INFORMATION ACCORDING TO § 5 TMG
Codevance Software Development GmbH
Managing Board: Michael Nagel, Fabian Rätzsch
The 4Service App is based on the 4Service software platform. The General Terms and Conditions are outlined below.
1. General Terms and Conditions
The use of the 4Service web and mobile applications (Android), hereinafter referred to as 4Service App, provided by Codevance Software Devlopment GmbH, is subject to the following general terms and conditions.
1.2 Scope of the right of use
1.2.1 All texts, software, images, graphics, applications, sound samples, animation videos, company logos and trademarks, the layout of the 4Service App and other content contained in the 4Service App and made available by Codevance, are protected by trademark and copyright laws and by other laws protecting intellectual property and may be subject to the rights of third parties.
1.2.2 Codevance is not responsible for other content created or added by the user within the 4Service App, e.g. documents, texts, images, graphics, applications, sound examples, animations, videos, logos, and trademarks. Codevance does not obtain any rights of use or exploitation or will use the content created with the 4Service App or added to the 4Service App by the user.
1.2.3 Codevance does not grant any license or other rights to the use of intellectual property rights in the 4Service App, unless otherwise agreed in the sales contract between Codevance and the user. Copying, distributing, duplicating, forwarding, passing on, otherwise using intellectual property rights to the 4Service App provided is not permitted without the prior written consent of Codevance.
1.2.4 The user of the 4Service App is responsible for the user content created and stored with the Apps and on the database servers. The user administers the copying, distribution, duplication, forwarding and use of his intellectual property rights to the user content.
1.2.5 Access to or use of the 4Service App from countries where such access or use is illegal is prohibited.
1.2.6 Any other use of the 4Service App is prohibited unless expressly permitted by these General Terms and Conditions.
2. Restrictions on use
In particular, the user may not use the 4Service App or the content for fraudulent or illegal purposes.
The user may not,
use registered or unregistered trademarks or logos in the 4Service App or in the User Content without the prior written consent of the respective owner;
translate, modify, adapt, reverse engineer, decompile or disassemble the 4Service App in whole or in part;
remove any copyright, trademark, or other proprietary notices from the 4Service App;
insert or otherwise embed the 4Service App in your or a third party's website;
copy any portion of the 4Service App; or
use any automated or manual process to retrieve, index, damage, perform data mining/analytics or reproduce or circumvent in any way the structure or layouts of the 4Service App.
Codevance reserves the right to block access to the 4Service App at any time if one of the points mentioned in section 2 is violated.
3. Warranty claims
3.1 With regard to the purchase agreement between the user and Codevance regarding the 4Service software and the 4Service Apps, Codevance makes no further express or implied warranties, no assurances and assumes no responsibility that
the 4Service App or the User Content is available without interruption;
the use of the 4Service App or the User Content does not infringe any third-party rights;
the 4Service App and the User Content are error-free or complete, correct and up-to-date;
other websites that are accessed via hyperlinks from the 4Service App, regardless of whether they belong to affiliated companies of Codevance or to third parties, do not infringe the rights of third parties or are free of errors, or that the applicable data protection provisions are complied with; or that
the User Content is free of viruses, bugs, malware, or similar malicious programs.
3.2 All forward-looking statements made on the 4Service App are based on the beliefs and estimates of the management of Codevance at the time of publication and are therefore subject to risks and uncertainties. No guarantee is given that these forward-looking statements will prove to be correct and complete. Codevance is not obliged to update these forward-looking statements and accepts no liability whatsoever for them.
4. Limitation of liability
4.1 With regard to the purchase contract between the user and Codevance regarding the 4Service software and the 4Service Apps, Codevance assumes no further liability, in particular in the following cases:
defects of title about the 4Service App or the content of use;
loss or damage resulting from the access restriction or inaccessibility of the 4Service App or the User Content;
loss or damage that may result from the use of the 4Service App or the User Content; or
the availability of the contents of third party websites or losses or damage resulting from the use, irrespective of the intended purpose, while Codevance does not limit its legal liability for injury to life, body or health resulting from intent or gross negligence on the part of Codevance or its representatives.
4.2 The 4Service App is hosted and operated by Codevance, unless otherwise agreed. The content of the 4Service App is created by the user himself. Subject to the provisions contained herein, the 4Service App considers the requirements of the country in which the responsible Codevance has its registered office. Codevance assumes no responsibility if (i) the 4Service App is accessed or (ii) the User Content is used or downloaded at locations outside the country concerned. If the user accesses the 4Service App from outside the country in question, he is solely responsible for compliance with the regulations applicable under the respective country's law.
5. Software Changes and Adjustments to the General Terms and Conditions
5.1 Codevance reserves the right to make changes or additions to the 4Service Software and the 4Service Apps at any time and without prior notice.
6. Violation of these General Terms and Conditions
6.1 Codevance reserves the right to refuse the user access to the 4Service App in whole or in part at any time if the user does not comply with these conditions or violates Codevance rights to the 4Service App or the contents of the 4Service App or the rights of third parties.
6.2 In addition, the user indemnifies Codevance against all claims and damages arising from or in connection with (i) the use of or activities in connection with the 4Service App and the 4Service App content or (ii) any violation of these general terms and conditions by the user.
7. Applicable law
These general terms and conditions as well as all questions and disputes in connection with the use of the 4Service App or the User Content are subject exclusively to the laws of the Federal Republic of Germany.
Codevacne does not undertake to participate in alternative dispute resolution proceedings before an alternative dispute resolution body in order to settle disputes with consumers.