Terms of Use

  1. General, scope of application
    1. The Pendix Portal is a web-based portal for private customers, retailers and fleet customers provided by Pendix GmbH, Innere Schneeberger Straße 20, 08056 Zwickau (hereinafter “Pendix”). These Terms of Use regulate the rights and obligations in connection with the use of the Portal by the Users.
    2. Pendix reserves the right to change these Terms of Use at any time with effect for the future.
    3. Any deviating terms and conditions shall require the express confirmation of Pendix in order to be effective. Moreover, these conditions do not affect other conditions related to the holding of events.
  2. Registration
    1. Registration for the use of the portal as a private person is allowed only to data subjects of legal age.
    2. The use of the portal as a retailer or as a fleet customer is exclusively permitted to employers in the sense of Art. 14 para. 1 BGB (German Civil Code) as well as legal entities under public law and special funds under public law.
  3. Inactivity
    1. Pendix will classify user accounts of private individuals as “inactive” if the private user has not used the portal via the user account for 24 months or longer. To use it, it is sufficient to log in to the portal with the user account.
    2. As soon as the user account has been classified as inactive, Pendix shall be entitled to permanently erase the user account and/or all data contained in the user account.
    3. Pendix will notify the User of the inactivity as well as the consequences of the inactivity by e-mail at least 14 days before the user’s account is classified as “inactive”.
    4. After erasure of the user account, the user can register again. In this case, it is not possible to restore the data stored under the original usage relationship.
  4. Rights of use
    1. Pendix grants Users a non-exclusive, withdrawable, non-transferable and non-sublicensable right to use the portal and the information provided within the portal. The portal or the content provided within the portal may not be distributed, rented or otherwise provided by the users to third parties at any time.
    2. The users guarantee that
      1. they have all rights to the information and data entered into the portal that are necessary for the granting of rights under these Terms of Use;
      2. the information and data entered into the portal do not violate these Terms of Use, applicable law or the intellectual property of a third party.
    3. The users hereby grant Pendix the right to use the data and information entered in connection with the use of the portal for the purpose of implementing the user relationship established by the use of the portal, in particular to reproduce it (e.g. for data backups), to modify it and to make it available for the purpose of accessing it. The granting of these rights shall be made free of charge.
  5. Intellectual property
    1. Subject to the data and information entered into the portal by Users, all content included in the portal, such as text, graphics, logos, button icons or images, is the property of Pendix or Pendix’s licensors and is protected by national and international copyright, database right, trademark and/or other intellectual property rights.
    2. The users are not entitled to systematically download, reproduce and/or distribute the contents provided through the Portal.
  6. Obligations
    1. Users are obliged,
      1. to enter only truthful information and data into the portal and to update incorrect or outdated data immediately.
      2. to inform Pendix immediately by e-mail to info@pendix.de if misuse of the account or the access data has occurred or if the user suspects such misuse.
      3. in the event of misuse of the account or suspicion of misuse, Pendix will immediately block the access of the users concerned in order to prevent further use of the access and misuse. Access will be released again as soon as the risk of misuse has been eliminated.
    2. The portal may not be misused by users, in particular users are not entitled to perform actions that endanger or disrupt the integrity and operational availability of the portal;
      1. to perform actions that endanger or disrupt the integrity and operational availability of the portal;
      2. to gain access to non-public areas of the portal or to access the underlying technical systems;
      3. to knowingly transmit data containing viruses or other harmful components through the portal or otherwise interfere with the proper functioning of the portal;
      4. to intentionally use devices, software or routines that interfere with the functions or usability of the portal, generate excessive load, interfere in a harmful way, intercept or take over fraudulent ones;
      5. to post content and data on the portal that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties.
    3. The portal is not intended for storage and backup of users’ data. Users must therefore ensure that all data and information important to them is also stored outside the portal.
    4. In the event of violations of these Terms of Use by the users, Pendix reserves the right to withdraw the right to use the portal from the violating user. Further use of the portal by the respective user is then no longer possible. A release for use shall only take place if it has been proven to Pendix that the infringement by the user has been terminated and it has been credibly demonstrated that there is no threat of a further infringement. Furthermore, Pendix reserves the right to assert any possible claims for damages against the user.
  7. Data protection
    Insofar as personal data is collected or processed in connection with the use of the app, this is done exclusively in accordance with data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further information on the processing of personal data when using the portal can be found at https://portal.pendix.group/datenschutz.
  8. Availability
    1. Pendix shall endeavour at all times to ensure reliable operation of the portal. However, Pendix cannot guarantee and does not owe continuous availability.
    2. Pendix is entitled to interrupt access to the portal at any time if this is necessary with regard to capacity limits, the security or integrity of the servers or in order to carry out technical measures or if the interruption serves to carry out maintenance work. Maintenance work can be performed at any time of the day or night.
  9. Liability
    1. Pendix shall only be liable for damages the cause of which is based on a grossly negligent or intentional breach of duty or on an at least negligent breach of material contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfilment makes the proper execution of the usage relationship possible in the first place, on whose compliance the user therefore relies and may also rely and/or obligations whose violation jeopardizes the achievement of the purpose of the usage relationship.
    2. The aforementioned limitation of liability shall not apply to damages arising from injury to life, body or health or insofar as Pendix has assumed a guarantee by way of exception. In addition, liability in accordance with the applicable statutory mandatory product liability provisions shall remain unaffected.
    3. The limitation of liability pursuant to this Point 9 shall also apply in the event of breaches of duty by Pendix’s legal representatives or vicarious agents. To the extent that any liability of Pendix is excluded on the basis of Point 9, this shall also apply to any personal liability of the employees and vicarious agents of Pendix.
  10. Final provisions
    1. If one or more provisions of these terms of use are invalid or unenforceable in whole or in part, the validity of all other provisions of these terms of use shall not be affected thereby. The invalid or unenforceable provision shall be deemed to be replaced by the valid or enforceable provision that comes closest to the economic purpose pursued by the parties with the invalid or unenforceable provision. This also applies to any gaps in these terms of use.
    2. German is the only contractual language available to users. These Terms of Use can be viewed, printed and saved by the users at any time.
    3. The exclusive place of jurisdiction for all disputes arising from and in connection with the use of the portal is, to the extent permitted by law, Zwickau.
    4. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.

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