, brands, registered designs and other rights which protect intellectual property (including the structure and visuals of the websites/apps) are retained by betteries. Reproducing, processing, disseminating, publicly displaying or making any other use of the content of the app and the platform or their underlying software code, either in part or in full, are not permitted without prior written approval.

12. Changes to Terms of Use

betteries may modify or amend these terms of use at any time if this is necessary for legal or practical reasons.

13. Data Privacy and Cookies

Data Privacy policy and information on the Use of Cookies is available at https://betteries.com/privacy-policy/ for viewing and printing.

14. Miscellaneous

  1. A user account may only be created by user who are at least 16 years old.
  2. The language of the user contract as well as the app and platform user interface is English.
  3. These Terms of Use can be found on www.betteries.com from where they can be printed or downloaded. Beyond that betteries does not make individual contracts available to users.
  4. betteries does not participate in dispute resolution proceedings before a consumer arbitration board.
  5. Should individual or several provisions of these Terms of Use be or become invalid, the remaining provisions shall nevertheless apply. The invalid or void provision shall be replaced by a provision which the parties would have agreed upon to achieve the same economic success if they had known about the defect.
  6. The place of performance is the registered office of betteries AMPS GmbH.
  7. These Terms of Use and the entire legal relationship between betteries and the user are subject to German law. The mandatory consumer protection law of the European member state in which a user, who is a consumer, has his habitual residence remains unaffected.
  8. The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) for all disputes arising from this contract is Berlin, although we may also take legal action against customers at other places of jurisdiction if these are opened under the applicable law. Exclusive places of jurisdiction shall remain unaffected by this agreement on the place of jurisdiction.

 

Last update: 14.03.2023