The following conditions apply to the provision and use of mobile applications by MEDION AG ("MEDION"), Am Zehnthof 77, 45307 Essen, subject to deviating and/or supplementary regulations in individual cases:
By installing and using an application offered by MEDION, the user accepts the following terms of use in their current version. Unless otherwise stipulated, the terms and conditions also apply to future updates or new versions of the software.
Medion grants the user a simple, non-transferable right to use the software. The right of use is subject to the conditions stipulated herein. Additional terms or restrictions may arise from the End User Terms of the respective App Store through which the Software is offered.
MEDION may also send the user notifications via electronic communication services (e.g. push messages, e-mail, SMS) as part of the execution of the application. These can contain both general information (e.g. about available updates) but also user-specific messages (e.g. warnings, reminders, recommendations).
In the case of apps offered free of charge, Medion reserves the right to refinance the development and maintenance costs by integrating advertising (in the form of advertisements). This also applies to applications that are offered as a free additional feature for hardware products distributed by MEDION.
The use of the software is only permitted to persons over the age of 16. Until the age of 18, a legal guardian's permission is required to use the App and agree to the Terms of Use.
In order to use the software, the user needs a terminal device that meets the applicable system and compatibility requirements for the corresponding software version. Compliance with the technical usage requirements is the sole responsibility of the user.
The app can automatically download and install software updates to correct any bugs (patches or bug fixes). The functionality and scope of services are usually not changed by such updates.
In the case of free apps, MEDION assumes no guarantee for the proper functioning and permanent availability of the application. Any liability for damages by MEDION AG and its organs, employees and vicarious agents arising out of or in connection with the provision of free apps, regardless of the legal reason, is limited to cases of intent or gross negligence, to the extent permitted by law.
In the case of paid apps and app functionalities offered and/or advertised as a product feature of hardware products distributed by MEDION, the statutory warranty conditions apply with the proviso that the app has been tested and has the specified functions. However, no guarantee can be given for the suitability of the app with regard to the intended use by the user. Liability for damages resulting from injury to life, body or health as well as due to the violation of essential contractual obligations is not limited, as is liability in accordance with the Product Liability Act. In addition, the obligation to pay damages here is also in principle limited to intent and gross negligence.
The law of the Federal Republic of Germany applies. MEDION reserves the right to amend these Terms of Use if this is necessary for objective reasons (e.g. of the legal situation or case law). In this case, MEDION will inform the user of the change in good time and ask the user for consent. Further use of the app may be subject to consent. Should individual provisions of these Terms of Use be or become ineffective, the validity of the remaining provisions shall remain unaffected. The invalid or void provision shall be replaced by a provision that effectively comes closest to the economic purpose of the invalid or void provision.
MEDION AG Am Zehnthof 77, 45307 Essen.
Local Court Essen HRB 13274USt.-Ident.-Nr.: DE 812543382
Represented by the Board of Directors: Mr. Gerd Brachmann (Chairman)Mr. Christian Eigen (Deputy Chairman)
Phone +49 (0) 201 83 83 - 0Telefax +49 (0) 201 83 83 – 1112 unternehmen@medion.com