General Terms and Conditions of Use for the TagID Config App

1. General

1.1. Fronius International GmbH (hereinafter referred to as "Fronius" for short) provides the user with the TagID Config app (hereinafter referred to as the "app") – a free app for configuring the TagID.

1.2. The following General Terms and Conditions of Use (hereinafter referred to as "Terms of Use") apply to all app users. Users are only deemed to be "entrepreneurs" within the terms of Section 1 of the Austrian Commercial Code (Unternehmensgesetzbuch) and their employees.

2. Subject and scope of services

2.1. The subject of these Terms of Use is the use of the app. The app gives users access to various functionalities (hereinafter referred to as "app functionalities"), e.g., configuration of the TagID and the readout of alarms.

2.2. Unless otherwise agreed, the app functionalities are available to the user for use free of charge. The use of the app functionalities is permitted exclusively for these purposes.

3. Changes to the Terms of Use

3.1. The version at the time of installation of the app is authoritative in each case. Fronius only agrees to these Terms of Use. General Terms & Conditions, Terms and Conditions of Purchase, or other terms and conditions of the user shall not become part of the contract, even if Fronius is aware of them and does not expressly object to them.

3.2. Fronius is entitled to amend the Terms of Use and the app functionalities at any time. The user will be informed of this in a timely manner online or in another suitable electronic form.

4. Technical requirements

4.1. Fronius shall ensure that the app is published on the app stores and that the app is compatible with most mobile devices on the market. The functional scope of the app may differ depending on the operating system. The functions are described in the respective app store, such as iTunes, Google Play, etc. (hereinafter all referred to as "app store"). The hardware and firmware requirements for operating apps on mobile devices are listed in the app store. Due to the number of different models of mobile devices, different operating systems, additional provider costs, and different software installed by the user, Fronius cannot guarantee perfect compatibility of the app with all mobile devices and therefore cannot be held responsible for malfunctions.

4.2. Fronius will provide updates to the app to the extent required by law. Fronius reserves the right to make further updates at its own discretion and to modify the app at any time in a manner that is reasonable for the user, e.g., in order to develop it further and improve its quality. This applies to both technical and content-related further developments.

4.3. In order for users to be able to download current data to their mobile device with the help of the app, Fronius requires a stable Internet connection on the user's mobile device. For the app's services to function smoothly, it is also necessary for certain functions of the cellphone to be enabled (camera, location, networks, etc.). If these functions are not enabled or are not present on the user's cellphone, some in-app services will not work. Fronius cannot be held responsible for non-functioning services.

5. License and obligations when using the app

5.1. Upon acceptance of these Terms of Use, Fronius grants the user the royalty-free, non-exclusive, non-transferable, non-sublicensable right to use the app for the purposes defined in these Terms of Use until revoked. The app may only be used in the form provided by Fronius, but not in a modified, translated, edited, or redesigned form.

5.2. The user confirms that they will use the provided app functionalities only for their own commercial purposes and only as described in these Terms of Use and will not use them to resell services to third parties or for any other commercial or non-commercial purposes. Any use exceeding the Terms of Use constitutes misuse.

5.3. The user must ensure in an appropriate manner that any misuse is avoided.

5.4. The user shall be responsible to Fronius for complying with the rights and obligations under these Terms of Use and for fulfilling the obligations under these Terms of Use. The user shall indemnify and hold Fronius harmless in the event of a breach of any of the obligations in these Terms of Use.

6. Intellectual property rights

6.1. Fronius retains all rights, including all copyrights and other intellectual property rights, in the app and all copies thereof. By accepting the Terms of Use, the user is merely granted a right to use the services provided by the app in the manner provided for in these Terms of Use. Beyond that, no rights to the app are granted or transferred to the user; in particular, the user also has no right to obtain the source code.

6.2. The user is not entitled to modify, reverse engineer, decompile, disassemble, or otherwise determine the program code of the app and/or parts thereof, or to create derivative works of the app, except in cases where this is necessary to establish interoperability or to ensure error correction pursuant to Section 40d of the Copyright Act (UrhG). The user may not remove or modify copyright notices or other references to intellectual property.

6.3. Individual parts of the app or the components used for it may be subject to open-source licenses, which then take precedence over the above provisions. In such cases, Fronius will make the object code or source code available to the user upon request, provided that provision of the object code or source code is provided for in the terms of use of the relevant open-source license. Insofar as this is necessary for the lawful use of the app, the respective applicable open-source license terms are specified here www.fronius/... By using the app, the user accepts these open-source license terms. In the event of contradictions, they shall take precedence over these Terms of Use. The user acknowledges that Fronius accepts no liability for such damage caused by the open-source components. With regard to any claims relating to liability and warranty, see the aforementioned open-source license terms.

6.4. The user is prohibited from using any search engine, software, or other tools, including but not limited to spiders, search engine robots, avatars, or intelligent agents to search and use the app in any manner other than as specified by Fronius.

7. Availability of the app functionalities

7.1. Fronius endeavors to provide the app functionalities continuously and to keep them accessible – in each case in accordance with the existing technical, economic, operational, and organizational possibilities. However, Fronius accepts no responsibility for the uninterrupted availability of the app. Moreover, given the current state of technology, it is not possible to develop and operate software completely free of errors and to exclude all uncertainties in connection with the Internet. The user agrees that the use of the app can therefore not be guaranteed for system reasons, which include in particular technical reasons, disruptions to the communication network, security measures, capacities, maintenance, and circumstances arising from force majeure. Claims for damages and warranty claims of any kind are excluded from this.

7.2. The user acknowledges that Fronius provides the app to users as an infrastructure for obtaining the services under section 2.1. without obligation and this can be revoked at any time. Users therefore have no claim to use and function of the app's services in general or according to a specific state of the art.

7.3. Fronius is entitled to temporarily restrict or interrupt access to the app functionalities for important reasons, such as servicing and maintenance work, or if this is necessary, for example, with regard to capacity limits, the security or integrity of the server, or to implement other technical measures.

7.4. The unavailability of services under sections 7.1. to 7.3. shall not constitute grounds for any liability on the part of Fronius to the user for any resulting costs, damages, or other disadvantages.

8. Liability

8.1. Fronius provides the app free of charge. Any liability of Fronius is therefore excluded unless required by law, e.g., in cases of willful misconduct, gross negligence, personal injury or death, or fraudulent concealment of a defect.

8.2. In particular, Fronius accepts no liability for the availability of the functionalities and the accuracy or completeness of the data determined via the app. Furthermore, Fronius is not liable for damage caused by unpredictabilities during online use, in particular malware, viruses, malicious software, or other sources of error and damage caused by Internet use.

9. Applicable law and place of jurisdiction

9.1. This contract shall be governed exclusively by Austrian substantive law, excluding the conflict-of-law rules of private international law and excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contract shall be the court with subject-matter jurisdiction in commercial matters for the registered office of Fronius.

10. Final provisions

10.1. If any provision of these Terms of Use should be or becomes invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by the parties with a provision that comes as close as possible to the invalid provision and is customary in the industry. The same applies to gaps in the Terms of Use.