General Terms and Conditions

of Use of the Database and Software

SKYFLD® of HELM AG ("provider")

 

§ 3 Availability
The provider provides the user with online access to the database 24 hours a day, 7 days a week. Within these operating hours, the provider guarantees an average availability of the database of 95%. Point of transfer is the router output of the data center of the provider.
 
§ 4 Updating the database and software; changes; memory capacity
(1) The provider will update the database on the basis of the sources listed under the heading "database", in particular satellite-based multispectral data.
(2) If and to the extent that the provision of a new version or change is accompanied by a change in the functionality of the database, related software, the user's software-supported workflows and / or limitations on the usability of previously generated data or suspension of applications, the provider shall notify the customer in writing at the latest four weeks before such a change takes effect. If a major feature is discontinued or significantly upgraded without replacement, the provider will re-calculate the price of the remaining software feature. If the user does not object to the change in writing within a period of two weeks from receipt of the change notification, the change becomes part of the contract. The provider will alert the user in any announcement of changes to the aforementioned deadline and the legal consequences if the customer does not object.
(3) From the first time the database is used by the user for the application data of the user, the provider keeps available memory capacity in the size necessary for the purpose of the database.
(4) The customer's application data is regularly backed up on the server, at least once a calendar day. The customer is responsible for compliance with commercial and tax retention periods.
 
§ 5 Registration
(1) The use of the database requires a registration. The user is obliged to communicate the data requested during registration correctly and completely.
(2) By registering, the user agrees to these terms and conditions. Registration alone does not entail any financial obligations for the user. He can delete his entry at any time under "my account" if he has not subscribed to individual applications.
(3) After registration and setting of a user name and a password, the user has to verify his provided e-mail address. The user has to keep his user name and the password protected from access by third parties at all times.
(4) If incorrect password entries are registered three times in succession, the access to the portal will blocked.
 
§ 6 Conclusion of Contract
(1) The presentation of the individual applications on the web portal does not constitute a legally binding offer, but an invitation to order.
(2) By clicking on the "Send order" button in the last step of the ordering process, the user makes a binding offer to book the single order. Immediately after sending the order, the user receives an order confirmation. This order confirmation is the acceptance of the offer by the provider. The contract of use in this case consists of the order confirmation corresponding to the user's order as well as these general terms and conditions.
(3) The user can select individual applications on the web portal by placing them in a shopping cart by clicking on the corresponding button. If he wants to complete the order, the user clicks to the shopping cart, where he is guided through the further ordering process. After selecting the item in the shopping cart and entering all the required order and address data in the next step, pressing the "Next" button will open a page in which the essential article details, including any costs incurred, are summarized again. At this stage the user can correct his entries or refrain from concluding the contract. Only by clicking on the button "Order now" a binding offer within the meaning of section 2 is made.
(4) The language relevant for the conclusion of the contract is exclusively German. Translations into other languages are for the user’s information only. In case of discrepancies between the German text and the translation the German text takes priority.
 
§ 7 Correction note
As part of the ordering process, the user first places the desired individual applications in the shopping cart. There, he can always remove the selected individual applications in whole or in part. If the user has stored individual applications there, by clicking on the "Next" button, he first reaches a page where he can enter his data and then select the shipping and payment method. He can correct his input errors (e.g. with regard to payment method, data or the desired number of pieces) by clicking on "Change” or “Change address” in the respective field. If the user wants to completely cancel the ordering process, he can also simply close his browser window. Otherwise, after clicking on the confirmation button "Send order” the declaration is binding within the meaning of § 6 section 2 of these terms and conditions.
 
§ 8 Saving the contract
The contract terms with details of the ordered individual applications including these terms and conditions are sent to the user by e-mail with acceptance of the contract offer or with the notification thereof. The contract terms are not saved by the provider.
 
§ 9 Technical Requirements
(1) The user requires for registration and use a terminal with a suitable operating system (Windows, iOS, Linux), an up-to-date version of a web browser and an Internet connection to allow undisturbed access to the database and a download of the content. The user is obliged to procure and maintain the hardware and connections to public telecommunication networks required by him.
(2) The user is responsible for the costs of setting up the online connection as well as for maintenance costs on the user side. The provider is not liable for the security and continuity of the data communication, which are conducted via third-party communication networks. The provider is also not liable for disruptions in data transmission, which are caused by technical errors or configuration problems on the user side.
(3) The user is responsible for the hardware and software used by him as well as for the communication channels used by him. A failure of the hardware and software used by him does not release him from the obligation to pay the agreed basic fee.
(4) The usability of the functions of the database as well as the required control of compliance with permitted usage limits require that the user's terminals accept the cookies transmitted by the provider's system and that they are not modified and, if possible, not deleted during the session. The user undertakes to ensure compliance with the above requirements (in particular through appropriate settings in his browser). If the user does not comply with this duty for reasons for which he is responsible, the provider is not responsible for any resulting functional restrictions. If, due to the breach of duty, the control of compliance with the limits of use is impaired, the provider may request the user to rectify the problem by setting a reasonable deadline and, after fruitless deadline, block the user's access until remedial action has been taken. Furthermore, the provider can terminate the contract of use after fruitless expiry of another reasonable period.
 
§ 10 Right of use, copyright, copy protection
(1) Unless otherwise stated, the database and the individual contents are protected by copyright. The user is obliged to observe the existing copyrights and undertakes not to violate them. The user may only retrieve, store and use the content for his own use, namely for the areas of his own farm for corresponding queries. As a standard, the limits of § 53 UrhG apply. The retrieved information may only be used by the user or companies in which the user has a minimum participation of 50%.
(2) The user is not authorized to modify contents, to duplicate them for third parties, to sell, make available to third parties or otherwise make commercial use the contents. Copyright notices and trademarks may not be changed or deleted.
(3) The provider reserves the right to randomly check the plausibility of these queries and to terminate the access of the user in case of violations. The provider is entitled to install technical measures to prevent an application beyond the permissible extent, especially to install access barriers. The user may not use measures, products or other means to bypass or overcome the technical tools of the provider. In particular, he may not use web crawlers, spider programs, metasearch engines, or similar technologies to automated retrieve content from the database. In case of improper use, the provider is entitled to block access to the database immediately. Further rights and claims of the provider, in particular the right to termination for cause or damage claims remain unaffected.
(4) The provider is entitled to include an encoding in all contents for download in order to prevent unauthorized use. The user is not authorized to remove these codes. The provider is entitled to develop the encoding technology according to state of the art and in the scope of legal permissibility.
 
§ 11 Remuneration and Terms of Payment
(1) Registration for the use of the database on the web portal is free.
(2) The user can purchase a license for the provided applications via the portal at the price indicated there. The use of the portal's (biomass) base applications is free for a period of two weeks.
(3) The license fee is due immediately after booking the order. Payment can be made by the then available payment methods. The provider does not store data related to payments methods or bank details. Any payment-related concerns must be clarified directly with the payment service provider used.
 
§ 12 Collection of user data, database of the user
(1) The provider is entitled to collect data on the following performance-relevant processes: type of use, transmission content, transmission duration, personal data for the identification of the user. According to these laws, the provider may in particular use personal data, as far as this is necessary for establishing the contract and forming it (contract base data), or for fulfillment of the services or billing (usage data). Contract base data are the full name of the user, his date of birth, his full address. Usage data are the characteristics for identifying the user, details of the beginning and end as well as the extent of the respective use and information about the individual applications used by the user.
(2) The provider will collect and exploit this data in accordance with data protection principles.
(3) The user gives his consent to the provider to also use his contract base data and usage data for advertising, consulting and market research and for designing the database as tailored to suit the market need. The user can revoke his respective consent at any time in relation to Helm AG Nordkanalstrasse 28, 20097 Hamburg, Germany or in his user profile. 
 
§ 13 Warranty and Liability
(1) The provider remedies technical deficiencies of the database system within a reasonable period. The responsibility of the provider extends only to the transfer point of the systems operated by him to the internet, but not to the systems of the user and data transmission lines beyond the transfer point.
(2) The provider uses the care in line with industry standard for the selection and maintenance of the contents of the database. The completeness, accuracy of the content and the content being up-to-date cannot be guaranteed.
(3) The provider is not liable for damages of any kind, which arise by circumventing the password protection and similar protection by way of "hacking" the server used by the user or the database of the user. The provider and the user are mutually informed that a binding assurance of the security of these protective devices is not possible due to the manifold possibilities of unauthorized third parties’ interferences in and via the internet.
(4) The provider is otherwise liable for intent and gross negligence without limitation. For simple negligence, however, only in case of breach of essential contractual obligations which violation would jeopardize the objectives intended by the contract or in the event of injury to life, limb or health. The provider is liable for simple negligent breach of an essential contractual obligation to the extent of the typically foreseeable damage at the most.
 
§ 14 Term of the contract

(1) The contract is concluded by acceptance of these Terms of Use by clicking during the first registration and initially has a term of two weeks for the trial period.
(2) After two weeks, the contract ends, unless the user orders the license for a single application. This has a term of one year, unless the product description indicates a different duration.
(3) The right of each party to terminate the contract for good cause remains unaffected.
(4) At the end of the contract period with regard to the individual application, the user will continue to have access to the data created with the respective individual application. However, the user is required to perform a backup before the end of the contract.
 
§ 15 Applicable law
The contract is exclusively subject to German law, excluding the UN Convention on International Sale of Goods (CISG) and any provisions of the German law on conflicts of law that would come to the application of a foreign law.
 
§ 16 Agreement on Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is before the courts competent for the registered office of the provider in Hamburg.

§ 17 Final Provisions
(1) Amendments to these Terms of Use or declarations under these Terms of Use to the other party require a written declaration or an e-mail.
(2) Should any provision of these Terms of Use be wholly or partially invalid, the legal validity of the remaining provisions shall remain unaffected.
 
As of: February 2020