Terms and Conditions

1.1. Any use of this web site provided by AInvone GmbH and/or its affiliates (“AInvone”), “AInvone Web Site”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the AInvone Website these Terms of Use are accepted in their then current version.

1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

1.3. If the User uses this AInvone Website as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i para. 1 sentence 1 no. 1 – 3 of the German Civil Code does not apply.

2.1. AInvone may stop the operation of the AInvone Web Site in full or in part at any time. Due to the nature of the internet and computer systems, AInvone cannot accept any liability for the continuous availability of the AInvone Website.

3.1. The use of any information, software and documentation made available on or via this AInvone Website is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with AInvone. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.

1. In accessing or using the AInvone Website the User shall not

• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid  game or similar activity.

6.2. AInvone may deny access to the AInvone Website at any time, in particular if the User breaches any obligation arising from these Terms of Use.

The AInvone Website may contain hyperlinks to the web pages of third parties. AInvone shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as AInvone does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

6.1. As long as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving wilful misconduct or fraud.

6.2. The information on the AInvone Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

7.1. The liability of AInvone for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of AInvone is excluded unless required by law, e.g. under the Act on Product Liability or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.

7.2. Although AInvone makes every endeavour to keep the AInvone Website free from viruses, AInvone cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilise a virus scanner before downloading any information, software or documentation.

7.3. §§ 7.1 and 7.2 do neither intend nor imply any changes to the burden of proof to the User’s disadvantage.

8.1. Any supplementary agreement requires the written form.

8.2. The place of jurisdiction shall be Berlin if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

8.3. The individual pages of the AInvone Web Site are operated and administered by AInvone GmbH and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. AInvone makes no representation that information, software and/or documentation on the AInvone Website are appropriate or available for viewing or downloading at locations outside such country. If Users access AInvone Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to AInvone Website’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with AInvone, the User should contact the AInvone representative for the particular country for country specific business.

8.4. These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.