1.Information Obligations in Electronic Business Transactions
The app is published and distributed by
64297 Darmstadt (hereinafter "FLEXOPTIX")
For more detailed information, see the imprint at https://www.flexoptix.net/en/legal/imprint/
2.Definition of Terms
2.1App: is the software application, which offers services and functionality in accordance to sect. 4.2;
2.2User: is the person logging into the app;
2.3Customer: is the company in whose name goods and services are ordered;
2.4Partner: is a partner of FLEXOPTIX, through which FLEXOPTIX goods and services can be ordered.
3.Scope of Application
3.1Only adults who are legally capable without limitation, and deemed companies within the meaning of § 14 German Civil Code as well as public clients (such as universities and municipalities) may use this app.
3.2In addition to the following conditions, the General Terms and Conditions (https://www.flexoptix.net/en/legal/gtc/) of FLEXOPTIX shall apply. Deviating general terms and conditions of the customers are hereby objected to.
3.3In further addition, the General Terms and Conditions of the respective app store apply. FLEXOPTIX has no influence on the availability of the app inside any app store.
4.1Subject of this license agreement are provision (sect. 5) and usage of the app. Usage of the app implies acquisition of compatible hardware (hereinafter FLEXBOX), which can be obtained either directly through FLEXOPTIX or through one of the partners. There is no entitlement to usage of this app.
4.2The following services available in the app are free of charge for hardware purchased at FLEXOPTIX:
Function: Available and free of charge inside the electron desktop app / Android app*
|Electron Desktop App||Android App*|
|Power Meter & Source||Yes||Yes|
*Functionality of the app on a smartphone depends on the utilized device. For details see the app description in the respective app store.
4.3For the configuration of third party transceivers (transceivers, which have not been obtained through FLEXOPTIX or one of its partners, and do not have a serial number distributed by FLEXOPTIX) it is necessary to purchase the 3rd Party Feature and 3rd Party Credits. Currently the functionality of '3rd Party Transceiver' may be impaired or non-existent. Information on possible prerequisites, technical limitations and costs can be requested by e-mail at email@example.com. A fee in 3rd Party Credits is charged for each configuration of third party transceivers in accordance to FLEXOPTIX' current price lists. Successful configuration and proper functionality of any third-party transceiver lies outside FLEXOPTIX sphere of influence.
4.4Entitlement to usage of the services provided by the app is limited by the technical and operational possibilities of FLEXOPTIX. A functional and consistent internet connection is mandatorily required. FLEXOPTIX tries to provide interruption-free usability of its services. However, technical impediments (e.g. power outages, hard- or software malfunctions, technical issues within data lines) may cause temporary limitations or interruptions.
4.5The customer is allowed to use the app for their own business processes. The app may neither be loaned nor offered for rent.
4.6Downloading content ('download') from the app is only allowed, if there is an explicit option for downloads (e.g. through download buttons or 'export') given by the app.
5.Downloading and signing in to the app
5.1FLEXOPTIX provides the app for download at https://www.flexoptix.net/en/flexoptix-app/ as well as for limited download in app stores.
5.2Receipt of a FLEXBOX enables unambiguous correlation of customer and FLEXBOX through its unique FLEXBOX ID. The mentioned FLEXBOX ID is your key to using the app.
6.Obligations of the User, Legally Valid Authorization, Prohibited Activities
6.1If any changes to the provided data occur during the term of this contract, the user must correct the information by e-mail without delay (firstname.lastname@example.org)
6.3The user must ensure, subject to his own responsibility, that access to the app and usage of the app's features only occur through them or persons authorized to do so. If it is suspected that unauthorized third parties may have, or could gain knowledge of his login credentials, he must inform FLEXOPTIX without delay.
6.4The user and customer respectively are prohibited to take any action suitable to disturb the smooth operation of the app, especially by generating extraordinary loads on FLEXOPTIX' systems. In detail, it is prohibited to attempt reverse engineering or to reconfigure the same transceiver several times within a short period of time.
6.5Should the customer gain knowledge of usage considered illegal, abusive or otherwise contrary to contract, he must inform FLEXOPTIX immediately by e-mail (email@example.com). FLEXOPTIX will investigate the matter, and if applicable, take appropriate actions.
6.6In case of reasonable suspicion regarding unlawful or punishable activities, FLEXOPTIX has the right or possibly the obligation, to investigate the user's or customer's actions, and where applicable take legal measure. This may include forwarding information on the case to the responsible district attorney
7.Reservation of the Right to Make Changes
7.1FLEXOPTIX reserves the right to change the services offered free of charge in the app or to offer different services, except if this is not reasonable for the user or customer.
7.2FLEXOPTIX further reserves the right to change the services offered in the app or offering deviating services,
- as far as FLEXOPTIX is obligated to make the offered services correspond to applicable law, in particular if the applicable law changes;
- as far as FLEXOPTIX meets a court ruling or authority decision targeted against it;
- where the respective change is necessary to close existing security vulnerabilities;
- if the change is only beneficial for the user or customer; or
- if the change is purely technical or procedural in nature, without any essential effects for the user or customer.
7.3Changes that only have an inessential influence on the functionality of the app shall not be deemed changes within the meaning of the above items. This shall specifically apply to changes of a purely graphic nature and the mere changes to the arrangement of functions.
7.4FLEXOPTIX reserves the right to change these terms at any time without stating reasons, except if it is not reasonable for the user or customer. FLEXOPTIX will inform the user about any changes to the terms in time. If the user does not consent to the new terms, further use of the app is excluded. FLEXOPTIX will inform the user of the consequences of refusal in the notice.
7.5FLEXOPTIX further reserves the right to change these terms,
- if the change is only beneficial for the user or customer;
- if the change is purely technical or procedural in nature, except if there are any essential effects for the user or customer.
- as far as FLEXOPTIX is obligated to make the terms correspond to applicable law, in particular if the applicable law changes;
- as far as FLEXOPTIX meets a court ruling or authority decision targeted against it; or
- as far as FLEXOPTIX introduces any additional, entirely new services, offers or service elements that require a service description in these terms, except if the previous contractual relationship is affect adversely by this.
7.7The right to termination according to item 9. shall not be affected.
The usage of the app is generally free of charge, except sect. 4.3.
9.Duration of the Contract, Termination, Erasure of Data
9.1The contract shall commence on the day of initial login to the app.
9.2The contract shall be concluded for an indeterminate period of time. It may be terminated at any time with a period of notice of one (1) working day.
9.3This shall not affect extraordinary termination for cause by either party. Cause for extraordinary termination shall be present if continuation of the contract relationship until the end of the contractual period of notice is not reasonable for the terminating party under consideration of all circumstances of the individual case and under consideration of the interests of both parties.
9.4Termination towards FLEXOPTIX shall be stated in text form.
9.5Upon entering into effect of the termination, the contractual relationship and access to the app will be blocked.
9.6FLEXOPTIX will delete or anonymize any personal data generated in the scope of use irretrievably at the end of 30 days after the effective termination date and after the end of any statutory archiving periods.
10.Blocking Accesses, Retention Rights of FLEXOPTIX
10.1FLEXOPTIX has the right to temporarily or permanently block access to the app, if there are any specific indications that the user violates these conditions and/or applicable law or if FLEXOPTIX has any other legitimate interest in doing so. FLEXOPTIX will consider the legitimate interests of the user appropriately in its decision.
10.2In case of temporary or permanent ban, FLEXOPTIX shall deactivate the customer account and inform the user about this by email.
11.Warranty and Liability
11.1FLEXOPTIX shall only be liable for the services provided free of charge, if the user or customer incurs any damage due to the contractual use of the free contents and/or services, and only in case of intent (including malice) and gross negligence of FLEXOPTIX.
11.2Apart from this, the warranty and liability shall be according to the legal provisions.
13.Notes Concerning External Trademark Rights
All brands, registered trademarks, utility models, personal rights or similar rights cited are the sole property of their respective company and are used solely to assist in the identification of products.
14.Applicable Law, Choice of Jurisdiction, Contractual Language
14.1Any legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, under exclusion of the laws on international purchase of movable goods. For consumers, this choice of law shall only apply as far as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his common place of residence.
14.2If the customer is an entrepreneur, legal entity of public law or public-law special fund, the exclusive place of jurisdiction for any disputes from this contract shall be the place of business of FLEXOPTIX. This shall apply accordingly if the customer has no general place of jurisdiction in Germany or the EU or if the place of residence or common place of abode is not known at the time the claim is raised. The right to call on a court in any other statutory place of jurisdiction shall not be affected by this.
14.3The contractual languages available are German and English.