Terms of Use for the viflow Remote App
§ 1
Scope
(1) The following terms of use apply to the use of the viflow and Microsoft Visio 2016 software provided on the viflow Remote App. In addition, as a user you will receive storage space for the viflow Process Model and/or viflow WebModel.
(2) The viflow Remote App comprises viflow and MS Visio 2016 STD software. The object of the contractual relationship is the provision of the viflow Remote App for online use and the transfer and storage of your viflow data. You will acquire the technical facility and right to access the Remote App over the Internet and to use the functions of viflow in accordance with these terms of use for trial purposes.
(3) You apply for use of the viflow Remote App using the Internet form and you confirm in that form your agreement to the terms of use. The contractual relationship comes into being with the mail sending the Remote App link and the access details (user and password).
§ 2
Registration of the viflow Remote App
(1) In the course of registering you will be asked to give your full name, company and your email address. By registering you create a trial account that is free of charge.
(2) You will receive the access details, such as user and password, together with the Remote App link by email following registration.
§ 3
Trial period and availability
(1) The trial period lasts 30 days. We reserve the right to alter the trial period at any time. As a user you do not have a right to permanent use of specific benefits.
(2) There is no right to uninterrupted use of the viflow Remote App. Owing to maintenance works or technical faults interruptions may occur that might also result in loss of data. Consequently temporary restrictions or interruptions to use cannot be completely excluded.
(3) The functional and operational readiness of the viflow Remote App is assured in accordance with the provisions of these terms of use. Any faults will be rectified as quickly as possible and in so far as technically feasible. There is deemed to be a fault where the viflow Remote App does not fulfil the functions listed on our website www.viflow.de, delivers incorrect results or does not function properly in some other way with the consequence that the use of the software is not possible or is restricted. All further claims in respect of defects are excluded.
§ 4
Rights of use
(1) We grant to you for the duration of the trial version period the unlimited, non-exclusive, non-transferable, non-sub-licensable right to use the viflow Remote App online for your own purposes.
(2) You do not have any rights to use the viflow Remote App for any purposes other than as provided in these terms, or to reproduce it or make it available for use by third parties whether for consideration or free of charge.
§ 5
Data retention
(1) When using the viflow Remote App your data will be held for a period of thirty (30) days on the viflow Remote App (“trial period”). On the expiry of the trial period data stored on this platform will be deleted automatically and irretrievably. You have the option of storing the viflow Process Model or the WebModel also locally on your data carriers.
Process models created with the viflow Remote App are not compatible with purchase versions of viflow, but can only be used with viflow by subscription.
(2) You undertake not to store in the viflow Remote App any content, of which the provision, publication and use infringes applicable law, the rights of third parties or the principles for the protection of minors. Similarly any activity that compromises the smooth running of the viflow Remote App or that might overload our platform is not permitted.
(3) We have no storage or custodial obligations in relation to the data transmitted or processed by you.
(4) Data is backed up regularly e.g. in the event of a server crash. But you have no right to completely redundance-free recoverability of your data.
§ 6
Payment
(1) The use of the viflow Remote App is free of charge.
§ 7
Termination of the contractual relationship
(1) The trial period ends automatically after 30 days, without the need for notice by either party. We delete any data stored by you in the viflow Remote App ten days after the expiry of the test period.
§ 8
Data protection
(1) Personal data are collected, stored and processed by us in so far as necessary to provide the service and as permitted by statutory provisions. We will handle personal data in confidence in accordance with the provisions of the applicable data protection legislation and will not pass it to third parties. For further details please see our Privacy Policy at http://www.viflow.de/en/privacy-statement.html.
§ 9
Indemnity
(1) You undertake to indemnify us for all costs, claims and detriment sought from us by third parties by reason of the infringement of their rights by your content or by reason of a breach of legislation by you.
(2) You also undertake to compensate us for all costs arising from infringements of rights, in particular costs of appropriate legal defence including court and legal fees. This shall not apply where and in so far as the infringement of rights is not attributable to you.
§ 10
Final provisions
(1) Should individual provisions of these terms of use be or become wholly or partially void, the effect of the remaining provisions shall not be affected thereby. The parties undertake that in this event they shall replace the invalid provision with an effective provision that corresponds as closely as possible to the economic purpose of the invalid provision. The same shall apply in respect of any gaps in the agreement.
(2) The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the purchaser is a business person, the exclusive jurisdiction for all disputes is the location of the head office of ViCon GmbH. ViCon may however also bring legal proceedings against the contractual partner at its general place of jurisdiction.
ViCon GmbH
Oldenburger Allee 25
30659 Hannover
www.vicon.biz