For the provision and use of mobile applications by Medion AG ("Medion"), on Zehnthof 77, 45307 Essen – subject to deviating and/or supplementary regulations in individual cases – the following conditions apply:
By installing and using an application offered by Medion, the user accepts the following terms of use in their current version. The terms and conditions are valid for future updates or new versions of the software, unless otherwise stipulated.
Medion grants the user a simple, non-transferable right to use the software. The right of use is subject to the conditions regulated herein. Additional terms of use or restrictions may arise from the end-user terms of the respective App store through which the software is offered.
Medion can also transmit notifications to the user via electronic communication services (e.g. push messages, e-mail, SMS) as part of the execution of the application. These can include general information (e.g. on available updates) but also user-specific messages (e.g. warnings, reminders, recommendations).
In the case of unpaid apps, medion reserves the right to refinance the development and maintenance costs through the inclusion of advertising (InSb in the form of impressions). This also applies to applications that are offered as a free additional feature for hardware products sold by Medion.
The use of the software is only permitted to persons from the age of 16. Until 18 years of age, a parent'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 that meets the current system and compatibility requirements for the corresponding software version. The fulfilment of the technical usage requirements is the sole responsibility of the user.
The app can automatically download and install software updates (updates) to fix any program errors (so-called patches or bugfixes). The functionality and scope of services are usually not changed by such updates.
In the case of free apps, Medion does not assume any guarantee for the flawless functioning and permanent availability of the application. Any indemnity obligation of Medion AG and its organs, employees and vicarious agents arising out of or in connection with the provision of free apps, irrespective of the legal basis, is, to the extent permitted by law, subject to cases of intent or gross Negligence.
For paid apps as well as for app functions offered and/or advertised as a product feature of hardware products sold by medion, the legal warranty conditions apply with the proviso that the app is tested and the Specified functions. However, no guarantee can be given for the suitability of the app in relation to the intended use by the user. Liability for damages arising from injury to life, body or health as well as due to breach of essential contractual obligations is not limited as well as liability in accordance with the product Liability Act. In addition, the obligation to compensate for damages is in principle limited to intent and gross negligence.
The law of the Federal Republic of Germany applies. Medion reserves the right to change these terms of use if this is necessary for factual reasons (e.g. veins of the law or jurisdiction). In this case, Medion will inform the user in good time of the change and ask for approval. Further use of the app can be made subject to approval. Should individual provisions of these Terms of use be or become ineffective, the validity of the remaining provisions shall not be affected. The ineffective or void provision shall be replaced by a provision which effectively meets the economic purpose of the ineffective or void provision.
Medion AG
Am Zehnthof 77
45307 Essen
Local Court Essen HRB 13274
VAT ID: De 812543382
Represented by the board of Directors:
Mr. Gerd Brachmann (Chairman)
Mr. Christian (Vice-Chairman)
Phone + 49 (0) 201 83 83-0
Fax + 49 (0) 201 83 83-1112
Unternehmen@medion.com