1. General provisions and subject matter of the contract
1.1 Ecolog Deutschland GmbH
In der Steele, 14
represented by the executive director (Geschäftsführer) Mr Fisnik Demiri (hereinafter: “Ecolog”), provides the services defined below to potential users (hereinafter: “Cus-tomers”) free of charge on the basis of these Standard Terms and Conditions of Use.
1.2 These Terms and Conditions of Use shall form part of every licence agreement and shall apply also to future contracts without any requirement for Ecolog to provide a corresponding notification in individual cases. These Terms and Conditions of Use shall be deemed approved by the User, at the latest, when the User begins using the services.
1.3 All declarations that the User issues to Ecolog, including – in particular and by way of example – declarations of termination, must, as a minimum, be issued in text form within the meaning of section 126b of the German Civil Code (Bürgerliches Ge-setzbuch, BGB) (for the avoidance of doubt: a simple email shall suffice).
1.4 The subject matter of this contract comprises the use of the software offered to the Customer free of charge for the purposes of COVID-19 test management (“Applica-tions”).
1.5 On the basis of the licence agreement established in accordance with these Terms and Conditions of Use, Ecolog grants the Customer a non-transferable, non-sublicensable licence to use the Applications solely for private purposes and solely in accordance with these Terms and Conditions of Use.
1.6 Ecolog shall give the Customers sufficient advance notice of any changes or modifica-tions to the Applications.
2. Registration and contract conclusion
2.2 At the final confirmation stage, the Customer will have the opportunity to identify any data input errors made during the registration process and correct these using the de-lete and change function before submitting the registration application.
2.3 Upon completion of the registration process, an email containing an activation link will be sent to the Customer’s specified email address; this link will be valid for 24 hours.
2.4 The licence agreement will enter into effect when the Customer clicks on the activation link.
3. Obligations of the Customer
3.1 This Customer must store his/her username and password securely against access by unauthorised third parties and must not divulge this information to third parties.
3.2 It is possible to change the password at any time. Moreover, the Customer under-takes to change his/her password at regular intervals (at least every 3 months). The Customer must change his/her password immediately if there is reason to suspect that an unauthorised person has acquired the username and password.
3.3 The Customer must ensure that the information he/she has provided is always up-to-date and accurate. In particular, the Customer must inform Ecolog immediately in the event of a suspected security breach or suspected misuse of the Applications.
3.4 The Customer may use the Applications only within the described scope and solely in accordance with these Terms and Conditions of Use. In any event, the Customer is prohibited from selling the Applications or using them for his/her own economic pur-poses (in the broadest sense), unless Ecolog has given its prior written consent to this.
3.5 In this respect, the Customer warrants that he/she will use the Applications in a man-ner compliant with the applicable laws and regulations.
3.6 In addition, the Customer acknowledges that he/she is solely responsible for (i) his/her technical equipment and its security as well as for any risks arising therefrom, and (ii) for all data and/or content that he/she uploads. To this extent, the Customer shall in-demnify Ecolog against any claims that may be asserted against Ecolog in this con-nection by third parties.
4. Term, termination and access blocking
4.1 Upon its entry into effect in accordance with section 2.4, the licence agreement shall run for an indefinite term.
4.2 The Customer or Ecolog may terminate the licence agreement at any time, subject to a notice period of 14 days.
4.3 If there is good cause for doing so, Ecolog shall be entitled to block the Customer’s access to the Applications without notice, on either a temporary or permanent basis, and/or to terminate the licence agreement. In particular, good cause shall be deemed to exist if the Customer or an unauthorised third party misuses the customer portal, or if the Customer persistently violates relevant statutory provisions or breaches these Terms and Conditions of Use.
5. Notice of the right to withdraw upon registration
5.1 The declaration given for the purposes of using the Customer portal may be withdrawn within 14 days in text form (e.g. letter, fax or email), without having to state reasons. The withdrawal period shall run for 14 days from the date of the Customer’s registra-tion on the Customer portal.
5.2 For this purpose, the Customer may use the Withdrawal Declaration or another unam-biguous declaration.
5.3 For the purposes of compliance with the withdrawal period, it shall be sufficient if the Customer sends off the notification that he/she is exercising the right to withdraw be-fore the expiry of the withdrawal period.
5.4 The withdrawal must be sent to:
Ecolog Deutschland GmbH
In der Steele, 14
6. Limitation of liability
6.1 Ecolog shall bear unlimited liability for injury to the Customer’s life, body or health caused by Ecolog or its vicarious agents. Ecolog shall furthermore bear unlimited liabil-ity for losses or damage caused intentionally or through gross negligence by Ecolog or its vicarious agents.
6.2 In all other respects, Ecolog shall be liable only for culpable breaches of essential con-tractual obligations. Essential contractual obligations means those obligations whose fulfilment is essential for the proper execution of the licence agreement and upon which the User can reasonably be expected to rely and regularly does so. However, claims for damages based on breaches of essential contractual obligations resulting from ordinary negligence shall be limited to the foreseeable losses or damage that are typical for the type of contract.
6.3 Insofar as permitted by law and subject to the provisions in sections 6.1 and 6.2, liabil-ity is excluded for losses or damage resulting from breaches of obligations that are not essential contractual obligations and which were caused through ordinary negligence on the part of Ecolog or its vicarious agents.
6.4 Ecolog shall not be liable for the constant and uninterrupted availability of the Applica-tions or the uninterrupted contact communications as, given the current technological state of the art, the data connection via the internet cannot be guaranteed to operate without faults and/or to be available at all times.
6.5 Liability on the part of Ecolog for losses or damage caused by misuse of the password and incorrect entries in the customer portal is excluded. The Customer must check all data that he/she enters for completeness and accuracy and shall therefore be re-sponsible for the data that he/she has entered.
7. Data protection
7.1 All personal data entered in the customer portal will be collected, processed and used in accordance with the statutory provisions on the protection of personal data from time to time in force and only to the extent necessary for fulfilment of the contractual subject matter.
7.2 If the Customer has given his/her separate consent, the Customer’s personal data may also be used additionally in order to provide the Customer with additional infor-mation about the services offered by the service provider and the use of personal da-ta.
8. Amendments to these Terms and Conditions of Use
8.1 These Terms and Conditions of Use apply to the exclusion of all other terms and con-ditions. Deviating, conflicting or supplementary standard terms and conditions will only form part of a licence agreement if, and to the extent that, Ecolog has agreed to them in writing.
8.2 Ecolog shall be entitled to adjust these Terms and Conditions of Use with effect for the future. The Customer shall be informed of any adjustments made in this respect by email sent 4 weeks prior to their effective date.
8.3 The Customer may object to the adjustment prior to the effective date. If the Customer does not object to an adjustment in good time, the adjustment shall be deemed ac-cepted by the Customer.
9. Rights of access and withdrawal
9.1 The Customer shall be entitled to receive, at any time, free of charge and without hav-ing to give reasons, information regarding his/her data that are stored by Ecolog.
9.2 The Customer may, at any time, obtain restriction of access to, or rectification or erasure of, his/her data that have been provided to Ecolog, provided that no statutory or official regulations prevent this; in the latter case, Ecolog shall inform the Customer of any such statutory or official regulations.
9.3 The Customer may furthermore, at any time and without having to give reasons, with-draw consent he/she has given to the data collection and use. Such notice of with-drawal can be sent, using a withdrawal declaration that has been provided for this pur-pose or by means of another unambiguous declaration, to the contact address speci-fied in section 5.4. Further questions relating to the data protection notices and the processing of the Customer’s personal data may be sent to the contact points speci-fied in section 5.4 at any time.
10. Final provisions
10.1 The licence agreement, including these Terms and Conditions of Use, constitutes the entire agreement with respect to the contractual subject matter and supersedes all earlier written or oral agreements.
10.2 If a provision of the licence agreement, including these Terms and Conditions of Use, should be or become invalid or void, in whole or in part, this shall not affect the validity of the remaining provisions. In such case, the invalid or void provision shall be re-placed by a provision that most closely reflects what the parties would have agreed upon, in a manner permitted by law, based on the spirit and purpose of the original provision and the licence agreement, if they have been aware that the original provi-sion was invalid or void. The foregoing shall apply also to any provisions that the Par-ties may have unintentionally omitted from the licence agreement, including these Terms and Conditions of Use. If a provision of these Standard Terms and Conditions of Use should be invalid, this shall not affect the remaining provisions.
10.3 Amendments or supplements to a licence agreement must be executed in writing. The same shall apply also to a waiver of this written-form requirement.
10.4 All licence agreements and any disputes arising out of them shall be subject to the laws of the country of the User’s habitual place of residence. In all other respects, the law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.5 The European Commission operates an Online Dispute Resolution platform, which can be accessed via this link. Ecolog excludes this route as Ecolog is under no obligation to submit itself to this dispute resolution process.