- Subject matter and scope of the contract 2
- Registration and user account 2
- Conditions of use 3
- Duties of the user 3
- Rights of use 5
- Liability 7
- Data protection 7
- Term and termination of the user relationship 7
- Settlement of disputes 8
- Special provisions for Apple App Store 8
- Final provisions 9
1.1 Subject matter and scope of contract
The user can access and download the App in the usual App Stores. The use of the App Stores (Apple Store, Google Play) is subject to its own terms and conditions, which can be found on the App Store operator’s website; meisight has no influence on these terms and conditions or the operation of the App Stores. However, meisight, not the respective App Store operator, is solely responsible for the operation of the App.
2. Registration and user account
In order to use all features in the app, a registration is required first. The registration is done by creating a user account or via a single sign-on by using an existing social media account. In order to create the respective user account, the information requested in the registration form must be provided. After submitting the registration data, the user should confirm his registration by clicking on a link sent by e-mail.
In the event of input errors during registration, the user has the opportunity to correct his data at any time in his profile settings or by re-registering.
In case a user authorizes meisight to create an account on his behalf via any verifiable channel, he accepts these terms and conditions.
3. Conditions of use
The use of the app requires the download and installation on a suitable device (e.g. smartphone) of the user. For some devices and operating systems, the app may not be available for technical reasons. However, meisight strives to offer the app for as many different models and operating systems as possible. Due to the constantly changing product ranges on the mobile device market, meisight cannot provide an up-to-date list of all devices and operating systems with which the app can be used.
The user alone is responsible for the compatibility of the device. The system requirements can be found in the respective App Store.
meisight strives to make the app available on a permanent basis as far as possible. However, the user has no right to use the App if it is not or cannot be offered or functions due to technical or operational reasons. meisight is entitled to change or temporarily or permanently discontinue individual functions at any time and without prior notice. Since the app is currently provided free of charge, meisight does not offer maintenance or technical support. meisight reserves the right to offer certain functions (so-called “premium content”) or the use of the app for a fee in the future. meisight will inform the user separately.
The download and basic use of the app (inspiration feed; map; search) is currently free of charge for private users. Additional features might be charged in future. However, the download and use of the app requires a connection of the end device to the Internet, for which the user is responsible. The extent and frequency of the data transfer that occurs depends, among other things, on the type and scope of use of the App. The connection costs incurred for the data transfer shall be borne by the user.
4. Duties of the user
The user is not entitled to use the App, in particular by uploading, spamming, posting, publishing or any other form of data transfer, in order to (a) distribute material that disparages, insults or otherwise injures other persons, (b) distribute false material, distribute disparaging, insulting or obscene material, (c) violate personal rights, (d) commit criminal offences, (e) promote hatred or racism, (f) carry out harassing material, mass mailings or similar, (g) commit violations of rights
The user is responsible for the published contents. Before uploading content to the App, he/she must check that the content is free of third party rights and is otherwise in compliance with applicable law, in particular
that he can effectively grant meisight the rights of use according to section 5.5;
that the content and its contractual use by meisight does not infringe any rights of third parties, in particular no industrial property rights, such as trademark and design rights, copyrights and other property rights or personal rights
that the content is also otherwise in compliance with applicable law, in particular that it is not harmful to minors, misleading, incorrect or relevant in any way to criminal and/or regulatory offences
meisight does not review the content of the content posted, in particular with regard to completeness, accuracy, legality, availability, quality and suitability for a specific purpose.
5. Right of use
meisight is the sole owner of all intellectual property rights relating to the App, in particular its permanent content (especially texts, images, designs, logos, videos, sounds, data, graphics) as well as the software and databases ensuring its operation, unless otherwise indicated.
meisight grants the user a simple, spatially unlimited, personal and non-transferable right to use, execute and display the app for personal private use on a non-commercial basis for the duration of the user relationship.
Any other use of the app as well as the use and exploitation of its contents is only permitted with the written consent of meisight.
In case of a violation of this right of use, meisight may, at its own discretion and without prejudice to further legal claims, punish the user by immediately terminating the user’s right of use.
The user grants meisight the simple, temporally, spatially and content-wise unrestricted right to use and utilize the content, in particular photos, that he/she has made available and protected by copyright within the scope of using the App, both within the App and outside of it, including with the goal of commercial marketing. The aforementioned granting of rights includes in particular
the right to reproduce, make publicly available and distribute, i.e. the right to reproduce the content in physical or non-physical form, including any technical possibilities, in particular through digital integration within the app and outside, e.g. on the website and the social media account of meisight, without limitation and to make it publicly available or to reproduce it publicly
the right to make the content available on demand, i.e. the right to store the content, to make it available to the public, to transmit it to one or more requesting parties, in all analog or digital electronic databases, electronic data networks and networks of telecommunication services;
the right of communication to the public, i.e. the right to reproduce the contents to the public, whether commercially or non-commercially, by means of sound carriers, image carriers, video carriers, multimedia carriers or other data carriers, in particular also magnetic tapes, magnetic tape cassettes, image plates, chips, in all formats, using all analog and digital methods and techniques;
the processing right, i.e. the right to alter and process the contents as desired, either by oneself or by third parties, in particular to digitize them for the purpose of integration into the App, while protecting the moral rights of the author;
the advertising right, i.e. the right to use the contents for advertising the App, also in any other media and outside of the Internet, namely on television and in print media;
the right to print, i.e. the right to edit, reproduce, distribute, broadcast and otherwise publicly reproduce or make available and advertise the content in printed form (e.g. as illustrated books) without any restrictions;
the merchandising right, i.e. the right to advertise the contents for commercial exploitation by producing and distributing goods and/or by marketing goods and services of any kind (e.g. printing the contents on mugs, posters, etc.), as well as to advertise goods and services of any kind using such elements or excerpts from the contents
The granting of rights by the user also includes a partial use of the contents and a use in connection with other works as well as the right to sublicense the granted rights in whole or in part to third parties.
meisight is liable without limitation for damages and expenses caused by intent or gross negligence of meisight or a vicarious agent, from damages resulting from injury to life, body or health as well as within the scope of the product liability law and in case of assumption of a guarantee.
meisight is not liable for the loss of data insofar as the damage is due to the user’s failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort. meisight does not guarantee the permanent storage of data transferred to the user’s terminal device in the course of using the app. The user ensures that all data within the user’s sphere of influence is properly backed up.
7. Data Protection
8. Terms and termination of the user relationship
The user relationship runs for an indefinite period. The user is entitled to terminate the user relationship at any time without giving reasons to meisight (e.g. by requesting a deletion of his user account via email to firstname.lastname@example.org). meisight is entitled to stop the operation of the app at any time without giving reasons and thereby terminate the user relationship.
9. Settlement of disputes
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be accessed at www.ec.europa.eu/consumers/odr We are neither obliged nor willing to participate in the dispute resolution procedure.
10. Special provisions for Apple App Store
If the App is downloaded from the App Store of Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014 (“Apple”), the following additional terms and conditions apply:
To the extent and to the extent that maintenance or technical support is required by law, this is the sole responsibility of meisight and not Apple.
Use of the App is permitted only on an Apple product that the user owns or controls and to the extent that the App Store Terms and Conditions permit, except that the App may also be accessed and used by other accounts associated with the purchaser through Family Sharing or Volume Purchase.
In the event of a breach of any applicable warranty by the App, the user may notify Apple and Apple will refund to the user the purchase price of the App, if any, and, to the maximum extent permitted by applicable law, Apple makes no other warranty with respect to the App; all other claims, losses, liabilities, damages, losses, costs or expenses arising out of any breach of warranty are the sole responsibility of meisight.
The processing and assertion of claims in connection with the App or the possession and/or use of the App by the user is the sole responsibility of meisight and not Apple. The same applies to the investigation, defense, settlement and execution of third party claims due to potential infringement of intellectual property rights of third parties. In this respect, such claims are to be asserted exclusively against meisight and not Apple.
The User represents and warrants that (i) he/she is not located in a country that is subject to an embargo by the U.S. Government or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not on a list of prohibited or restricted parties of the U.S. Government.
11. Final provisions
Status: December 2019