SOLO Sales – Conditions of Use for iPad-App
The use of the app is conditional on your agreement to the following conditions of use. Therefore please read these carefully.
1.1. Use of the application offered by SALT Solutions GmbH (hereinafter “SALT Solutions”) is permitted only subject to these conditions. Use of the application signifies acceptance of these conditions of use in their current version.
1.2. The application is intended only for business undertakings or public entities and the respective business or entity is represented by the user and must be accountable for the user’s actions and knowledge.
2 Conclusion of the contract and conditions
As a general rule apps must be loaded initially via the Apple App Store. If an app or an additional function of the app (in app purchase) is subject to a charge, the current charge will be displayed to you in the Apple App Store or in the app itself. Payment will be made via your account with the Apple App Store. In addition to the price of the app or the chargeable additional function, transmission charges by your provider can accrue in the course of downloading and use.
Within the app you may use content free of charge unless you are required to take out a subscription for the activation of additional functions.
Subscriptions extend automatically for the period specified, unless you deactivate the automatic extension at least 24 hours before the end of the term. If you have a current subscription, your deactivation will only take effect at the end of the term.
SALT Solutions may adjust the price. Where prices are increased by more than 10% you have the right when the increase comes into effect to terminate without giving notice.
The right of each party to terminate for good cause without giving notice remains unaffected.
Our online offerings are intended exclusively for commercial customers with the consequence that there is no statutory right of cancellation within the meaning of S. 355 German Civil Code (Bürgerliches Gesetzbuch or “BGB”). When an order is placed a binding contract without any right of cancellation comes into being.
Due to the nature of the Internet and of computer systems SALT Solutions does not give any guarantee as to the uninterrupted availability of the application.
4 Usage rights in relation to information, software and documentation
4.1. SALT Solutions grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided in the application.
4.2. Neither information, software nor documentation may be distributed, let or in any other way provided by the user to third parties at any time.
4.3. The information, the software and the documentation are protected both by copyright laws and also international copyright contracts and other laws and agreements concerning intellectual property. The user shall respect such legislation and rights, in particular the user shall not remove alphanumerical identifiers, trademarks and copyright notices either from the information or from the software or from documentation or copies thereof.
4.4. The provisions of Ss. 69a ff. German Copyright Act (Urheberrechtsgesetz) remain otherwise unaffected.
5 Intellectual property
5.1. Notwithstanding the particular provision in paragraph 4 of these conditions of use, information, brand names and other contents of the application may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any way without the prior written permission of SALT Solutions.
5.2. Apart from the rights of use or other rights expressly granted herein the user is not granted any further rights of any kind, in particular in the company names or in commercial property rights such as patents, registered designs or trademarks, nor shall SALT Solutions be under any obligation to grant such rights.
5.3. If the user posts ideas or suggestions on the application, SALT Solutions may use these free of charge for the development, improvement and sale of products from its portfolio.
6 Obligations of the user
6.1. The user may not during the course of using the application
- transgress the bounds of decency during use;
- infringe commercial property, copyright, personal and proprietary rights or other rights of third parties;
- transmit content with viruses, so-called Trojan horses or other programming that could damage software;
- enter, save or transmit hyperlinks or content that the user is not entitled to, in particular where these hyperlinks or content breach confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited emails (so-called “Spam”) or inappropriate warnings of viruses, malfunctions and suchlike or invite participation in lotteries, snowball systems, chain letters, pyramid schemes and similar activities.
6.2. SALT Solutions may block access to the application at any time, in particular if the user breaches his/her obligations under these conditions of use.
7 Liability for defects in title and quality
The customer’s warranty rights are in accordance with the general statutory provisions, save where otherwise provided hereinafter.
The limitation period is 1 year.
Notification of a defect must be given in writing by the user (fax or email is sufficient) providing a detailed description of the defect.
SALT Solutions undertakes to remedy the defect reported within a reasonable period.
Reported defects will be remedied through provision – dispatch of an email with a download link to the module of a defect free software (“replacement delivery”).
SALT Solutions will not provide a warranty.
The reduction of the limitation period shall not apply in the event of intent or gross negligence on the part of SALT Solutions, fraudulent concealment of the defect, personal injury or defects in title within the meaning of S. 438 ss. 1 no. 1 a BGB.
8 Other liability, viruses
8.1. In all cases of contractual and non- contractual liability SALT Solutions shall be liable for compensation or reimbursement of wasted expenditure only in the following extent:
a) SALT Solutions shall be liable in the event of intent, for personal injury and for claims under product liability legislation in the full amount, in the event of gross negligence and in the absence of a characteristic warranted by SALT Solutions, only in the amount of the foreseeable loss that is intended to be avoided by the obligation breached or the warranty;
b) in other cases: only in the event of breach of a material obligation (cardinal duty) and up to the limits of liability in the following sub-paragraph. There is a breach of a cardinal duty within the meaning of this sub-paragraph 8.1 (b) when there is a breach of an obligation the fulfilment of which makes the proper execution of the contract possible or the breach of which would put at risk the achievement of the purpose of the contract and the observance of which the user may regularly rely on.
Liability is limited in the cases in sub-paragraph 8.1 (b) to EUR 200,000.00 per case of damage, in total to a maximum of EUR 500,000.00 under this contract.
8.2. The right to claim contributory negligence is reserved.
8.3. A limitation period of one year applies to all claims against SALT Solutions for compensation or reimbursement of wasted expenditure in the event of contractual and non- contractual liability. The limitation period starts on the date provided under S. 199 ss. 1 BGB. Limitation occurs at the latest with the expiry of 5 years from the claim arising. The provisions of the 1st to 3rd sentences of this paragraph do not apply to liability in the event of intent or gross negligence or in cases of personal injury or under product liability legislation. The different limitation period for claims for material defects and defects in title remains unaffected by the provisions of this paragraph.
Although SALT Solutions will always try to keep the application virus-free, SALT Solutions does not give any warranty as to freedom from viruses. Before downloading information, software and documentation the user shall provide appropriate security measures for their own protection and to prevent viruses affecting the application.
9 Technical requirements
It is a prerequisite for the correct use of the apps that you have access to compatible devices and certain software. Use of the latest versions of the required software is recommended. For some apps this can be a condition of use. Regular updates to your devices can also be necessary. The use of our apps also requires Internet access. Please check before purchasing apps and/or subscriptions whether the hardware and software used by you enables use of our apps (the technical requirements are listed in the Apple Apps Store).
SALT Solutions reserves the right to cease offering outdated versions of this software, e.g. for outdated operating system versions or to provide new versions/updates only for current operating system versions.
10 Data protection
Data protection is an important issue for SALT Solutions. You will find further information in the data protection declaration at https://www.salt-solutions.de/solo-sales-data-protection.html .
11 Closing provisions
11.1. Side agreements must be in writing.
11.2. Jurisdiction is, where the user is a business person within the meaning of the German Commercial Code (Handelsgesetzbuch), Dresden.
11.3. The application is operated by and is the responsibility of SALT Solutions GmbH.
11.4. German law shall apply excluding the UN Convention on Contracts for the International Sale of Goods.
11.5. SALT Solutions reserves the right to change and adjust the conditions of use. You will be informed of such changes appropriately.
11.6. If a provision of these general terms and conditions of business is invalid, the validity of the remaining provisions shall not be affected thereby.