Terms and Conditions
Terms and Conditions
Table of Content
- Subject Matter
- No Remuneration
- ROBOYAGI™ App Functionality
- Usage Rights
- Your Obligations
- Data Protection
- Claims in Case of Defects / Warranty
- Limitation of Liability
- Your Indemnification Obligation
1. Subject Matter
1.1 Subject Matter of this Agreement.
These “ROBOYAGI™” App Terms and Conditions” (“Agreement”) govern the legal relationship between Techtronic Industries UK Limited (“We” / “Us” “Our”) and users of the “ROBOYAGI™” mobile app (“You” / “Your”) in relation to the provision and use of the “ROBOYAGI™” mobile Application (“ROBOYAGI™ App”) including any future updates of the ROBOYAGI™ App.
1.2 Conclusion of this Agreement.
You enter into this Agreement with Us by accepting this Agreement upon registration for a ROBOYAGI™ Account.
1.3 Accessibility of Agreement.
You can access and download the text of this Agreement online.
2. No Remuneration
2.1 No Charges.
We provide the ROBOYAGI™ App in the current version to You free of charge.
2.2 Telecommunication Costs.
The use of certain functions of the ROBOYAGI™ App requires an internet connection of the device (e.g. smartphone) on which the ROBOYAGI™ App is installed (“Device”). This may cause costs for data traffic according to Your agreement with Your network operator. Such costs are to be borne by You.
3. ROBOYAGI™ App Functionality
The ROBOYAGI™ App provides functions for product control, live and historic critical alert reporting (see clause 3.2), in connection with the ROBOYAGI™ (“ROBOYAGI™”).
3.2 Product Control.
The ROBOYAGI™ App allows to set certain parameters in ROBOYAGI™, e.g. the scheduling of cuts, height adjustment. Commands are sent by the Device to the ROBOYAGI™ via a Wi-Fi connection. Please refer to the manual of ROBOYAGI™ to find out if and to what extent it can be used in connection with the ROBOYAGI™ App.
3.4 System Requirements.
In order to use the ROBOYAGI™ App Your Device must fulfill certain hard- and software requirements (e.g. version of operating system, etc.).
We may provide from time to time updates of the ROBOYAGI™ App which may also include bug-fixes. It may also be necessary to install an update in order to ensure interoperability of the ROBOYAGI™ App with future versions of ROBOYAGI™. We therefore strongly recommend installing updates. This Agreement does not create an obligation of Us to provide any updates or updates with a specific functionality. Your statutory rights remain unaffected.
3.6 Access to Third Party Websites, Content and Services.
To the extent the ROBOYAGI™ App gives You access to third party websites, content and services (“Third Party Services”) such Third Party Services are subject to the respective privacy policies and terms of conditions of the third parties.
4. Usage Rights
4.1 Right to Use.
We grant You free of charge the non-exclusive (simple), non-transferable and non-sublicenceable, worldwide and perpetual right to operate the ROBOYAGI™ App on Your Device.
4.2 Modification and Decompilation.
You will not translate, adapt, rearrange or otherwise modify the ROBOYAGI™ App. You are, however, entitled to decompile or otherwise reverse engineer the ROBOYAGI™ App, but only to the extent permitted under Section 69e German Copyright Act (Urhebergesetz) and only if We have not provided You within reasonable time upon Your written request with data and/or information required to ensure the interoperability of the ROBOYAGI™ App with other software.
4.3 No Provision to Third Parties.
You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the ROBOYAGI™ App or parts of it, to any third party, including by making the ROBOYAGI™ App available on a network where it is capable of being accessed by more than one device at any time.
4.4 No Rights in Source Code.
You are not granted any rights in the source code of the ROBOYAGI™ App.
4.5 Reservation of Rights.
Unless explicitly set forth otherwise in this Agreement, all rights in the ROBOYAGI™ App, in particular the copyright and the right to and on inventions and other intellectual property rights, remain as between You and Us exclusively with Us.
To the extent that You make ideas and suggestions on the ROBOYAGI™ App, We are entitled to use them free of charge for purposes of developing, improving and selling our products and services.
5. Your Obligations
5.1 Use of Product Data.
You will use information provided by the ROBOYAGI™ App about the ROBOYAGI™ or its use (“Product Data”) for general information purposes only.
Before using the ROBOYAGI™ App You will read the ROBOYAGI™ user manual provided by Us and You will use the ROBOYAGI™ strictly in compliance with such information.
5.3 Lawful Use.
You will use the ROBOYAGI™ App in compliance with any applicable laws and regulations. By using the ROBOYAGI™ App You may not violate any third party rights (e.g. intellectual property rights).
5.4 Data Protection.
The Product Data may include personal data about You which will be processed in accordance with section 6 of these terms and conditions below.
5.5 Account Credentials.
You will keep confidential Your ROBOYAGI™ Account credentials and not provide Your password to others or let others use or give others access to Your ROBOYAGI™ Account.
5.6 Use with ROBOYAGI™.
You will use the ROBOYAGI™ App solely in connection with Our ROBOYAGI™. You will not use with ROBOYAGI™ App in connection with ROBOYAGI™ of third parties, unless the authorized owner of the ROBOYAGI™ has given You permission.
5.7 Resale of your ROBOYAGI™
If you decide to sell your ROBOYAGI™, it is your responsibility to ensure that your ROBOYAGI™ is reset and restored to its original factory settings before giving your ROBOYAGI™ to a purchaser. Please then delete the ROBOYAGI™ App following the sale.
If you are purchasing a ROBOYAGI™ second-hand, we recommend that you also reset it and restore it to its original factory settings as soon as possible following your purchase.
5.8 Sale, Lease, Transfer.
You may not sell, lease or otherwise make available the ROBOYAGI™ App to third parties.
6. Data Protection
6.2 Marketing communications
7. Claims in Case of Defects / Warranty
7.1 Exclusion of Liability.
Any and all claims (including for rectification) in case of material defects and defects of title of the ROBOYAGI™ App (“Defects”), particularly warranty for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness and/or usability, are excluded, except in cases of a fraudulent concealment of a Defect (see sections 523 and 524 of the German Civil Code - “BGB”).
7.2 Damage Claims.
You have no damage claims due to Defects of the ROBOYAGI™ App, except We have fraudulently concealed the Defect (see sections 523 and 524 of the German Civil Code - “BGB”).
8. Limitation of Liability
Our liability for Defects of the ROBOYAGI™ App is limited according to section 7 of this Agreement. Otherwise our liability is limited according to this section 8.
8.2 Limitation in Certain Cases.
We are liable for damages if they
a) have been caused due to Our intent or gross negligence; or
b) have been caused by Our slight negligence and a material breach of obligations, which endangers the achievement of the objective of this Agreement or have been caused due to failure to comply with obligations, the very fulfillment of which is an essential prerequisite for the proper performance of this Agreement and on the observance of which You may rely (essential obligations).
Any further liability of Us is excluded, irrespective of its legal basis, unless We are liable for damages to the life, body or health of a person, due to the explicit assumption of a guarantee of quality, fraudulently concealed defects or due to claims under the German Product Liability Act.
8.3 Limitation of the Amount of Liability.
In case of clause 8.2.b) (slight negligent violation of essential obligations) Our liability is limited to the amount of a typical foreseeable damage for such type of agreement.
8.4 Further Limitation.
With regard to the provision of the ROBOYAGI™ App free of charge, Our liability is further limited to damages caused by Our intent and gross negligence and liability for damages caused by slight negligence is excluded, as set out in section 521 BGB.
8.5 Employees and Statutory Representatives.
The limitations of liability in this Agreement also apply to Your claims against Our employees and statutory representatives.
9. Your Indemnification Obligation
9.1 Indemnification Obligation.
If third parties (including public authorities) raise claims against Us or assert infringements of their rights, based on the allegation that You have violated this Agreement, in particular clause 5 of this Agreement, the following applies: You will immediately indemnify Us from such claims losses, costs, fines or damages suffered or incurred by Us, support Us reasonably in Our legal defense and indemnify Us from any costs for such defense (including attorney fees).
9.2 Prerequisites for the Indemnification Obligation.
The obligation to indemnify according to clause 9.1 of this Agreement requires that We inform You immediately in writing of any such claims made, do not make any acknowledgements or equivalent declarations and allow You - at Your expense - to conduct all judicial and extrajudicial proceedings and/or negotiations regarding the claims, if and to the extent permissibly by applicable law. If We do not fulfill these requirements Your indemnification obligation is reduced accordingly. Our statutory claims (e.g. for damages) remain unaffected.
This section 9 does not apply if You are a natural person who enters into this Agreement for purposes, which predominantly can be attributed neither to Your commercial nor Your independent professional occupation (see section 13 BGB) (“Consumer”).
10.1 Applicable Law.
This Agreement is exclusively governed by and construed in accordance with the laws of England and Wales under exclusion of the UN Convention on the International Sale of Goods (CISG). If You are a Consumer the previous choice of law clause only applies to the extent that it does not deprive You of applicable mandatory consumer protection laws of the country in which You are ordinarily resident at the time of installing the ROBOYAGI™ App.
Terms in this Agreement shall be construed in accordance with the concept of English law.
10.3 Place of jurisdiction.
If You are a merchant, the exclusive place of jurisdiction is Our place of establishment; we remain, however, entitled to sue You at Your registered office.
In case individual provisions of this Agreement are or become ineffective, this does not affect the effectiveness of the remaining provisions.