(The following General Terms and Conditions ("T&C") also include statutory information regarding consumer rights pursuant to the provisions on distance selling contracts and electronic commerce.)
These T&C shall apply between Hochschule Heilbronn, Address, Germany ("Provider"), and users who utilize the Provider’s free applications (the "HS Heilbronn Apps") ("Users"). The Provider's website can be accessed at the web address [please add URL]. These T&C shall apply in the version valid at the time the respective contract is concluded.
The Provider's services shall be available to both entrepreneurs (§ 14 Section 1 of the German Civil Code, “BGB”) and consumers (§ 13 BGB) domiciled in Germany. Specific provisions within these T&C for entrepreneurs or consumers shall be marked accordingly.
Users of the HS Heilbronn Apps shall primarily be students and employees of Hochschule Heilbronn but may also include external persons who wish to use the features of the HS Heilbronn Apps.
The User agrees to these T&C when registering for the HS Heilbronn Apps.
The Provider reserves the right to amend these T&C at any time without stating reasons. The User shall be notified of such changes via electronic notification sent to the email address provided during registration. If the User does not object to the changes within four weeks of receiving the notification, the amended provisions shall be deemed accepted. In the event of an objection by the User, the Provider shall be entitled to terminate the usage contract with a notice period of one (1) week.
Any right to amendment of these T&C under this clause shall exclude provisions affecting the primary obligations of the contracting parties that would significantly alter the balance between principal and counterperformance obligations, as well as other fundamental changes to the contractual duties that are equivalent to the conclusion of a new contract. Such changes shall require an express contractual agreement.
The subject matter shall be the use of the HS Heilbronn Apps. The Provider shall make various apps available with the HS Heilbronn Apps, primarily intended for students and staff members but also accessible to external parties unless otherwise specified during the order process. The exact content of the HS Heilbronn Apps can be found in the service description available online during the order/registration process.
The HS Heilbronn Apps uses AI functionalities. Information regarding these can be found in the product description within the respective store (Android and iOS) or on the website (web version of the HS Heilbronn Apps). No centralized user data storage shall occur. Further information can be found in the Privacy Policy.
The Provider shall be entitled to make changes to the content or functionalities of the HS Heilbronn Apps at any time, provided these changes are reasonable for the User, taking into account their interests. The Provider shall also be entitled to have parts or the entirety of the services provided by third parties.
It shall be the User's responsibility to ensure and maintain the conditions necessary to use the HS Heilbronn Apps (e.g., up-to-date browser, internet access with sufficient bandwidth). Information in this regard can be found in the product description within the respective store (Android and iOS) or on the website (web version of the HS Heilbronn Apps).
The Provider shall only owe the performance of the service itself, not any specific result the User may have intended, unless the Provider has contractually guaranteed a specific result.
The usage contract between the Provider and the User for the HS Heilbronn Apps shall be concluded through the User's registration in the App (by providing name/username, email address, and a self-chosen password), receipt of a registration confirmation (via email), and completion of registration by the User (by clicking on a confirmation link). The Provider shall confirm the conclusion of the usage contract to the User electronically without undue delay.
The Provider reserves the right to revoke the User's registration for the HS Heilbronn Apps due to provision of false information during registration, violation of their contractual obligations (see Clause 4), or misuse of the HS Heilbronn Apps, at any time and without notice, and to block the User’s access.
The User shall assure that the information provided during registration for the HS Heilbronn Apps is accurate and complete.
The User shall assure that the information entered during the use of the HS Heilbronn Apps does not violate any laws or third-party rights and does not adversely affect other data or the Provider’s data processing system.
The User shall not misuse the HS Heilbronn Apps. In particular, they shall not introduce data containing viruses or other types of malware into the HS Heilbronn Apps and the underlying IT system, nor use the HS Heilbronn Apps in a manner that negatively impacts availability for other Users.
The User shall not reproduce, store, distribute, or alter any information, data, or documentation of the Provider (the "Content") integrated into the HS Heilbronn Apps and the Provider’s website. Accessing the Content via automated processes (e.g., robots, spider tools, etc.) or in any other manner that deviates from usual user behavior shall be prohibited. Printing and saving individual pages shall only be permitted for personal use.
Integrating the Content into the User's own software products/online services or into third-party software products/online services, whether through "framing" or otherwise, shall be prohibited.
Full or partial reverse engineering of the HS Heilbronn Apps shall only be permitted in the cases specified by law.
The User Content published within the HS Heilbronn Apps shall not originate from the Provider and shall not be routinely checked by the Provider for legality, accuracy, or completeness. If a User believes that User Content is unlawful, infringes their or a third party’s rights, or is otherwise inappropriate, they shall promptly report this to the Provider by contacting [please insert email address]. The Provider shall reserve the right to block and/or delete such User Content at short notice.
The User shall assure and acknowledge as a duty of cooperation that they will adhere to the following Code of Conduct when using the HS Heilbronn Apps:
The User shall grant the Provider a simple, non-transferable, spatially and temporally unrestricted right to use the User Content. However, the Provider shall only use the User Content to the extent necessary for operating the HS Heilbronn Apps. The Provider shall not reproduce, make publicly available, distribute, or publish User Content outside the HS Heilbronn Apps. However, the Provider cannot exclude the possibility of User Content being used by third parties outside the HS Heilbronn Apps. The Provider shall have no influence over such usage and shall not be responsible for it.
The User shall create content within the HS Heilbronn Apps. Any material the User posts or otherwise provides through the HS Heilbronn Apps shall hereinafter be referred to as "User Content". Subject to the usage rights granted below, the User shall retain all rights to their content posted within the HS Heilbronn Apps and shall be solely responsible for it.
The User shall be obligated to comply with all applicable laws when publishing User Content and to avoid violating third-party rights. This shall specifically apply to personal rights and intellectual property rights (e.g., copyrights and trademark rights). The User shall ensure they are authorized to use images, videos, and texts before publishing. Should the User breach this obligation, they shall be obligated to indemnify the Provider against all claims asserted by third parties due to the violation unless the User acted without fault.
These usage rights shall be granted by the User to the Provider for an indefinite period. The User may delete User Content at any time if they choose to do so.
In the event of a third-party claim, the User shall be obligated to promptly and truthfully provide the Provider with all necessary information to assess and defend against the claims.
Any further liability of the User under these provisions shall remain unaffected.
The Provider shall reserve the right to revoke the User's registration at any time without notice and to block the User’s access in the event of false information provided during registration, breach of contractual obligations, or misuse of the HS Heilbronn Apps.
The Provider shall be entitled to delete, in whole or in part, any posts, comments, or other User Content posted by the User, or to delay or deny the publication of other User Content if there are concrete indications that the content violates these T&C or legal provisions, or if the User has otherwise culpably breached their obligations under these T&C. In such cases, the Provider may also warn the User and/or temporarily or permanently exclude them from using the HS Heilbronn Apps.
If the Provider has excluded the User from using the HS Heilbronn Apps or terminated the usage contract, the User shall not be allowed to use the HS Heilbronn Apps with other User accounts, including accounts created for third parties, nor may they re-register for the use of the HS Heilbronn Apps.
The Provider shall be entitled to restrict or terminate the provision of the HS Heilbronn Apps in whole or in part, or to delay the publication of personal profiles or other User Content if necessary due to capacity limitations, server security or integrity, technical measures, or to ensure the proper or improved provision of services (maintenance work).
Apple and its subsidiaries shall be third-party beneficiaries of these T&C. Upon the User’s acceptance of these T&C, Apple shall have the right to enforce any rights or claims under this contract against the User.
The Provider shall grant the User, during the term of the usage contract pursuant to Clause 3.1, a non-exclusive, transferable, and sublicensable right to use the HS Heilbronn Apps and the associated functionalities remotely on the Provider's systems as intended, subject to these T&C.
The Provider shall provide the HS Heilbronn Apps under the Apache License, Version 2.0, free of charge. The Provider agrees that the HS Heilbronn Apps shall be subject to the terms of the relevant open-source license(s) and waives any claims that may arise from the publication and use of the software under these licenses.
The User shall also be granted the right to publish and distribute the HS Heilbronn Apps under one or more open-source licenses at their discretion, provided they comply with the terms of the Apache License, Version 2.0. In particular, the User shall retain copyright notices and licensing information.
All intellectual property rights shall remain with the Provider or the respective rights holders. The User shall not receive any additional rights, particularly concerning the App, the underlying software application, or the operating software.
These additional terms are minimum requirements for self-created app terms stipulated by Apple. They shall apply if the User obtained the App from the Apple App Store.
The Provider shall be solely responsible for the App. The Store Operator shall not participate in the development nor influence the content or design of the App. Therefore the following applies:
Support and maintenance of the App shall be the sole responsibility of the Provider, not the Store Operator.
The Provider’s contact information is as follows:
Hochschule Heilbronn
Bildungscampus
Max-Planck-Straße 39
74081 Heilbronn
Tel.: [please insert]
EMail: [please insert]
The Provider warrants the defect-free condition of the HS Heilbronn Apps. If the App or a service relating to it is defective, the User may also contact the Store Operator, who may, if applicable, refund the purchase price. Beyond this, the Store Operator shall not be responsible for the App's warranty. Any further liability shall rest solely with the Provider.
The Provider alone shall be responsible for any claims by the User or third parties arising from the App or its use, including claims concerning product liability, violations of statutory duties, regulatory requirements, or consumer protection laws.
In the event of third-party claims regarding the infringement of intellectual property rights by the App itself or the possession and use of the App by the User, the Provider alone shall be responsible for addressing and resolving such claims and defending against them, not the Store Operator.
In addition to Clause 7, the Provider shall grant the User the right to access and use the App through other accounts associated with the User via "Family Sharing" or bulk purchases.
The User shall assure that they:
The statutory warranty rights shall apply to the Provider's services.
The Provider shall be liable to the User for all damages caused by the Provider, its legal representatives, or vicarious agents in cases of intentional misconduct or gross negligence, without limitation.
In cases of slight negligence, the Provider shall be liable without limitation for damages resulting from injury to life, body, or health. Otherwise, the Provider shall only be liable if it has breached a material contractual obligation (Cardinal Duty, ”Kardinalpflicht”). Cardinal Duties are obligations whose fulfillment is essential to the proper performance of the usage contract, whose breach endangers the achievement of the contract's purpose, and on whose compliance the contractual partner may regularly rely. In such cases, liability shall be limited to the compensation of foreseeable damages typical for the contract.
Furthermore, if and to the extent that the Provider provides its services to the User free of charge, the Provider's liability for all cases of slight negligence shall be excluded.
The Provider shall treat any information that becomes known to it during the performance of its contractual services confidentially and shall not disclose or otherwise use it.
The Provider shall comply with the data protection laws applicable to it. The Provider's Privacy Policy shall be available at all times at the following web address: [URL to be added.].
The usage contract for the HS Heilbronn Apps, as a framework agreement between the Provider and the User, shall be concluded for an indefinite period. Both parties may terminate the usage contract with one day’s notice, effective at the end of the following day. The right to extraordinary termination for good cause shall remain unaffected. The User shall terminate the usage contract via the corresponding button in the HS Heilbronn Apps. The Provider shall terminate the usage contract in text form.
Upon termination of the usage contract, the User shall be prompted to specify whether they wish to delete User Content, retain User Content anonymously, or retain User Content in the App with the User's real name. If the User does not provide such a statement, User Content not deleted by the User shall remain in the App following termination in accordance with Clause 5.4. If Provider terminates the usage contract, User Content shall be deleted.
The data provided by the User and the created User profile or User account shall be deleted by the Provider upon termination of the usage contract, subject to any retention obligations. If the Provider is permitted to retain data due to statutory or other reasons, the data may alternatively be locked. Once the retention obligation or authorization expires, the Provider shall delete the data.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer, the applicability of mandatory provisions of the legal system applicable at his place of residence shall remain unaffected.
The place of performance for all mutual obligations arising from the usage contract shall be the Provider's registered office.
If the User is an Entrepreneur, the place of jurisdiction shall be the Provider's registered office.
The HS Heilbronn Apps and Content, including but not limited to texts, photos, images, graphics, illustrations, and software, as well as all trademarks, patents, and utility models, shall be protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trademarks, and patents or utility models in force. Usage shall require prior written consent from the Provider or, if the respective rights do not lie with the Provider, from the rights holder.