I. Subject of the contract, changes
(1) Vineyard Cloud GmbH, St.-Annastraße 203, 76835 Burrweiler (hereinafter referred to as "service provider") provides a software solution for digital vineyard management on its homepage www.vineyard-cloud.com. The users can access the content available on the platform and use various services depending on their availability. More information on the services can be found in the service description, § 7.
II. Registration for use, handling of access data, termination of use
§ 3 Registration Authorization
(1) The use of the services available on the platform requires your registration as a user. You received the corresponding access data when you signed the software license agreement.
(2) You are only allowed to register if you are of legal age and have unlimited legal capacity. Minors are not allowed to register. In the case of a legal person, the registration must be carried out by a natural person with unlimited legal capacity and authorized to represent.
§ 4 Responsibility for the access data
(1) When concluding the contract, you provide an email address to which we will send an automatic link. If you click on this link, you will be asked to set up a password for access to the platform. You can use this data to log in to the platform after your access has been activated. It is your responsibility to ensure that your username does not infringe the rights of third parties, in particular no name or trademark rights, and that it does not violate common decency.
(2) You must keep the access data including the password secret and not make them accessible to unauthorized third parties.
(3) It is also your responsibility to ensure that your access to the platform and the use of the available services are only carried out by you or by the persons authorized by you. If it is to be feared that unauthorized third parties have or will become aware of your access data, the service provider must be informed immediately.
You are liable for any use and / or other activity that is carried out under your access data in accordance with the statutory provisions.
§ 5 Update of user data
You are obliged to keep your data (including your contact details) up to date. If the data provided changes during the duration of your participation, please inform us of your changed data immediately by email.
§ 6 Termination of Use
(1) With the termination of your software license agreement, the authorization for access to the platform also expires. From this point on, you may no longer use your access. The service provider reserves the right to block the user name and password after termination.
(2) The service provider is entitled to irretrievably delete all data generated in the course of your participation at the end of 30 calendar days after the end of the contractual relationship after the expiry of any statutory retention periods.
III. Services and content on the platform
§ 7 Range of services and availability of services
(1) The service provider makes various information and other services available to you on the platform for use for a limited period of time.
(2) All available services are designed to support the optimal management of your vineyards. Available services are among others
Ready-to-use field card
Plant protection module
Point of interest
(3) The services are based on data, contributions, image and sound documents, information, statistics, evaluations, analyzes and other content (hereinafter collectively referred to as "content") or generate them in order to support you in managing your vineyard. Data that is newly generated as a result of your use of the software and its services can in turn become the basis for using the available services.
(5) The service provider guarantees an availability of 96% on a monthly average for all services in his area of responsibility. The regular maintenance windows of the platform, which are every Wednesday between 10:00 and 12:00, are not included in the calculation of availability.
(6) Otherwise, there is a right to use the services available on the platform only within the framework of the technical and operational possibilities of the service provider. The service provider endeavors to ensure that his services can be used as uninterrupted as possible. However, technical faults (such as interruption of the power supply, hardware and software errors, technical problems in the data lines) can cause temporary restrictions or interruptions.
§ 8 Changes to Services
The service provider is entitled at any time to change the services provided on the platform, in particular for the purpose of optimization, service expansion, efficiency, security or the provision of services. This can change the presentation of content or features of the respective application without significantly changing the content, use or data of the service. The service provider will take your legitimate interests into account.
§ 9 Protection of content, responsibility for third party content
(2) The content (including data) available on the platform comes partly from the service provider and partly from other third parties. Third-party content is hereinafter collectively referred to as “third-party content”. The service provider does not check the completeness, correctness and legality of third-party content and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and currency of the third-party content. This also applies to the quality of the third-party content and its suitability for the purpose determined by the software.
IV. Use of the Services by You
§ 10 Scope of permitted use, monitoring of usage activities
(2) You are responsible for creating the technical prerequisites required in your area of responsibility for the contractual use of the services. The service provider does not owe you any advice in this regard. The service provider cannot accept any liability for any compatibility problems that arise due to changed software versions, device or browser functions. The same applies to the online performance of the corresponding hardware.
§ 11 Generation of new data through your use
(1) Insofar as you use the platform and the services offered on it, your inquiries, research or usage data may in turn generate new data records that are anonymously passed on to other users or to the service provider to confirm recommendations or statistics generated by the software . Your personal data will never be passed on without your consent.
(2) By using the app, you are granting the service provider a free and transferable right to use the data and content resulting from your use in anonymous form, in particular
to store the content on the service provider's server and publish it, in particular by passing it on to other users as part of the service
for processing and reproduction, as far as this is necessary for the provision or publication of the respective content, and
to grant - also against payment - rights of use to third parties to your content in accordance with § 14.
§ 12 right to use content available on the platform
you may only access and display the content available on the platform online for your own purposes. This right of use is limited to the duration of your contractual participation;
You are prohibited from editing, changing, translating, showing or demonstrating, publishing, exhibiting, duplicating or distributing the content available on the platform in whole or in part, unless it serves the contractual benefit. It is also prohibited to remove or change copyright notices, logos and other labels or protective notices.
(2) Your mandatory statutory rights (including reproduction for private and other personal use in accordance with Section 53 UrhG) remain unaffected.
§ 13 Blocking of access
(1) The service provider can temporarily or permanently block your access to the platform if there are specific indications that you are violating these terms and conditions of participation and / or applicable law, or if the service provider has any other legitimate interest in blocking Has. When deciding on a block, the service provider will take your legitimate interests into account.
(2) In the event of a temporary or permanent block, the service provider blocks your access authorization and notifies you of this by email.
(3) In the event of a temporary blocking, the service provider reactivates the access authorization after the blocking period has expired and notifies you of this by e-mail. A permanently blocked access authorization cannot be restored. Permanently banned persons are permanently excluded from participating in the platform and are not allowed to register on the platform again.
V. Processing of your personal data
§ 14 data protection
(1) One of the quality requirements of the service provider is to deal responsibly with the personal data of users (these data are hereinafter referred to as "personal data"). The personal data resulting from your registration on the platform as well as from the use of the available services are therefore only collected, stored and processed by the service provider insofar as this is necessary for the contractual provision of services and permitted by legal regulations or is ordered by the legislator. The service provider will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass them on to third parties.
(2) In addition, the service provider only uses your personal data if you have given your express consent. You can revoke your consent at any time.
(3) All data that is collected, processed or used in the context of the use of the platform / software are located on servers located in Germany.
(4) For further information on the subject of data protection, please refer to the data protection declaration on the platform.
VI. Limitation of Liability
§ 15 Limitation of Liability
When you use the software on our platform, the service provider is liable in accordance with the following regulations:
(1) The service provider has unlimited liability
in the event of willful intent or gross negligence,
for injury to life, limb or health,
according to the provisions of the Product Liability Act and
to the extent of a guarantee given by the service provider.
(2) In the event of a slightly negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the user may regularly rely (so-called cardinal obligation), the liability of the service provider is limited to the amount of damage that occurs after is predictable and typical of the type of business in question.
(3) The service provider does not have any further liability.
(4) The above limitation of liability also applies to the personal liability of employees, representatives and organs of the service provider.
(5) The service provider uses its own data sources and "open data public providers" (e.g. weather service) to provide the user with context-related, personalized information, statistics, recommendations or warnings. The service provider endeavors to compile this information with the greatest possible care. Basically, this information is only to be understood as a decision aid for the user, which requires a final evaluation by the user. We do not guarantee or assume any liability for the correctness, validity or reliable implementation or completeness of the information, statistics, recommendations and warnings available on the platform.
VII. Other provisions
§ 16 Written form requirement
The postal address of the service provider is:
Vineyard Cloud GmbH, St.-Anna-Str. 203, 76835 Burrweiler.
We reserve the right to change the contact details. In the event of such a change, the service provider will inform you accordingly.
§ 17 Severability Clause
Should any provision of these conditions of participation and use be or become ineffective, this shall not affect the legal validity of the remaining provisions.
§ 18 Applicable Law
These conditions of participation and use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG).
§ 19 place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from these conditions of participation and use is, insofar as such a place of jurisdiction agreement is permissible, the registered office of the service provider.