App Terms of Use

Gender note: For better readability, the simultaneous use of masculine, feminine, and diverse (m/f/d) language forms is avoided, and the feminine form is used. All personal designations apply equally to all genders.

1. Scope of application
These terms of use (hereinafter also referred to as "T&Cs") apply to the business relationship between urbanhive GmbH, Wallgraben 5, 48356 Nordwalde (hereinafter referred to as "Provider" or "we") and the user ("User" or "you") with regard to the use of the urbanhive mobile application (hereinafter referred to as "App").
Deviating or conflicting general terms of use of the User shall not become part of the contract unless the Provider expressly agrees to their validity.

2. Subject matter of the service and conclusion of contract
Within the App, you can create a user account (hereinafter "Registration") to use various functions related to the control of the homefarm and the utilization of its produce.
The App and its functions are free of charge.

3. Access to the Services
The Provider provides the User with password-protected access to the services of the App.
The access data consists of the email address provided by the User during registration and an individual user password. The User ensures to the Provider that the access data is kept confidential. The User also undertakes to inform the Provider immediately if there is a suspicion of misuse of the access data.
A User can only be logged into the Services once at any given time with her access data. The scope of permissible use is governed by Section 8 ("Rights of Use") of this contract.
The Provider reserves the right to deny access to the Services if there is evidence that the end devices used by the Users or the manner of use jeopardize the functionality and security of the Services. Access may also be denied if the Provider is unable to verify whether the User is only using the Services within the rights granted to her herein.

4. Required hardware and software
The User is responsible for creating and maintaining the technical prerequisites required for using the Services. The Provider strives to keep the Services up-to-date with the latest technology to provide the User with the best possible user experience.

5. Scope of services and availability
The specific services offered are set out in the service descriptions on https://urbanhive.de/
This is a description of quality, with which no guarantee or assurance of properties is associated.
The Provider aims for an availability of the Services of not less than 98% per month. This availability does not include periods of unavailability due to reasonable, planned, and pre-announced maintenance work. It also does not include periods of unavailability due to absolutely necessary unscheduled maintenance work, unless these are based on a willful or grossly negligent breach of duty by the Provider or a breach of cardinal obligations. Periods of unavailability due to internet disruptions beyond the Provider's control or due to other circumstances for which the Provider is not responsible, in particular due to force majeure, are also not included.
The Provider strives to keep the content of the Services up to date at all times. However, completeness and freedom from factual errors cannot be guaranteed.

End-of-Life Policy
Our app is continuously maintained and updated to provide you with a secure and user-friendly experience. Should an End-of-Life (EOL) date be set for this app in the future, we will inform users in good time to enable a smooth transition. We will ensure that an appropriate period is available during which the app will continue to be supported and users can export their data if necessary. Currently, however, there are no concrete plans for an End-of-Life date.

6. Remuneration
The use of the app is free of charge for urbanhive customers.

7. Rights of Use
Upon conclusion of the contract, the User acquires, subject to the payment of the due and payable remuneration, the simple (non-exclusive), non-transferable, and non-sublicensable right to use the Services in accordance with the contract, limited to the term of the user agreement and to use for her own purposes.
Any further use (e.g., transfer of use or sublicensing to third parties) is prohibited.

8. Content Responsibility and Indemnification
The Provider does not check whether the content (e.g., texts or photos) uploaded by users within the scope of the services violates legal regulations or third-party rights (e.g., copyrights). This applies both to the content uploaded in the user's own user account and to the content posted by the user in public areas (e.g., within the community). Each user is solely responsible for the legality of the content uploaded or posted by her, as well as for ensuring that it does not violate any third-party rights.
To the extent necessary, the User shall indemnify the Provider against any claims that third parties may assert against the Provider due to an infringement of their rights by the content uploaded or posted by the User.
The Provider is entitled to temporarily or permanently block the uploaded or posted content within the Services or to modify it in such a way that it no longer violates third-party rights or to issue requested cease-and-desist declarations if the Provider is sued by third parties for a cease-and-desist order due to content that a user has uploaded or posted on the platform.

9. Data Protection
The data protection provisions in connection with the use of the Services result from the current data protection declaration, available here: Data Protection

10. Warranty and Liability
The Provider shall be liable exclusively in accordance with the following paragraphs of this Section 11. Any further liability is excluded.
The Provider shall be liable without limitation for damages due to injury to life, limb, or health, as well as for damages based on intent or gross negligence of the Provider or a legal representative or vicarious agent, as well as for damages falling under a guarantee or assured quality granted by the Provider, and for fraudulently concealed defects.
For damages based on a negligent breach of essential contractual obligations of the Provider or its legal representatives or vicarious agents, the Provider shall be liable; however, liability is limited to compensation for the foreseeable damage typical for the contract for such damages.
Liability under the Product Liability Act remains unaffected.

11. Commencement, Term, and Termination of the Contract
The term of the contract begins with the acceptance of the contract by the Provider (see Section 2 above).
The right of each contracting party to extraordinary termination for good cause remains unaffected. A good cause exists for the Provider in particular if the User culpably violates a material contractual obligation, in particular the obligations from Sections 8 and 9, or is in arrears with the payment of the remuneration, either in full or with not insignificant partial amounts, despite a reminder and setting of a grace period, for at least thirty days.

12. Responsible Vulnerability Disclosure
We take the security of our systems and the confidentiality of your data very seriously. If you identify a vulnerability, please contact security@urbanhive.de. All security reports will be treated confidentially and reviewed according to our internal security policies.

13. Right to Amend
The Provider is entitled to change or supplement these terms of use at any time. The User has the right to object to such a change. If the User does not object to the changed terms within 6 weeks of receiving the notification of change, these will become effective as announced. The Provider will specifically inform the User in writing or via email at the beginning of the period that the notification of change will be deemed accepted if the User does not object within 6 weeks.

14. Final provisions
Should a provision of these GTC be or become invalid, the remaining provisions shall remain unaffected thereby.
The place of performance is the registered office of the Provider. For disputes with merchants, legal entities under public law, or a special fund under public law, the exclusive place of jurisdiction is also the registered office of the Provider.
The substantive law of the Federal Republic of Germany shall apply, excluding its conflict of laws rules, even if access to the Services is made from outside the territory of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply, not even as part of German law.

 

Status: 27.10.2024