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Subject matter of the contract

1. Airspring GmbH, Winterhuder Weg 29, 22085 Hamburg (“Operator”) provides you with the Airspring app free of charge for installation and use on your mobile devices. Further information about the Operator can be found in the Airspring app’s legal notice.
2. These General Terms and Conditions of Use (“General Terms and Conditions of Use”) apply between you as a user of the Airspring app and the operator of the Airspring app. Only the latter shall be your contractual partner. These General Terms and Conditions of Use shall become a binding contractual basis for the use of the Airspring app upon completion of your registration. You can view and save the text of these General Terms and Conditions of Use in the Airspring app in the “Information” section. The language version of the country you select during the registration process applies. In countries with multiple national languages, the operator may offer multiple language versions.
3. The General Terms and Conditions of Use also form a binding contractual basis upon completion of registration.

Requirements

2. In order to use the part of the Airspring app that requires registration, the following requirements must be met:
   
   

– You are a consumer and at least 13 years old.
– You operate your device in a country where the operator offers the Airspring app.

1. To use the Airspring app, it must be installed on an internet-enabled mobile device with a suitable operating system. The mobile device must be provided by you and connected to a Wi-Fi network with an appropriate internet router. Outside the range of the Wi-Fi network to which the device is connected, another data connection for the mobile device is required. Control via the Airspring app is not possible if the Wi-Fi connection is deactivated or outside a Wi-Fi network.
2. Any costs incurred for the data connection, including for downloading updates to the Airspring app or control software, as well as for content or the transfer of images and other media, are to be borne by you. The operator is not liable for the availability and/or quality of the data connection.

Registration

1. Use of the Airspring app beyond the open area requires the creation of an Airspring app user account (registration). The account is personal and non-transferable. Registration for the Airspring app user account usually requires at least your first and last name, your email address (user ID) and an individual password. Regional variations in the information requested are possible.
2. During registration, the Wi-Fi access data (SSID and password) is requested and transmitted directly to the device.
3. Before completing the registration process, the registration data you have entered will be displayed again. Here you have the opportunity to correct any input errors. Once you have registered for the Airspring app, you will receive an email confirming your successful registration and the activation of your user account. This email contains a link that you must click to confirm your registration. The user agreement comes into effect when the user account is activated.
4. Once you have created a user account for the Airspring app, you can also use it as a central user account to log in to other services offered by companies affiliated with the operator, depending on availability. The provider of these services will inform you of this separately when you register for these services.

Registration of the user account

1. You must keep your password secret and not disclose it to third parties. If you lose your password or suspect that third parties have gained access to your password, you are obliged to notify the operator immediately via the contact options specified in the Airspring app and to change your password. Use the “Change password” function in the Airspring app to change your password or create a new one.
2. Most of the functions and services of the Airspring app require you to log in to your user account. Once you have successfully logged in, you will remain logged in until you log out again. The exception to this is if you do not perform any actions in the Airspring app within 30 days of logging in. In this case, you will be automatically logged out for security reasons. You can log in again. Please note that if you do not log out of the Airspring app after using it, there is an increased risk that third parties who have access to your mobile device will use the Airspring app without authorisation. You are liable to the operator for any misuse by third parties. Exiting/closing the Airspring app does not affect the status of your user account login.
3. Without logging into your user account, you can only use the limited functions and content in the open area of the Airspring app.

Functions and services of the app

1. The Airspring app is used to install and operate Airspring devices for the independent extraction or filtration of drinking water.
2. The functions provided by the Airspring app depend on the respective device type and the country in which the device is operated. You can find out which specific functions are available in the Airspring app. If additional functions are provided for certain device types, additional special terms of use and data protection information may apply. If this is the case, we will make these available to you before you activate the respective function. The additional special terms of use must be accepted separately and then become part of this agreement. Both the additional special terms of use and supplementary data protection information are available in the Airspring app in the ‘Profile’ section.
3. In order to use the functions provided by the Airspring app, your user ID, information about your device and your control instructions are transmitted via a data connection to a server that coordinates the execution of your control instructions. Further information on data handling can be found in the privacy policy.
4. The full range of functions of the Airspring app is only available to you if you are logged into your Airspring user account.

Data-protected services

In order to offer certain services through the Airspring app, we use data collected in connection with the Airspring app. This allows us to [e.g. proactively remind you of necessary maintenance tasks based on the frequency of use of a device, which can extend the service life of your device, or reactively use the data to troubleshoot malfunctions]. A detailed description of these services and the data used in this context can be found in the Airspring app and in the privacy policy.

Notifications

1. You can choose whether you want to receive further notifications in the form of in-app/email notifications.
2. If you have set the slider for push notifications within the Airspring app to “on”, the Airspring app can inform you via push notification based on the user and device data stored in your user account and the transmitted data from your connected devices, as well as keep you up to date with new content in the Airspring app and tips on how to use your devices. We may also contact you via the Airspring app in connection with the aforementioned services and in the event of security notices and product recalls.
3. If you have given us your consent to receive advertising, we may also use in-app/email notifications to inform you about warranty extensions, accessories for your devices, services to improve device performance and maintenance, offers for consumables, new programmes, discount promotions, and information about partners and news.
4. To purchase paid products or services that are not directly related to the app [functions], please click on the link to the external provider displayed. You will be redirected to the third party’s offer, where you can purchase the relevant services.

Rights of use for the app and its content

1. The Airspring app and the services and content it contains are fully protected by copyright.
2. For the duration of this user agreement, you are granted a non-exclusive, non-sublicensable, non-transferable and revocable right to use the Airspring app and the services and content it contains free of charge, exclusively for the purposes agreed in these general and special terms of use and in accordance with these terms of use and applicable law. In particular, you may not copy, edit, revise, modify, decompile or convert the Airspring app, unless permitted by mandatory law.
3. In order to provide the Airspring Services, you grant the operator a non-exclusive, sublicensable, non-transferable, spatially unlimited right of use to the uploaded content.
4. The granting of rights is generally limited in time to the duration and in content to the fulfilment of the usage agreement.
5. The granting of rights to the images from the camera and other uploaded images also includes the right to use these images beyond the end of the usage agreement for the further development of product recognition algorithms. Even though your personal data is safe with us and we regularly ensure that images are anonymous before using them for training purposes, you should not disclose any personal details about yourself in the uploaded content.
6. In addition, when using the Airspring app, you are obliged to observe the rights of third parties at all times. You are responsible for all content you upload to the Airspring app. If you upload images depicting people, please obtain the consent of the persons depicted for publication within the Airspring app beforehand. The operator does not review the uploaded content. Nor does the operator adopt this content as its own.
7. You must therefore ensure that the content you upload does not violate any legal prohibitions or the rights of third parties (in particular name, personality, copyright, data protection and trademark rights). In particular, you undertake not to upload any content to the Airspring app that

1. is pornographic, glorifies violence, incites hatred, is harmful to minors or is otherwise offensive;
2. relates to political activities or depicts political symbols;
3. insults, defames, harasses, threatens or otherwise harms other users or other persons, or presents an aggressive or provocative attitude towards them;
4. are otherwise unlawful, immoral, obscene, vulgar, disruptive to the privacy of others, defamatory or offensive, or contain untrue factual claims or abusive criticism;
5. contain software viruses or similar malicious code or, due to their nature, size or reproduction (e.g. spamming), are likely to restrict or endanger the existence or operation of the Airspring app (or parts thereof);
6. are manipulated for the purpose of concealing their origin;
7. contain advertising for the purchase or sale of products or the use or provision of services or commercial websites/blogs/etc.; or
8. contain links or other connections to content that is prohibited according to the above criteria and/or encourage violations of the above prohibitions.

8. If you have any complaints about content uploaded by other users, please contact us using the contact details provided in the Airspring app’s legal notice. The operator reserves the right to delete uploaded content, in particular if it violates the provisions of this user agreement or the law. If the operator suffers damage as a result of such content uploaded by you through your own fault, you shall indemnify the operator against any resulting damage.

Availability of functions and services

The operator shall make reasonable efforts to provide all functionalities and services of the Airspring app as well as integration and coupling with third-party services. However, technical difficulties may arise that lead to a temporary interruption in availability. You cannot derive any claims against the operator from an interruption in availability.

Software updates

1. The full functionality and operational reliability of the Airspring app in connection with your devices can only be ensured if the updates provided for the Airspring app are installed promptly. An update of the Airspring app may require you to update the operating system of your mobile device in order to continue using the Airspring app. Updates serve, for example, to improve existing functionalities, correct errors or add further functions or content.
2. The operator is not liable for errors in the Airspring app and damage that is solely attributable to your failure to download and/or install the provided updates to the app within a reasonable period of time or in full, provided that the operator has informed you of the availability of the update and the consequences of failing to install it, and the failure to install or improper installation of the update is not due to faulty installation instructions provided to you. You should therefore download and install the updates provided without delay.

Relocation / Resale / Use by third parties

1. If you move your device to a country other than the one in which it was originally put into operation, you are obliged to change the country setting in your user account accordingly. Please note that the use of the Airspring app in another country may be subject to different terms of use and a different privacy policy. The use of the Airspring app in conjunction with a device that is not approved for use in the respective country is not permitted.
2. If you sell or permanently transfer your mobile device to a third party, please log out of your user account beforehand and delete the Airspring app. In this case, it will no longer be possible to assign the mobile device to your user ID or device. In this case, the link between the device and your user account will be deleted. If the purchaser of the device wishes to use it, please ask them to contact the operator.
3. If, contrary to the provisions of the General Terms and Conditions of Use, you allow third parties to use your Airspring app via the mobile device on which the Airspring app is installed, you are responsible for ensuring that the Airspring app is used in accordance with these Terms and Conditions of Use and applicable laws.

Liability

1. The operator shall be liable to you without limitation for all damages caused by the operator and its legal representatives and vicarious agents in cases of intent, gross negligence and fraudulently concealed defects.
2. In the event of slight negligence, the operator shall be liable to you without limitation in the event of injury to life, limb or health.
3. Otherwise, the operator shall only be liable to you if it has breached an essential contractual obligation, i.e. an obligation whose fulfilment is essential for the proper execution of this contract and on whose fulfilment you as a contractual partner regularly rely and may rely. In such cases, liability shall be limited to compensation for foreseeable, typically occurring damage. The operator’s no-fault liability for damages (§ 536a BGB) for defects existing at the time of conclusion of the contract shall not apply in accordance with § 578b (1) No. 1 BGB.
4. The operator’s liability under the provisions of the Product Liability Act remains unaffected by the above provisions.

Changes to the functionalities of the Airspring app

1. The operator reserves the right to make changes to the Airspring app that go beyond what is necessary to maintain the contractual conformity of the Airspring app. This may be the case, for example, if

1. it is necessary to adapt to new technologies or product or data security;
2. certain functionalities of the Airspring App are no longer requested or used by a sufficiently large number of customers;
3. misuse or damage is to be prevented; or
4. these functionalities can no longer be offered at an economically reasonable cost. The same applies to changes resulting from external circumstances.

1. If a change has a negative impact on your use of the Airspring app, we will inform you of this in advance within a reasonable period of time (in particular regarding the characteristics and timing of the change). An exception is made in urgent cases where the changes serve to prevent misuse or damage, to respond to legal requirements or to ensure the security and functionality of the Airspring app.
2. If the change significantly impairs your access to the Airspring app or its usability for you, you may terminate the user agreement for the Airspring app at any time free of charge.

Changes to the Terms of Use

1. The operator is entitled to make changes to the general terms of use for other services provided by the operator in the future under the following conditions.
2. We will generally notify you of changes to the respective terms of use that affect the contractual relationship via the Airspring app and/or by email at least six weeks before the change takes effect. The notification will also contain information about your right to reject the changes and the consequences thereof. If you do not object to the change within the period specified in the notification [usually six weeks], this shall be deemed to constitute your consent to the change. We will point this out separately in the notification.
3. The deemed consent does not apply to a change that affects a main service of the user agreement if this would result in an unfavourable imbalance between performance and consideration at your expense.
4. In the event of an objection, the user agreement will continue under the previous terms and conditions. However, the operator is entitled to terminate your user agreement at the time the change takes effect and to block your user account.
5. Editorial changes to these Terms of Use, i.e. changes that do not affect the contractual relationship, such as the correction of typing errors, will be made without notification.

Term and termination of the user agreement

1. The user agreement is valid for an indefinite period.
2. You may terminate the user agreement at any time.
3. The operator is entitled to terminate the user agreement with you with six weeks’ notice or less if the operator decides to discontinue operation of the Airspring app. Otherwise, the right of both parties to terminate the agreement for good cause remains unaffected. Good cause shall be deemed to exist for the operator in particular if you violate essential obligations of these Terms of Use.

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