Rödl Invoice App Terms of Service

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1 Scope

1.1 Any and all use of the application (in the following “app”) offered by Rödl & Partner GmbH (in the following “Rödl & Partner”) is permitted exclusively in accordance with the present terms and conditions. In individual instances, these General Terms of Service may be supplemented, modified or replaced by other terms and conditions. By commencing use, the validity of the present Terms of Service in their respectively valid version is accepted.
 

1.2 If the app is aimed at business enterprises, the respective business enterprise shall be represented by the user and the actions and knowledge of the user shall be attributable to the business enterprise.


2 Services

2.1 Rödl & Partner provides functions of the invoice approval workflow in the app as well as related information and documentation (such as histories) as already known in Rödl Invoice.
 

2.2 Rödl & Partner is entitled to discontinue the operation of the app in whole or in part at any time. Rödl & Partner does not guarantee the uninterrupted availability of the app.


3 Registration, password

3.1 Usage of the app requires a username and password. Currently, it is not planned for users to register via the app or to create a user account. currently based on other services provided by Rödl & Partner (e.g. Rödl Invoice) and is identical to these, unless expressly stated otherwise.
 

3.2 Using the app requires a user right within your existing user account. It’s possible that you will not be able to sign in into the app although you have an active Rödl Invoice user account.
 

3.3 For questions or problems regarding the usage of your user account or signing into the app, please contact the customer support.

 

4 Rights to use functions, information and documentation

4.1 usage of the information and documentation provided within the app are subject to the separately agreed upon contractual terms between both parties.
 

4.2 Rödl & Partner grants the user a non-exclusive and non-transferrable right to use the information, software and documentation made available in the app to the extent that has been agreed, or if nothing was agreed, in a manner that corresponds to the purpose pursued by Rödl & Partner in the act of providing and making available.
 

4.3 In accordance with your or their role as either a client of Rödl & Partner or authorized user, whichever is applicable, you acknowledge and agree that:
 

  • the client of Rödl & Partner determines who is an authorized user and what level of access to the relevant organization and services the authorized user has; 
  • the client of Rödl & Partner is responsible for all authorized users' use of the app offered by Rödl & Partner;
  • the client of Rödl & Partner controls each authorized users' level of access to the relevant organization and service at all time and can revoke or change an authorized user's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an authorized user or shall have that different level of access; and 
  • In the event of any dispute between a client of Rödl & Partner and an authorized user regarding the access to any organization or service, the subscriber shall decide what access or level of access to the relevant data or service that authorized user shall have, if any.

 

5 Intellectual property

5.1 Notwithstanding the special provisions of Article 4 of these present Terms of Service, the information, brand names and other contents of the app may not be modified, copied, duplicated, sold, leased, used, supplemented or otherwise utilized without  prior written consent of Rödl & Partner.
 

5.2 Apart from the usage rights or other rights granted expressly to the user in these Terms of Service, no further rights of any kind, particularly not rights to the company name and industrial property rights such as patents, registered designs or trademarks are granted to the user, nor is Rödl & Partner obligated to grant any such rights.
 

5.3 To the extent that the user provides ideas and suggestions in the app, Rödl & Partner shall be entitled to use these free of charge for the purposes of developing, improving and selling products from its portfolio.


6 Obligations of the user

6.1 When using the app, the user may not
 

  • infringe morality with his or her usage behaviour;
  • infringe industrial property rights, copyrights, personal, property and other third party rights;
  • transmit contents containing viruses, so-called Trojan horses or other programs which can damage software;
  • enter, store or send hyperlinks or contents without authorization to do so, particularly when these hyperlinks or contents violate confidentiality obligations or are unlawful; or
  • distribute advertisement or unsolicited emails (so-called “spam”) or false warnings of viruses, malfunctions or the like, or invite people to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes or comparable actions.
     

6.2 Rödl & Partner is entitled to block access to the app at any time, particularly if the user will have violated his obligations under the present Terms of Service.


7 Hyperlinks

The app may contain hyperlinks to third-party websites. Rödl & Partner assumes no responsibility for the content of these websites and does not espouse these websites or their contents, because Rödl & Partner does not control the linked information and is therefore also not responsible for the contents and information made available there. The user uses such websites at his own risk.


8 Liability, viruses

8.1 Any liability of Rödl & Partner, particularly for but not limited to consequential damages, is excluded, unless liability is compulsory by reason of, for example, the German Product Liability Act, or due to deliberate intent, gross negligence, or injury to life, body or health, or the assumption of a guarantee of quality, or fraudulent concealment of a defect, or violation of material contractual obligations. However, damages for the violation of material contractual obligations are limited to contractually typical, foreseeable and verifyable damages, except in cases of deliberate intent or gross negligence.
 

8.2 Although Rödl & Partner always strives to keep the app free of viruses, Rödl & Partner does not guarantee the absence of viruses. Before downloading, the user shall take appropriate security precautions for himself as well as the security of the app.
 

8.3 The foregoing provisions of Articles 8.1 and 8.2 do not entail a shift in the burden of proof to the disadvantage of the user.


9 Data protection

Rödl & Partner collects personal data via the app. Their scope, purpose and further information can be found in the Privacy Policy of the app.

 

10 Side agreements, jurisdiction and venue, applicable law

10.1 Side agreements require written form. This also applies for the revocation of the requirement of the written form.
 

10.2 The courts of Nürnberg have exclusive jurisdiction and venue. Rödl & Partner reserves the right to sue the other party at their place of registered office.
 
10.3 The app is operated by and is the responsibility of Rödl & Partner. The app is geared to meet the requirements of the respective country in which the responsible country is domiciled (Germany). Rödl & Partner assumes no responsibility that provided functions and informations of the app may also be used in places outside of the respective country or contained information may be retrieved. If users access the app from places that do not lie within the respective country, they are themselves exclusively responsible for complying with the applicable legal regulations of the respective country. Access and use of the app from countries in which such access is unlawful is not permitted.
 

10.4 German law applies, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
 

10.5 These Terms of Service exist in German and English language. In the event of a discrepancy, the German version shall prevail.
 

10.6 If any provision of these terms is found to be unenforceable or invalid, or if there is any logical gap in these Terms of Service, the parties agree that the remaining provisions remain in full force, effect and enforceable. In this case, the parties agree, in accordance with the principle of good faith, to replace the invalid provision with an effective provision which is as close as possible to the meaning and purpose of the invalid provision and which the parties would be assumed to have agreed upon at the time of the conclusion of the contract if they had known or foreseen the invalidity or nullity. The same applies if these Terms of Service contain a gap. The failure of either part to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
 

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