Terms of use

1. Main features of the App

Kappa offers the possibility to download and install Kappa Scopic^®  App (the “App”) on a mobile device and/or computer via Apple App Store, Google Play Store and Microsoft Store. Through the App the client can retrieve the current status, operate and monitor and optimise the operation and maintenance of certain Kappa products.

 

2. Price

2.1 The App is available for free download.

2.2 In connection with the use of the App, costs of data transfer charged by the network operator may be incurred, which must be borne by the customer.

 

3. Term and termination

3.1 The agreement is entered into for an indefinite period.

3.2 The customer has the right to terminate the agreement at any time without notice to the end of a month.

3.3 Kappa has the right to terminate the agreement by giving one month’s notice to the end of the month. Kappa is furthermore entitled to terminate the agreement for good cause with immediate effect. A breach of the terms and conditions of use shall be deemed to be a serious ground for termination.

 

4. Terms of delivery and service

The App can be downloaded from Apple App Store, Google Play Store and Microsoft Store. The App will be delivered immediately.

 

5. Loss of the right of withdrawal according to § 18 FAGG

If the performance of a service is started at the customer’s request before the expiry of the 14-day withdrawal period under § 11 FAGG, the customer will lose their right of withdrawal provided that duly notice has been given of the consequences of the start of the performance.

The customer hereby acknowledges and explicitly agrees that the first use of the App means that Kappa’s services will be performed before the end of the withdrawal period according to § 11 FAGG and that this implies that the customer will not be entitled to withdraw according to § 18 FAGG.

 

6. Final provision

The information contained in this information sheet is an integral part of the contractual relationship via the Kappa App. Amendment are only effective if they have been expressly agreed by the parties to the agreement.

Kappa offers the possibility to download and install Kappa Scopic^®  App (the “App”) on a mobile device or computer via Apple App Store, Google Play Store and Microsoft Store.

 

1. Functional description of the App

Through the App the client can retrieve the current status, operate and monitor and optimise the operation and maintenance of certain Kappa products.

 

2. User requirements and availability of the App

2.1 Kappa points out to the customer that restrictions and impairments of the services provided may occur which are beyond Kappa’s control. This includes in particular actions of third parties not acting on behalf of Kappa, internet-related technical conditions that Kappa does not have an influence on as well as force majeure. The hardware and software used by the customer as well as their technical infrastructure can also have an influence on the services provided by Kappa.

2.2 The memory and data processing space required for the use of the App is provided by Kappa (see point 8.5).

2.3 The minimum technical requirements for the customer’s hardware and software required to use the App are set out in the respective App Store terms and conditions. Kappa shall not be responsible for the App being compatible with the hardware and software used by the customer.

 

3. Use of the App

3.1 The App can be used only after it has been successfully installed on the mobile device or computer and acceptance of the terms of use. This is expressly confirmed by the customer by clicking on the checkbox “I agree to the terms of use”.

3.2 Registration by the customer is required to use the App. As a registered user, the customer can log into the customer account with their e-mail address and the password that they chose during registration.

3.3 Unless more specific provisions are made in these terms of use, the permitted use of the App is subject to the terms and conditions of the App Store used

 

4. Price

4.1 Download of the App is free of charge for the customer.

4.2 In connection with the use of the App, costs of data transfer charged by the network operator may be incurred, which must be borne by the customer.

 

5. Contents and rights related to the App, machine data

5.1 Kappa grants the customer the simple, non-exclusive, non-transferable and non-sublicensable right, limited to the duration of the user relationship, to use the App in its current version including updates and other components in accordance with these terms of use.

5.2 The customer may not modify, copy, disassemble, reassemble, publish, reconstruct or reproduce the App. The customer is only allowed to use the App for their own purposes (commercial or business purposes are excluded). Third parties may not use the App.

5.3 The customer is solely responsible for the lawfulness and correctness of the data, documents and other media entered by them into the App and will indemnify and hold Kappa harmless with regard to claims of third parties resulting from the entry of these data, documents or other media by the customer into the App.

5.4 Kappa does not have any duty of care, protection or warning with regard to the content entered into the App by the customer. In any case Kappa is not required to check the contents entered by the customer within the framework of the App for legal compliance.

5.5. The customer agrees that the machine and process data processed in the App may be used by Kappa to optimise its services and improve its products.

 

6. Loss of the right of withdrawal according to § 18 FAGG

By installing the App on the customer’s mobile device or computer, the App is ready for use after acceptance of the terms of use. If the performance of a service is started at the customer’s request before the expiry of the 14-day withdrawal period under § 11 FAGG, the customer will lose their right of withdrawal provided that duly notice has been given of the consequences of the start of the performance.

The customer hereby acknowledges and explicitly agrees that the first use of the App means that Kappa’s services will be performed before the end of the withdrawal period according to § 11 FAGG and that this implies that the customer will not be entitled to withdraw according to § 18 FAGG.

 

7. Support

Kappa offers support for the App at the contacts mentioned in the “Support” menu item. Starting in October 2020, telephone support will be provided by telephone (+43 (0) 7252-220-500) and written support by e-mail (office@kappa-fs.com). The support can be contacted directly in the “Support” menu item in the App.

 

8. Warranty and liability

8.1. Kappa points out that it is not possible to create or operate an App completely free of errors according to the state of the art.

8.2 Any warranty is excluded for malfunctions, disturbances or damages that are due to improper operation, improper use, unsuitable hardware and data carriers, system-related software components (e.g. operating systems and operating system parts, databases, server software, drivers, etc.), viruses of any kind or unsuitable operating and transport conditions of the customer’s device.

8.3 Kappa is not liable for or guarantees the correctness of the data entered by the customer in the App.

8.4 Kappa warrants the transfer of data from the customer’s Kappa products to the App only if and to the extent that (i) Kappa products are supported by the App and (ii) the customer ensures undisturbed connectivity of the data communication lines.

8.5 The server infrastructure used by the customer for the operation of the App is operated by Kappa.

 8.6 Kappa is only liable for damages that it has caused intentionally or as a result of gross negligence. Kappa shall not be liable for slight negligence (“leichte Fahrlässigkeit”) or simple gross negligence (“schlicht grobe Fahrlässigkeit”). The application of § 1298 of the Austrian Civil Code (ABGB) (reverse burden of proof) is excluded by mutual agreement of the parties. The customer has to prove Kappa’s liability (for gross negligence or intent).

8.7 The limitations of liability set out in clause 8.6 do not apply to damages resulting from harm to life, body or health of persons or in the event that mandatory legal regulations and essential contractual obligations provide otherwise.

8.8 Kappa is not liable for loss of profit, loss of savings, damages from operational disturbances or other indirect and/or consequential damages in connection with the App. Kappa is not liable for the loss of data stocks.

 

9. Links

The App may contain links to third-party websites or other apps. Kappa does not control nor is responsible for said websites or apps. Kappa assumes no liability for linked contents and external offers.

 

10. Term and termination

10.1 The agreement is entered into for an indefinite period.

10.2 The customer has the right to terminate the agreement at any time without notice to the end of a month.

10.3 Kappa has the right to terminate the agreement by giving one month’s notice to the end of the month. Kappa is furthermore entitled to terminate the agreement for good cause with immediate effect. A breach of the terms and conditions of use shall be deemed to be a serious ground for termination.

 

11. Data protection

11.1 Kappa shall comply with the provisions of the Austrian Data Protection Act (DSG), the General Data Protection Regulation (GDPR) and any other legal obligations to maintain data confidentiality.

11.2 Kappa processes the personal data required for the purpose of performing the agreement. The detailed data protection notice (Privacy Policy) according to Article 13 ff GDPR is available on Kappa’s homepage at kappa-scopic.com.

 

12. Amendments to the terms of use

12.1 Kappa is entitled to adapt and amend the terms of use when necessary due to new laws, caselaw or other reasons (e.g. update, upgrade).

12.2 The customer will be notified in advance of any amendments to the terms of use in the App. If the customer does not expressly agree to an amendment to the terms of use by clicking the appropriate checkbox, they have the option of using the App for one month based on the terms of use in force prior to the amendment. Once this period elapses, the customer will no longer be able to use the App. If the terms of use change due to an update/upgrade of the App, the customer must agree to the resulting amendments to the terms of use, otherwise they will not be able to use the App after the update/upgrade is installed.

 

13. Final provisions

13.1 The customer must inform Kappa immediately of any changes to the e-mail address.

13.2 These terms of use are subject to applicable Austrian law with the exception of the conflict of law provisions (Rome Convention, Rome I Regulation, etc.) and the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the consumer has their residence or habitual abode.

13.3 Any disputes shall be subject to the exclusive jurisdiction of the local court of Kappa’s place of business having jurisdiction over the subject matter. For contractual relationships with consumers as defined by the Austrian Consumer Protection Act, the above provisions shall only apply insofar as other consumer protection provisions do not necessarily conflict with them.