Terms of Use1
Terms of Use
1. Scope
1.1. Use of these web pages offered by SCAILE Technologies GmbH and/or its subsidiaries and brands ("auctoa") is only permissible on the basis of these terms. These general terms of use may be supplemented, modified, or replaced on a case-by-case basis by additional terms, e.g. for the purchase of products and/or services. By logging in or, if a separate log-in is not required, by using the site, you accept the current version of these terms of use.
1.2. If the user accesses the auctoa-website as or on behalf of a business, i.e. in the exercise of a commercial or independent professional activity, or for a public corporation, § 312i paragraph 1 sentence 1 numbers 1 - 3 of the German Civil Code does not apply.
1.3. For online services directed at companies or public corporations, the respective company or corporation is represented by the user and must account for the user's actions and knowledge.
2. Services
2.1. auctoa provides certain information and software, possibly including documentation, for retrieval or download on the auctoa-website.
2.2. auctoa reserves the right to discontinue operation of the auctoa-website in whole or in part at any time. Due to the nature of the internet and computer systems, auctoa accepts no liability for the uninterrupted availability of the auctoa-website.
3. Registration, Password
3.1. Some pages of the auctoa-website can be password protected. In the interest of business security, access to these pages is only possible for registered users. There is no entitlement to registration by auctoa. auctoa reserves the right to require registration for previously freely accessible websites as well. auctoa may revoke the access authorization by blocking the access data at any time without providing reasons, especially if the user:
- provided false information during registration,
- violated these terms or their duty of care regarding the access data,
- violated applicable law when accessing or using the auctoa-website, or
- has not used the auctoa-website for a prolonged period.
3.2. If registration is intended, the user is obliged to provide truthful information during registration and to notify auctoa immediately of any subsequent changes (if applicable, online). The user is responsible for ensuring that they receive the emails sent to the email address they provided.
3.3. Upon successful registration, the user receives a username and password (also referred to as "user data"). Upon first access, the user must change the password provided by auctoa to a password known only to them. The user data enables the user to view, alter, or, as applicable, withdraw or expand any given consents to data processing.
3.4. The user ensures that the user data is not accessible to third parties and is liable for all orders and other activities carried out under the user data. After each use, the password-protected area must be exited. If the user becomes aware that third parties are misusing the user data, they are obliged to inform auctoa immediately in writing, possibly in advance by simple e-mail.
3.5. Upon notification per clause 3.4, auctoa will block access to the password-protected area using these user data. Lifting the block is only possible after a separate application by the user to auctoa or after new registration.
3.6. The user may request the deletion of their registration at any time in writing, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, auctoa will delete all user data and any other stored personal data as soon as they are no longer needed.
4. Usage Rights for Information, Software, and Documentation
4.1. The use of the information, software, and documentation provided on the auctoa-website is subject to these terms or, in case of updates of information, software, or documentation, the previously agreed terms with auctoa apply. Separately agreed license terms, e.g., when downloading software, take precedence over these terms.
4.2. auctoa grants the user a non-exclusive, non-transferable right to use the information, software, and documentation provided on the auctoa-website to the agreed extent or, if nothing agreed, as corresponds to the purpose pursued with the provision and handing over by auctoa.
4.3. Software is provided free of charge in machine-readable form. There is no entitlement to the release of the source code, except for source codes of open-source software, whose license terms, which take precedence over these terms, require the release of the source code. In this case, auctoa will provide the source code upon reimbursement of costs.
4.4. Neither the information, software, nor documentation may at any time be distributed, rented, or otherwise made available to third parties by the user. The user may not modify, reverse engineer, or translate the software or its documentation or extract parts unless permissible by mandatory legal provisions. The user may create a backup copy of the software if this copy is required for securing future use based on these terms of use.
4.5. The information, software, and documentation are protected by copyright laws as well as international copyright treaties and other intellectual property laws and agreements. The user must observe these rights, in particular, not remove any alphanumeric identifiers, marks, or copyright notices from the information, software, documentation, or copies thereof.
4.6. Sections 69a ff. of the Copyright Act remain unaffected otherwise.
5. Intellectual Property
5.1. Notwithstanding the specific provisions in clause 4 of these terms of use, information, brand names, and other contents of the auctoa-website may not be modified, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without prior written approval from auctoa.
5.2. Outside of the rights of use or other rights expressly granted herein, the user is not granted any additional rights of any kind, particularly relating to the company's name or commercial property rights such as patents, utility models, or trademarks, nor is auctoa under any obligation to grant such rights.
5.3. If the user deposits ideas and suggestions on auctoa-websites, auctoa may use these free of charge to develop, enhance and sell services and products from its portfolio.
6. User Obligations
6.1. While using the auctoa-website, the user must not:
- violate morality with their usage behavior;
- infringe industrial property rights and copyrights or other proprietary rights;
- transmit contents with viruses, so-called Trojan Horses, or other programs that could damage software;
- enter, save, or send hyperlinks or contents to which they are not authorized, especially if these hyperlinks or contents violate confidentiality obligations or are illegal; or
- distribute advertising or unsolicited emails (known as "spam") or incorrect warnings of viruses, malfunctions, and similar or solicit participation in lotteries, chain letters, pyramid infrastructures, and similar actions.
6.2. auctoa may block access to the auctoa-website at any time, especially if the user breaches their obligations under these terms.
7. Hyperlinks
The auctoa-website may contain hyperlinks to third-party websites. auctoa accepts no responsibility for the content of these websites nor does auctoa adopt these websites and their contents as its own, as auctoa does not control the linked information and is not responsible for the content and information provided therein. Their use is at the user's own risk.
8. Liability for Defects in Quality and Title
8.1. If information, software, or documentation is provided free of charge, any liability for defects in quality and title of the information, software, and documentation, in particular, concerning their correctness, absence of defects, absence of claims or third-party rights, completeness, and/or usability - except in cases of fraudulent intent or deceit - is excluded.
8.2. The information on the auctoa-website may contain specifications or general descriptions of technical possibilities of products which may not always be present in individual cases (e.g., due to product changes). The desired performance characteristics of the products must therefore be agreed upon on a case-by-case basis at the time of purchase.
9. Other Liability, Viruses
9.1. auctoa's liability for defects in quality and title is governed by the provisions in clause 8 of these terms of use. Otherwise, any liability of auctoa is excluded unless, for example, required by the Product Liability Act, due to intent, gross negligence, due to injury to life, limb, or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect, or due to the breach of essential contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage unless there is intent or gross negligence.
9.2. While auctoa endeavors to keep the auctoa-website virus-free, auctoa cannot guarantee freedom from viruses. Before downloading information, software, and documentation, the user shall ensure appropriate security measures and virus scanners are in place for their protection and to prevent viruses on the auctoa-website.
9.3. The above regulations in clauses 9.1 and 9.2 do not imply a reversal of the burden of proof to the user's detriment.
10. Compliance with Export Control Regulations
10.1. In the event of forwarding the information, software, and documentation provided by auctoa, the user must comply with the applicable export control regulations of domestic and international (re-) export control law. In all cases, when forwarding, the user must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America.
10.2. Prior to such forwarding, the user must check and ensure by appropriate measures that
- they do not infringe any embargo of the European Union, the United States of America, and/or the United Nations by such forwarding to third parties or by providing other economic resources in connection with information, software, and documentation provided by auctoa, even considering any restrictions on domestic business and any circumvention prohibitions;
- such auctoa-provided information, software, and documentation is not intended for armament-related, nuclear, or weapon-technical use, unless any necessary permits are available;
- the regulations of all relevant sanctions lists of the European Union and the United States of America concerning business transactions with the companies, individuals, or organizations mentioned therein are observed.
10.3. If necessary for performing export control checks by authorities or auctoa, the user shall promptly provide auctoa with all information upon request concerning the end recipient, end use, and intended purpose of the information, software, and documentation provided by auctoa, as well as applicable export control restrictions in this respect.
10.4. The user indemnifies auctoa in full against all claims made against auctoa by authorities or other third parties because of the user's non-compliance with the foregoing export control obligations and shall reimburse auctoa for all damages and expenses arising in this context unless the user has no responsibility for the obligation breach. No reversal of the burden of proof is associated herewith.
10.5. auctoa's contractual fulfillment is subject to the proviso that there are no impediments based on national or international regulations of foreign trade law and no embargos and/or other sanctions oppose.
11. Collateral Agreements, Jurisdiction, Applicable Law
11.1. Collateral agreements must be in writing.
11.2. If the user is a merchant as defined by the German Commercial Code, the place of jurisdiction is Munich.
11.3. The individual pages of the auctoa-website are operated and responsible by SCAILE Technologies GmbH and/or its subsidiaries. The pages take into account the requirements of the respective country in which the responsible company is located. auctoa assumes no responsibility for the fact that information, software, and/or documentation from the auctoa-website may also be retrieved or downloaded at locations outside the relevant country. Users who access the auctoa-website from locations outside the relevant country are solely responsible for compliance with the applicable legal provisions of the respective country. Access to the information, software, and/or documentation on the auctoa-website from countries where such access is unlawful is not permitted. In this case, and if the user wishes to enter into business relations with auctoa, the user should contact the auctoa representatives in the respective country.
11.4. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
