End-User License Agreement for idee ONECLICK and Data Privacy notice

  1. Data Privacy Notice
    1. The mobile application IDEE OneClick ("App") does not collect, process or use any personal data with the exception of the following:
      • The e-mail address or the personal ID reference and the security questions initially used for the set-up of the personal user account ("User Account"). The e-mail address and the security questions will be hashed and thus not stored in a form which would permit any identification of / link to the Licensee.
      • Only the part relating to the e-mail address' domain (e.g. apple.com) will be stored in plain text.
    2. For any requests on how the App uses personal data or any other request/legal claims regarding personal data, please contact hello@getidee.de.
    3. We will inform any Licensee about changes to this data privacy notice with six (6) weeks prior notice and then give the ability to opt-out from any such change.
  2. General Provisions
    1. This end-user license agreement ("EULA") lays down terms and conditions for use of the App between an individual user ("Licensee") and IDEE GmbH, Lindenstraße 12a, 81545 Munich, Germany ("Licensor").
    2. Licensor is contractual partner of Licensee's employer or service provider.
    3. The App will be provided to the Licensee on a permanent basis under the terms of this EULA and will be provided to the Licensee free of charge by means of download on the Licensee's mobile device via a third party app store.
    4. The third party app store's terms and conditions may apply in addition to this EULA and shall prevail in case of conflicts.
  3. Activation of App
    1. After downloading the App on a mobile device, Licensee must create a User Account by entering an email-address in the App interface. The Licensee will then receive an email with an activation hyperlink. By selecting the activation hyperlink, the User Account will be activated. Hereafter, the Licensee can use the App.
    2. It is the Licensee's obligation to secure its mobile device with appropriate protection mechanisms and in particular keep any user credentials confidential.
  4. Updates for App
    1. During Licensee's use of the App, Licensor shall keep the App updated as appropriate by providing updates, upgrades or new versions ("Updates") via the Licensee's mobile device update interface.
    2. The Licensee is obliged to download the Updates to its mobile device to ensure undisturbed functioning of the App.
  5. Grant of Rights
    1. Licensor grants to the Licensee during the term of this EULA a limited, revocable, nonexclusive, non-transferable and non-sublicensable right to use the App and any Updates for its own internal private or commercial use.
    2. Licensee may temporarily or permanently reproduce the App as far as this is necessary to load, display and run the App on the Licensee's mobile device.
    3. Licensee is not allowed to dispose of, to give away, to rent or to lease the App to third parties, neither permanently nor temporarily unless specifically permitted by Licensor.
    4. The reversal of the App's program code into different forms of code ("Decompilation") as well as any other types of trace-back of the various manufacturing stages of the App ("Reverse Engineering") shall only be permissible for the purpose of obtaining necessary information needed for achieving interoperability with other apps or mobile devices which could otherwise not be achieved.
    5. Copyright notices, serial numbers as well as other features serving identification must not be removed or modified. The same shall apply to any suppression of the equivalent features on a screen display.
  6. Warranty Claims
    1. The App provided by Licensor shall be substantially in accordance with the product description. Rights in case of defects shall be excluded in the case of minor or immaterial deviations from the agreed or assumed characteristics of the App or in the case of just slight impairment of use. Regarding Updates, Licensee’s rights in case of defects shall be limited to the new features of the Update as compared to the previous version of the App.
    2. Upon appropriate communication by the Licensee, Licensor will remedy defects in the App. Licensor may at its discretion remedy the defect by free-of-charge curing of the defect (rectification) or the supply of a defect-free version of the App (replacement delivery). The remedying of the defect may also take place through the delivery or installation of a new program version or a work-around. If the defect does not or not substantially impair the functionality, then Licensor is entitled, to remedy the defect by delivering an appropriate Update for the App.
  7. Liability
    1. Licensor is liable without limit for any losses arising out of injury to life, limb or health and that are due to any intentional or negligent breach of duty by Licensor, or any intentional or negligent breach of duty of a legal representative or agent of Licensor.
    2. For other liability claims, Licensor will be liable without limit only if a guaranteed quality is not present, as well as for willful intent and gross negligence including those of its legal representatives and senior employees.
    3. Licensor will be liable for slight negligence only insofar as there is a breach of a duty, the performance of which is of exceptional importance to the achievement of the contractual purpose (fundamental obligation). On breach of a fundamental obligation, the liability is limited to losses whose origination must be typically anticipated in connection with the licensing of an App.
  8. Term and Termination
    1. The term of this EULA begins when the Licensee activates the App by creating a User Account.
    2. The EULA shall be valid for an indefinite period of time, in any event for the time the Licensee uses the App and end automatically when the Licensor's contractual relationship with Licensee's employer or service provider is terminated.
    3. The parties' right to terminate the EULA for cause remains unaffected.
  9. Miscellaneous
    1. The Licensee is aware of the use of these EULA by the Licensor. Licensee has been given reasonable opportunity to become familiar with EULA's content.
    2. This EULA shall be governed by the substantive law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
    3. The exclusive place of jurisdiction for all disputes arising out of, or in connection with this EULA, or the breach, termination or invalidity thereof, is, to the extent legally permissible, Munich.