Terms of use

for the use of the WITTE Digital App

Important: Please read through the following terms of use carefully and make sure that you have understood the provisions. WITTE-Velbert GmbH & Co. KG (“WITTE“) is only prepared to allow you (the “User“) to use the WITTE Digital App on the condition that you agree with all the provisions and expressly accept them. This can be done by pressing the “I agree” or “Yes” button. If you do so, you shall be deemed to have accepted these terms of use. If you do not agree with all the provisions of the software license agreement, please press the “Cancel”, “No” or “Close window” button. In this case, you may not install the WITTE Digital App, use it or otherwise dispose over it.

1. General

  1. WITTE provides the option of locking or unlocking a vehicle via the WITTE Digital App, together with the Flinkey Box. In addition, vehicle-related data can be transmitted through the use of an OBD2 dongle (Flinkey IQ) with software and then made available in the WITTE Digital App once it has been merged and processed in the WITTE digital cloud.

  2. A condition for use of the WITTE Digital App is a smartphone with certain system requirements. You can find a current overview of compatible devices here. WITTE is not responsible for the operability of the end device employed by the User and shall therefore not accept any liability in this regard.

  3. A further requirement for the use of the WITTE Digital App is the regular existence of an Internet and mobile phone connection. The User alone shall be responsible for this and for all costs thereby incurred. If there is no Internet and mobile phone connection established every 7 days at the latest, not all the functions of the WITTE Digital App can be used. For example, the vehicle may not be able to be locked or unlocked. On the other hand, use of Flinkey IQ via the WITTE Digital App requires an ongoing Internet or mobile phone connection to be able to have access to vehicle-related data. If there is no connection, a comparison with the existing data in the WITTE digital cloud is not possible.

2. Scope

  1. Use of the WITTE Digital App, including the following updates, is subject to these terms of use.

  2. WITTE reserves the right to extend, modify or replace these terms of use in individual cases with further conditions. The User shall be informed of this in advance and must consent to it. Said information shall then be displayed when the WITTE Digital App is opened. WITTE may require the User to consent to the new conditions before they can make further use of the WITTE Digital App.

3. Granting of rights

  1. WITTE herewith grants the User a simple, temporarily limited terms of use of the WITTE Digital App in connection with these conditions and subject to the restrictions regulated herein.

  2. The User is in particular forbidden to copy, hire, or lease, translate, process or other-wise alter the WITTE Digital App in its entirety or in part, or otherwise alter, sublet or publicly reproduce the WITTE Digital App in wired or wireless form, including making it available to the public in such a way that it is available to members of the public from places and at times of their choice. The User shall also be forbidden to decompile, dis-assemble or reverse engineer the subject of the license unless the User is authorized to do so in accordance with relevant, mandatory copyright law.

  3. All rights to the source code of the WITTE Digital App shall belong exclusively to WITTE.

  4. WITTE and its licensors shall have sole, exclusive rights to all industrial copyrights in the WITTE Digital App, including its content and representation as well as all data al-ready provided to them.

  5. WITTE reserves the right to revise, extend or delete any part of the WITTE Digital App from time to time at its sole discretion. WITTE shall also be entitled, at any time and from time to time at its sole discretion, to amend or make available updates or upgrades of the WITTE Digital App or of components themselves. The User agrees and acknowl-edges that none of WITTE’s products or services which are not expressly described in the agreement shall hereby licensed to it.

  6. Subject to the aforementioned regulations, the User acknowledges that the WITTE Digi-tal App contains software which is subject to other terms and conditions concerning the use of such software than this agreement. Open-source software licenses shall apply for certain integral parts, which means that each software license which is approved through the open source initiative as open source software or through a corresponding-ly comparable license makes it a condition for the sale of such a software licensed un-der such a license that the seller of this software has made this software available in source code format. Upon request, WITTE shall inform you about the integral software components which fall under such a license as well as their respective terms of use. However, these can be amended by third-party providers at any time. If required, the li-censor shall hereby make the corresponding software available in source code format.

4. Internet connection

The User agrees that an Internet connection is required to use the WITTE Digital App and particular characteristics for which the User is solely responsible. Operation of the WITTE Digital App can, depending on the opportunity, bandwidth and other technical limitations over which WITTE has no influence, be limited or restricted. The responsibility for this lies with the third party which provided the Internet connection.

5. Third-party conditions

WITTE uses the WITTE Digital App services of third parties to provide its services; the User must also agree to the terms of use of said third parties. Currently, this includes a service of the company Geotab. By consenting to these terms of use, the User simultaneously consents to the conditions of Geotab, which can be viewed here.

6. Liability

WITTE shall only be liable in accordance with these conditions under the following provisions in 1. to 5.:
  1. WITTE shall be liable without limitation for intentional or gross negligence by WITTE, damages caused by its statutory representatives or managerial employees as well as for damages caused intentionally by other auxiliary agents.

  2. WITTE shall be liable without limitation for intentional or gross damages resulting from injury to life, limb or health cause by WITTE, its statutory representatives or auxiliary agents.

  3. WITTE shall be liable for damages due to a lack of guaranteed properties up to the amount covered by the purpose of the assurance and which was apparent to WITTE at the time of the issue of the assurance.

  4. WITTE shall be liable for product liability damages corresponding to the regulations in the Product Liability Act.

  5. WITTE shall be liable for damages arising from the violation of material obligations by WITTE, its legal representatives or auxiliary agents; material obligations are essential duties which form the basis of the agreement, which were decisive for the conclusion of the agreement and upon whose fulfillment the licensee may rely. If WITTE violates these material obligations through simple negligence, its liability shall be limited to the amount which was foreseeable for WITTE at the time of the respective performance.

  6. Further liability of WITTE shall be excluded.

7. Guarantee

WITTE shall guarantee the agreed quality and that the User can use the WITTE Digital App without violating the rights of third parties. The guarantee for material deficiencies shall not apply for defects which are based on the fact that the WITTE Digital App is used in a hardware and software environment in which the requirements mentioned in the product description are not fulfilled or for amendments and modifications which the User has undertaken on the WITTE Digital App, without it being necessary by law, under this agreement or without WITTE’s prior written consent.

8. Data security

With the conclusion of this agreement, the User agrees to the validity of the data protection regulations of WITTE in their respective valid version.

9. Blockage

In the event that the User violates these terms of use, WITTE reserves the right to exclude the User from further use of the WITTE Digital App and block their access hereto.

10. Final provisions

  1. WITTE shall not assume responsibility for links and other content of third-party provid-ers which are in the WITTE App. WITTE shall not check such content itself but rather only offer access to said content as a service provider in the sense of the Telemedia Act without making said content its own.

  2. The material law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on the International Sale of Goods (CSIG) and the regu-lations governing international private law.

  3. The parties agree that the registered office of WITTE shall be the sole place of jurisdic-tion for all disagreements arising out of and in connection with these conditions, provided that the user is a business person in the sense of the German Commercial Code or has no registered office in the Federal Republic of Germany in the event that legal action is undertaken.

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